Tracts on Liberty by the Levellers and their Critics Vol. 6 (1649)

David M. Hart

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Published by Liberty Fund, Inc.

David M. Hart, Tracts on Liberty by the Levellers and their Critics Vol. 6 (1649) [2015]

Edition used:

Tracts on Liberty by the Levellers and their Critics (1638-1660), 7 vols. Edited by David M. Hart and Ross Kenyon (Indianapolis: Liberty Fund, 2015). Vol. 6 (1649).

Editor: David M. Hart

Editor: Ross Kenyon

A collection of 27 pamphlets from 1649 including works by John Rushworth, John Lilburne, William Walwyn, Robert Ward, Thomas Prince, Robert Lockier, Richard Overton, Oliver Cromwell, Humphrey Brooke, Richard Overton, William Prynne, Gerrard Winstanley, and others.

Copyright:

The text is in the public domain.

Table of Contents

6.1. [Anon.], The humble Petition of firm and constant Friends to the Parliament (n.p., 19 January 1649).

6.2. John Rushworth, A Petition concerning the Draught of an Agreement of the People (London: John Partridge, 20 January 1649).

6.3. John Lilburne, Englands New Chains Discovered (n.p., 26 February 1649).

6.4. [William Walwyn], The Vanitie of the present Churches (London: J. Clows, 12 March 1649).

6.5. [Signed by Robert Ward, Thomas Watfon, Simon Graunt, George Jellis, William Sawyer (or 5 “Beagles”), but attributed to Richard Overton or John Lilburne], The Hunting of the Foxes (n.p., 21 March 1649).

6.6. [John Lilburne], The Second Part of Englands New-Chaines Discovered (London, n.p., 24 March 1649).

6.7. John Lilburne, Thomas Prince, Richard Overton, The Picture of the Councel of State (n.p., 4 April, 1649).

6.8. [William Walwyn], The English Souldiers Standard (n.p., 5 April 1649).

6.9. [Signed by John Lilburn, William Walwyn, Thomas Price, Richard Overton, sometimes attributed mainly to Walwyn], A Manifestation from Lieutenant Col. John Lilburn et al. (n.p., 14 April 1649).

6.10. [John Prince], Walwyns Wiles: Or The manifesters Manifested (London: Henry Whalley, 23 April 1649).

6.11. John Lilburne, William Walwyn, Thomas Prince, Richard Overton, An Agreement of the Free People of England (London: Gyles Calvert, 1 May 1649).

6.12. Robert Lockier, John Lilburne, and Richard Overton, The Army’s Martyr (London, n.p., 4 May 1649).

6.13. Oliver Cromwell, The Declaration of Lieutenant Generall Crumwel Concerning the Levellers (London, n.p., 14 May 1649).

6.14. [Humphrey Brooke], The Charity of Church-men (n.p., 28 May 1649).

6.15. William Walwyn, The Fountain of Slaunder Discovered (London: H. Hills, 30 May 1649).

6.16. John Lilburne, The Legall Fundamentall Liberties of the People of England Revived, Asserted, and Vindicated (London, n.p., 8 June 1649).

6.17. Thomas Prince, The Silken Independents Snare Broken (London, n.p., 20 June 1649).

6.18. William Walwyn, Walwyns Just Defence (London: H. Hils, June/July 1649).

6.19. Ricard Overton, Overton’s Defyance of the Act of Pardon (London, n.p., 2 July 1649).

6.20. William Prynne, A Legall Vindication Of the Liberties of England (London, n.p., 16 July 1649).

6.21. Richard Overton, The Baiting of the Great Bull of Bashan (London, n.p., 16 July 1649).

6.21. John Lilburne, An Impeachment of High Treason against Oliver Cromwel, and his Son in Law Henry Ireton Esquires (London, n.p., 10 August 1649).

6.23. Six Soldiers (John Wood, Robert Everard, Hugh Hurst, Humphrey Marston, William Hutchinson, James Carpe), The Levellers (falsely so called) Vindicated (n.p., 20 August 1649).

6.24. [Signed by several but attributed to John Lilburne], An Outcry of the Youngmen and Apprentices of London (n.p., 29 August 1649).

6.25. John Lilburne, Truths Victory over Tyrants and Tyranny (n.p., 16 November 1649).

6.26. Gerrard Winstanley et al., The True Levellers Standard Advanced (London, n.p., 1649).

6.27. Anon., The humble Petition of divers wel-affected Women (London, n.p., 1649).

Edition: current; Page: [6-001]

Tracts on Liberty by the Levellers and their

Critics (1638-1659), 7 vols. (Liberty

Fund, 2010-2014).

Volume 6: 1649.

[Created: April 30, 2014; Updated: Wednesday, April 30, 2014]

Edition: current; Page: [6-002]

The Legall Fundamentall

LIBERTIES

OF THE

PEOPLE OF ENGLAND

Revived, Asserted, and Vindicated.

OR,

An Epistle written the eighth day of June 1649, by lieut. Colonel John Lilburn (Arbitrary and Aristocratical prisoner in the Tower of London) to Mr. William Lenthall Speaker to the remainder of those few knights, Citizens, and burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster (as most fit for his and his Masters designes, to serve their ambitious and tyrannical ends, to destroy the good old Laws, Liberties and Customs of England, the badges of our freedom (as the Declaration against the King, of the 17 of March 1648, pag. 23. calls them) and by force of arms to rob the people of their lives, estates and properties, and subject them to perfect vassalage and slavery, as he cleerly evinceth in his present Case etc. they have done) who (and in truth no otherwise) pretendedly stile themselves (the Conservators of the peace of England, or) the Parliament of England, intrusted and authorised by the consent of all the people thereof, whose Representatives by election (in the Declaration last mentioned, pag. 27. they say) they are; although they are never able to produce one bit of a Law, or any piece of a Commission to prove, that all the people of England, or one quarter, tenth, hundred, or thousand part of them authorised Thomas pride, with his Regiment of Souldiers, to chuse them a Parliament, as indeed he hath de facto done by this pretended mock Parliament: And therefore it cannot properly be called the Nations or Peoples Parliament, but Col Pride’s and his associates, whose really it is; who, although they have beheaded the King for a Tyrant, yet walk in his oppressingest steps, if not worse and higher.

John 7.51. Doth our Law judge any man, before it hear him and know what he doth?

Acts 24.23. And he commanded a Centurion to keep Paul and to let him have liberty, and that he should forbid none of his acquaintance to minister, or come unto him, (although in ver. 5. he was accused for a most pestilent fellow, and a mover of sedition throughout all the world.)

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Acts 25.27. For it seemeth to me unreasonable (saith the heathen Judge) to send a prisoner, and not withall to signifie the crimes laid against him.

Acts 28. 30. And Paul (IN HIS IMPRISONMENT AT ROME UNDER THE HEATHEN PERSECUTORS) dwelt two whole years in his own hired house, and received all that came in unto him.

LONDON, Printed in the grand yeer of hypocriticall and abominable dissimulation. 1649.

[John Lilburne (8 June 1649).]

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Table of Contents [text]

1. 19 January 1649 - [Anon.], To the Right Honourable, The Supreme Authority of this Nation, the Commons of England in Parliament assembled. The humble Petition of firm and constant Friends to the Parliament and Common-wealth, Presenters and Promoters of the late Large Petition of September 11. 1648. [n.p.].

2. 20 January 1649 - John Rushworth, [The Officers’ Agreement], A Petition from His Excellency Thomas Lord Fairfax And the General Councel of Officers of the Army, To the Honourable, the Commons of England in Parliament assembled, Concerning the Draught of An Agreement of the People For a secure and present Peace, by them framed and prepared. Together with the said Agreement presented on Saturday, Jan. 20. And a Declaration of his Excellency and the said General Councel, concerning the same. Tendered to the Consideration of the people. By the Appointment of the Generall Councel of Officers of the Army. Signed John Rushworth, Sec. London, Printed for John Partridge, R. Harford, G. Calvert, and G. Whittington. 1649.

3. 26 February 1649 - John Lilburne, Englands New Chains Discovered; Or The serious apprehensions of a part of the People, in behalf of the Commonwealth; (being Presenters, Promoters, and Approvers of the Large Petition of September 11. 1648.) Presented to the Supreme Authority of England, the Representatives of the people in Parliament assembled. By Lieut. Col. John Lilburn, and divers other Citizens of London, and Borough of Southwark; February 26. 1648. whereunto his speech delivered at the Bar is annexed. [n.p.].

4. 12 March 1649 - [William Walwyn], The Vanitie of the present Churches, and Uncertainty of their Preaching, discovered. Wherein The pretended immediate teaching of the Spirit, is denyed, and the all-sufficiency of the Scriptures teaching, is maintained. With, A new and true Method of Edition: current; Page: [6-005] reading thereof, for the peace of mind, and the rule of life. London, Printed by J. Clows, and are to be sold in Cornhill and Popes-Head-Alley, 1649.

5. 21 March 1649 - [Signed by Robert Ward, Thomas Watfon, Simon Graunt, George Jellis, William Sawyer (or 5 “Beagles”), but attributed to Richard Overton or John Lilburne], The Hunting of the Foxes from New-Market and Triploe-Heaths to White Hall, by five small Beagles (late of the Armie.) Or The Drandie-Deceivers Unmasked (that you may know them.) Directed to all the Free-Commons of England, but in especiall, to all that have, and are still engaged in the Military Service of the Common-Wealth. By Robert Ward, Thomas Watson, Simon Graunt, George Jellis, and William Sawyer, late Members of the Army. Printed in a Corner of Freedome, right opposite to the Councel of Warre, Anno Domini, 1649. [n.p.].

6. 24 March 1649 - [John Lilburne], The Second Part of Englands New-Chaines Discovered: Or a sad Representation of the uncertain and dangerous condition of the Common-Wealth: Directed To the Supreme Authority of England, the Representors of the People in Parliament assembled. By severall wel-affected persons inhabiting the City of London, Westminster, the Borough of Southward, Hamblets, and places adjacent, presenters and approvers of the late large Petition of the Eleventh of September. 1648. All persons who are assenting of this Representation, are desired to subscribe it, and bring in their Subscriptions to the Presenters and Approvers of the foresaid Petition of the 11 of Sept. London, Printed in the Year, 1649. [n.p.].

7. 4 April, 1649 - John Lilburne, Thomas Prince, Richard Overton, The Picture of the Councel of State, Held forth to the Free people of England by Lieut. John Lilburn, Mr. Thomas Prince, and Mr. Richard Overton, now Prisoners in the Tower of London, Or, A full Narrative of the late Extra-judicial and Military Proceedings against them. Together with the Substance of their several Examinations, Answers and Deportments before them at Darby house, upon the 28. of March last. Printed in the Year, 1649. [n.p.].

8. 5 April 1649 - [William Walwyn], The English Souldiers Standard to repair to, for Wisdom and Understanding in these doleful backsliding times. Edition: current; Page: [6-006] To be read by every honest Officer to his Souldiers, and by the Souldiers one to another. [n.p.]

9. 14 April 1649 - [Signed by John Lilburn, William Walwyn, Thomas Price, Richard Overton, sometimes attributed mainly to Walwyn], A Manifestation from Lieutenant Col. John Lilburn, Mr William Walwyn, Mr Thomas Prince, and Mr Richard Overton, (Now Prisoners in the Tower of London) And others, commonly (though unjustly) styled Levellers. Intended for their Full Vindication from the many aspersions cast upon them, to render them odious to the World, and unserviceable to the Common-wealth. And to satisfie and ascertain all men whereunto all their Motions and Endeavours tend, and what is the ultimate Scope of their Engagement in the Publick Affaires. They also that render evill for good, are Our adversaries: because we follow the thing that good is. Printed in the year of our Lord, 1649. [n.p.]

10. 23 April 1649 - [John Prince], Walwyns Wiles: Or The manifesters Manifested viz. Lieut. Col. John Lilburn, Mr William Walwyn, Mr Richard Overton, and Mr Tho. Prince. Discovering themselves to be Englands new Chains and Irelands back Friends. Or The hunting of the old Fox with his Cubs and the Picture of the Picturers of the Councel of State. Declaring the subtle and crafty Wiles of the Atheisticall Blasphemous, foul-murthering principles, and practises of Mr William Walwyn, in plentifull instances, confirming the same with some advertisements to Lieu. Col. John Lilburn, and Mr Tho. Prince. By a Lover of the Present, and Eternall, interest of Man-kinde. The Second Edition, Corrected and amended. April 23. 1649. Imprimatur, Henry Whalley. London, Printed for H.C. and L.L. 1649.

11. 1 May 1649 - John Lilburne, William Walwyn, Thomas Prince, Richard Overton, An Agreement of the Free People of England. Tendered as a Peace-Offering to this distressed Nation. By Lieutenant Colonel John Lilburne, Master William Walwyn, Master Thomas Prince, and Master Richard Overton, Prisoners in the Tower of London, May the 1. 1649. London, Printed for Gyles Calvert at the blaclkspread-Eagle at the West end of Pauls, 1649.Edition: current; Page: [6-007]

12. 4 May 1649 - Robert Lockier, John Lilburne, and Richard Overton, The Army’s Martyr, Or, A more ful Relation of the barbarous and illegall proceedings of the Court-Martiall at White-Hall Upon Mr. Robert Lockier: Who was shot to death in Paul’s Church-yard upon the 27 day of April, 1649. And a brief Narrative of the Cause thereof. With his Christian carriage and deportment, and his dying Speeches to all his fellow-souldiers at the time of his Execution, as an everlasting witnesse of his integrity to the Rights and Freedoms of the Common-Wealth. With a Petition Of divers well-affected persons, and a Letter of Lieut. Col. Jo. Lilburne, and M. Ri. Overton, Presented to the General in his behalf. Printed at London in the Yeer 1649. [n.p.].

13. 14 May 1649 - Oliver Cromwell, The Declaration of Lieutenant Generall Crumwel Concerning the Levellers; and His Letter and Representation to the Agitators of the respective Regiments who have deserted and declared against the Parliament, the Councell of State, and the late proceedings of the High Court of Justice. With the Declaration, Resolution, and Proposals of the said Levellers, presented to the view of the World, intimating the Grounds and Reasons of their Engagement, and to die as one man with their swords in their hands, rather then to be inslaved. Also, Two Fights between the Levellers and the parliamenteers, neer Worcester and Banbury, the particulars thereof, and the number killed; with the Levellers Summons to the City of Coventry. Imprinted at London, for G.H., May 14. 1649.

14. 28 May 1649 - [Humphrey Brooke], The Charity of Church-men: or, A Vindication of Mr William Walwyn Merchant, from the aspersions plentifully cast upon him in a Pamphlet, Intituled, Walwyn’s Wiles. By H.B. Med. a friend to Truth, his Country and Mr Walwyn. London, Printed by H. Hils, and are to be sold by W. Larnar, at the sign of the Blackmore, near Bishops-gate. 1669.

15. 30 May 1649 - William Walwyn, The Fountain of Slaunder Discovered. By William Walwyn, Merchant. With some passages concerning his present Imprisonment in the Tower of London. Published for satisfaction of Friends and Enemies. London, Printed by H. Hils, and are to be sold by W. Larnar, at the sign of the Blackmore, near Bishops-gate. 1649]Edition: current; Page: [6-008]

16. 8 June 1649 - John Lilburne, The Legall Fundamentall Liberties of the People of England Revived, Asserted, and Vindicated. Or, An Epistle written the eighth day of June 1649, by lieut. Colonel John Lilburn (Arbitrary and Aristocratical prisoner in the Tower of London) to Mr. William Lenthall Speaker to the remainder of those few knights, Citizens, and burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster (as most fit for his and his Masters designes, to serve their ambitious and tyrannical ends, to destroy the good old Laws, Liberties and Customs of England, the badges of our freedom (as the Declaration against the King, of the 17 of March 1648, pag. 23. calls them) and by force of arms to rob the people of their lives, estates and properties, and subject them to perfect vassalage and slavery, as he cleerly evinceth in his present Case etc. they have done) who (and in truth no other-wise) pretendedly stile themselves (the Conservators of the peace of England, or) the Parliament of England, intrusted and authorised by the consent of all the people thereof, whose Representatives by election (in the Declaration last mentioned, pag. 27. they say) they are; although they are never able to produce one bit of a Law, or any piece of a Commission to prove, that all the people of England, or one quarter, tenth, hundred, or thousand part of them authorised Thomas pride, with his Regiment of Souldiers, to chuse them a Parliament, as indeed he hath de facto done by this pretended mock Parliament: And therefore it cannot properly be called the Nations or Peoples Parliament, but Col Pride’s and his associates, whose really it is; who, although they have beheaded the King for a Tyrant, yet walk in his oppressingest steps, if not worse and higher. John 7.51. Doth our Law judge any man, before it hear him and know what he doth? Acts 24.23. And he commanded a Centurion to keep Paul and to let him have liberty, and that he should forbid none of his acquaintance to minister, or come unto him, (although in ver. 5. he was accused for a most pestilent fellow, and a mover of sedition throughout all the world.) Acts 25.27. For it seemeth to me unreasonable (saith the heathen Judge) to send a prisoner, and not withall to signifie the crimes laid against him. Acts 28. 30. And Paul (in his imprisonment at Rome under the heathen persecutors) dwelt two whole years in his own hired Edition: current; Page: [6-009] house, and received all that came in unto him. London, Printed in the grand yeer of hypocriticall and abominable dissimulation. 1649.

17. 20 June 1649 - Thomas Prince, The Silken Independents Snare Broken. By Thomas Prince, close Prisoner in the Tower. Turning the mischief intended upon him, in Walwyns Wyles, upon the Seven Independent authors thereof, viz. William Kiffin, David Lordell, John Price, Richard Arnald, Edmund Rosier, Henry Foster, Henry Barnet. London, Printed by H.H. for W.L and are to be sold at the sign of the Blackmore near Bishopgate, 1649.

18. June/July 1649 - William Walwyn, Walwyns Just Defence Against the Aspersions cast upon him, in A late un-christian Pamphlet entituled, Walwyns Wiles. By William Walwyn, Merchant. London, Printed by H. Hils, for W. Larnar, and are to be sold at the sign of the Blackmore, near Bishops-gate, 1649.

19. 2 July 1649 - Ricard Overton, Overton’s Defyance of the Act of Pardon: Or, The Copy of a Letter to the Citizens usually meeting at the Whale-Bone in Lothbury behinde the Royal Exchange; And others commonly (though unjustly) styled Levellers. Written by Richard Overton Close prisoner in the Tower of London. Imprinted at London 1649. [n.p.].

20. 16 July 1649 - William Prynne, A Legall Vindication Of the Liberties of England, against Illegall Taxes And pretended Acts of Parliament Lately enforced on the People: Or, Reasons assigned by William Prynne of Swainswick in the County of Sommerset, Esquire, why he can neither in Conscience, Law, nor Prudence submit to the New illegall Tax or Contribution of Ninety Thousand pounds the Month; Lately imposed on the Kingdom, by a pretended Act of some Commons in (or rather out of) Parliament. London, Printed for Robert Hodges, and are to be sold by him. 1649.

21. 16 July 1649 - Richard Overton, The Baiting of the Great Bull of Bashan. Unfolded and presented to the Affecters and approvers of the petition of the 11. Sept. 1648. Especially to the Citizens of London usually meeting at the Whale-bone in Lothbury behind the Royal Exchange, Commonly (though Edition: current; Page: [6-010] unjustly) styled Levellers. By Richard Overton Close-prisoner in the Tower of London. Imprinted at London, 1649.

22. 10 August 1649 - John Lilburne, An Impeachment of High Treason against Oliver Cromwel, and his Son in Law Henry Ireton Esquires, late Members of the late forcibly dissolved House of Commons, presented to publique view; by Lieutenant Colonel Iohn Lilburn close Prisoner in the Tower of London, for his real, true and zealous affections to the Liberties of his native Country. In which following Discourse or Impeachment, he engageth upon his life, either upon the principles of Law (by way of indictment, the only and alone legall way of all tryals in England) or upon the principles of Parliaments ancient proceedings, or upon the principles of reason (by pretence of which alone, they lately took away the Kings life) before a legal Magistracy, when there shal be one again in England (which now is the leasst there is not) to prove the said Oliver Cromwel guilty of the highest Treason that ever was acted in England, and more deserving punishment and death then the 44 Judges hanged for injustice by King Alfred before the Conquest... Imprinted at London, Anno Dom. 1649. [n.p.].

23. 20 August 1649 - Six Soldiers (John Wood, Robert Everard, Hugh Hurst, Humphrey Marston, William Hutchinson, James Carpe), The Levellers (falsely so called) Vindicated, or the Case of the twelve Troops (which by Treachery in a Treaty) was lately surprised, and defeated at Burford, truly stated, and offered to the Judgment of all unbyasses, and wel-minded People, especially of the Army, their fellow Souldiers, under the Conduct of the Lord Fairfax. By a faithful remnant, late of Col. Scroops, Commissary General Iretons, and Col. Harrisons Regiments, that hath not yet bowed their knee until Baal, whose names (in behalf of themselves, and by the appointment of the rest of their Friends) are hereunto subscribed. [n.p.].

24. 29 August 1649 - [Signed by several but attributed to John Lilburne], An Outcry of the Youngmen and Apprentices of London: or, An inquisition after the lost fundamentall lawes and liberties of England. Directed (August 29. 1649.) in an epistle to the private souldiery of the Army, especially all those that signed the solemne ingagement at Newmarket-Heath, Edition: current; Page: [6-011] the fifth of June, 1647. But more especially to the private souldiers of the Generalls Regiment of Horse, that helped to plunder and destroy the honest and true-hearted English-men, trayterously defeated at Burford the 15. of May, 1649. Signed by Charles Collins, Anthony Bristlebolt, William Trabret, Stephen Smith, Edward Waldgrave, Thomas Frisby, Edward Stanley, William White, Nicholas Blowd, John Floyd in the name and behalf of themselves, and the young-men and apprentices of the City of London. Who are cordiall approvers of the paper, called, The agreement of the free people, dated May 1. 1649. and the defeated Burford-mens late vindication, dated the 20. of August, 1649. [n.p.].

25. 16 November 1649 - John Lilburne, Truths Victory over Tyrants and Tyranny. Being the Tryall of that Worthy Assertor of his Countreys Freedoms, Lieftenant Colonell John Lilburne, Defender of the Ancient and known Laws of England, against Men and Devills, whether in King, Parliament, Army, or Councell of State. Guild-hall London, Octob. 26. Freed in open Court, from his unjust and Illegall Charge of High-Treason, and cruell Imprisonment in the Tower, by the unbyassed and just Verdict of this Jewry, whose Names are here inserted; Miles Pettit, Holburn-Condu. Stephen Iles, Friday-street. Abraham Smith, Smithfield. John King Smithfield. Nicholas Murrin, Gosling-str. Thomas Daintie, Cheapside. Edmund Keysar, Holb-bridge Edward Perkins Smithfield. Ralph Packman, Smithfield. William Cummins, Cheap. Symon Weeden, Bredstr. Henry Tooley, Bredstreet. All good men and true. Printed in the fall of Tyranny. 1649. [n.p.].

26. 1649 - Gerrard Winstanley et al., The True Levellers Standard Advanced: Or, the State of Community Opened, and Presented to the Sons of Men. by Ferrard Winstanley et al.. Beginning to Plant and Manure the Waste land upon George-Hill, in the Parish of Walton, in the County of Surrey, London. Printed in the Yeer, 1649. [n.p.].

27. 1649 - Anon., To the Supream authority of this Nation, the Commons assembled in Parliament: The humble Petition of divers wel-affected Women inhabiting the cities of London, Westminster, the borough of Southwark, Hamblets, and places adjacent; (Affecters and Approvers of the late Edition: current; Page: [6-012] large Petition) of the Eleventh of September, 1648. In behalf of Lieutenant Col. John Lilburn, Mr. William Walwyn, Mr. Thomas Prince, and Mr. Richard Overton, (now Prisoners in the Tower of London) and Captain William Bray, Close-prisoner in Windsor-Castle; and Mr. William Sawyer, Prisoner at White-Hall, Imprinted at London, 1649. [n.p.].

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19 January 1649

[1]

6.1. [Anon.], The humble Petition of firm and constant Friends to the Parliament (n.p., 19 January 1649).

Source

[Anon.], To the Right Honourable, The Supreme Authority of this Nation, the Commons of England in Parliament assembled. The humble Petition of firm and constant Friends to the Parliament and Common-wealth, Presenters and Promoters of the late Large Petition of September 11. 1648. (n.p., 19 January 1649).

Edition: current; Page: [6-014]

Sheweth,

That having seriously considered how many large and fair opportunities this honourable House hath had within these eight yeers last past to have made this Nation absolute free and happy; and yet that until this time, every of those opportunies have (after some short space of hope) faded, and but altered, if not increased our bondage.

When we call to mind what extraordinary things the Army undertook (and this honourable House approved) in behalf of the liberties of the people, in the yeer 1647 and that nevertheless, the first fruits of their great and unexpected success, was a more oppressive Ordinance for enforcing of Tyths, than ever had bin before, and which hath bin severely executed, and is still continued, to the extreme vexation of Friends, and encouragement of Pulpit Incendiaries; And how that great and wonderful opportunities wasted it self away in contending with, and imprisoning of cordial Friends, or in tampering with known enemies, and at length ended in a most dangerous and bloudy war; whereas rightly applied, it might have given peace and security to the Nation for many Generations.

These things considered, although we exceedingly rejoyced in your just and excellent Votes of the 4. of this instant Ianuary, as a people who had long suffered the reproches of Sectaries & Levellers, for maintaining the supreme original of all just power to be in the people, & the supreme Authority of this Nation to be in this honourable House, (which our burnt Petitions, and that of Sept. 11. do fully witness. Yet since we understand, that within few daies after Edition: current; Page: [6-015] you admitted a message from the House of Lords, and gave an accustomed respect thereunto. We have bin very much troubled, how already the same doth essentially derogate from your foresaid Votes.

And since also, we have seen a printed Warrant of his Excellency the Lord General Fairfax, directed to his Marshal General, for suppressing of unlicensed Books and Pamphlets, authorising him (upon the oath of one witness) to take all persons offending into custody, and inflict upon them such corporal punishments, and levie such fines upon them, as your Ordinances impose; and not to discharge them, until after payment and punishment; And further, to make diligent search in all places where the said Marshal shall think meet, for unlicensed printing presses, employed in printing scandalous, unlicensed pamphlets. Books, &c and to seise and carry away such printing presses, &c. And likewise to make diligent search in all suspected printing houses, ware-houses, and other shops and places whatsoever, for such unlicensed books, &c. And in case of opposition, to break open (according to your Ordinances) all dores and locks, and to apprehend all persons so opposing and take them into custody, till they have given satisfaction therein. And all this by vertue of an order of yours of the fift of this instant Ianuary. Since we have seen this, we profess, we cannot but already fear the issue and consequence of those excellent Votes, nothing more dangerous to a people, than the mis-application of their supreme entrusted Authority; and therefore we entreat herein to be excused, though we appear herein, as in a cause of very great Importance.

For what-ever specious pretences of good to the Common-wealth have bin devised to over-aw the Press, yet all times fore-gone will manifest, it hath ever ushered in a tyrannie; mens mouths being to be kept from making noise, whilst they are robd of their liberties; So was it in the late Prerogative times before this Parliament, whilst upon pretence of care of the publike. Licensers were set over the Press, Truth was suppressed, the people thereby kept ignorant, and fitted only to serve the unjust ends of Tyrants and Oppressors, whereby the Nation was enslaved; Nor did any thing beget those oppressions so much opposition, as unlicensed Books and Pamphlets.

A short time after the begining of this Parliament, upon pretense of publike good, and at the solicitation of the Company of Stationers (who in all times have bin officiously instrumental unto Edition: current; Page: [6-016] Tyrannie) the Press again (notwithstanding the good service it immediately before had done) was most ungratefully committed to the custody of Licensers, when though scandalous Books from or in behalf of the Enemy then at Oxford was the pretended occasion; yet the first that suffered was M. Lawrence Sanders, for Printing without license, a book intituled, Gods Love to Mankind; and not long after, M. John Lilburn, M. William Larnar, and M. Richard Overton, and others, about books discovering the then approching Tyrannie; whilst scandalous Pamphlets nevertheless abounded, and did the greater mischief, in that Licensers have never bin so free to pass, as good men have bin forward to compile proper and effectual answers to such books and pamphlets: And whether Tyrannie did soon follow thereupon, the courses you were forced unto in opposition, and the necessities you were put upon for your preservation, will most cleerly demonstrate. And if you, and your Army shall be pleased to look a little back upon affairs, you will find you have bin very much strengthened all along by unlicensed Printing; yea, that it hath done (with greatest danger to the doers) what it could to preserve you, when licensed did its utmost to destroy you; and we are very confident, those very excellent and necessary Votes of yours fore-mentioned, had made you a multitude of enemies, if unlicensed printing had not prepared and smoothed your way for them, whereas now they are received with great content and satisfaction.

And generally, as to the whole course of printing, as justly in our apprehensions, may Licensers be put over all publike or private Teachings, and Discourses, in Divine, Moral, Natural, Civil, or Political things, as over the Press; the liberty whereof appears so essential unto Freedom, as that without it, its impossible to preserve any Nation from being liable to the worst of bondage; for what may not be done, to that people who may not speak or write, but at the pleasure of Licensers?

As for any prejudice to Government thereby, if Government be just in its Constitution, and equal in its distributions, it will be good, if not absolutely necessary for them, to hear all voices and judgements, which they can never do, but by giving freedom to the Press; and in case any abuse their authority by scandalous Pamphlets, they will never want able Advocates to vindicate their innocency. And therefore all things being duely weighed, to refer all Books and Pamphlets to the judgement, discretion, or affection of Licensers, or to put the least restraint upon the Press, seems Edition: current; Page: [6-017] altogether inconsistent with the good of the Commonwealth, and expresly opposite and dangerous to the liberties of the people, and to be carefully avoided, as any other exorbitancy or prejudice in Government.

And being so, we beseech you to consider how unreasonable it is for every man or woman to be liable to punishment, penal or corporal, upon one witness in matters of this Nature, for compiling, printing, selling or dispersing of Books and Pamphlets, nay to deserve even whipping (as the last yeers Ordinance, an Engine fited to a Personal Treaty) doth provide a punishment, as we humbly conceive, fit only for slaves or bondmen. But that this honourable House, that is now by an extraordinary means freed from that major part, (which degenerating from the true Interest of the people, were the unhappy authors of that Ordinance) and reduced to that minor part, which we alwaies hoped did really oppose the same, should now approve thereof, and of all other Ordinances of like nature; and not onely so, but in cases so meerly Civil, to refer the execution thereof to a Military power: This is that which in the present sense and consequence thereof, afflicts us above measure; because according to this rule, we may we know not how soon, be reduced under a military jurisdiction, which we humbly conceive, we ought not to be, and which above any thing in this world, we shall desire in this and all other cases for ever to avoid.

And therefore we most earnestly entreat. First, That as you have voted your selves the supreme Authority, so you will exactly preserve the same entire in it self, without intermixing again with any other whatsoever.

Secondly, That you will precisely hold your selves to the supreme end, the Freedom of the People; as in other things, so in that necessary and essential part, of speaking, writing, printing, and publishing their minds freely; without seting of Masters, Tutors, and Controulers over them; and for that end, to revoke all Ordinances and Orders to the contrary.

Thirdly, That you will fix us onely in a Civil Jurisdiction, refering the Military to Act distinct, and within it self, except in cases of warlike opposition to Civil Authority.

Fourthly, That you will recal that oppressive Ordinance for Tyths, upon treble damages; that so, as we have rejoyced in the notion, we may not have cause to grieve, but to rejoyce also in the exercise of your supreme Authority; and that the whole Nation in this blessed opportunity may receive a full reward of true Freedom for its large Edition: current; Page: [6-018] expense of bloud and treasure, and by your Wisdom and Fidelity, be made happy to all Future Generations.

Die Jovis, January 18. 1648.

The House being informed that divers Inhabitants within the Citie of London and Borough of Southwark, were at the Dore; they were called in, and then presented a Petition to this House; which after the Petitioners were withdrawn, was read, and was entituled, The humble Petition of firm and constant friends to Parliament and Common-wealth, the Presenters and Promoters of the late large Petition of Sept. 11. 1648.

Ordered by the Commons assembled in Parliament, that the said Petition be referred to the Committee appointed yesterday to consider of Petitions of this nature.

Hen. Scobell cler. Parl. Dom. Com,

The Petitioners being again called in, M. Speaker by command of this House gave them this answer. Gentlemen, The House have read your Petition, and have referred it to a Committee to consider of the matters of consequence therein; and have taken notice of your continued good affections to this House, and they have commanded me to give you thanks for your good affections, and I do accordingly give you thanks for your good affections.

Hen. Scobell Cleric. Parl. Dom. Com.

Edition: current; Page: [6-019]

John Rushworth

Rushworth, John

20 January 1649

[2]

6.2. John Rushworth, A Petition concerning the Draught of an Agreement of the People (London: John Partridge, 20 January 1649).

Source

John Rushworth, [The Officers’ Agreement], A Petition from His Excellency Thomas Lord Fairfax And the General Councel of Officers of the Army, To the Honourable, the Commons of England in Parliament assembled, Concerning the Draught of An Agreement of the People For a secure and present Peace, by them framed and prepared. Together with the said Agreement presented on Saturday, Jan. 20. And a Declaration of his Excellency and the said General Councel, concerning the same. Tendered to the Consideration of the people. By the Appointment of the Generall Councel of Officers of the Army. Signed John Rushworth, Sec. London, Printed for John Partridge, R. Harford, G. Calvert, and G. Whittington. 1649. (London: John Partridge, 20 January 1649). [Also known as “The Officers’ Agreement”.]

Edition: current; Page: [6-020] Edition: current; Page: [6-021] Edition: current; Page: [6-022]

John Rushvvorth

Rushvvorth, John

Jan. 15. 1649.

Whitehall

To the honorable the Commons of England in Parliament assembled;

The humble Petition of his Excellency Thomas Lord Fairfax, and the General Councel of Officers of the Army under his Command, concerning the Draught of An Agreement of the People, by them framed and prepared.

IN our late Remonstrance of the 18 of November last, we propounded (next after the matters of publike Justice) some Foundations for a general settlement of Peace in the Nation, which we therein desired might be formed and Established in the nature of a generall Contract or Agreement of the People; and since then, the matters so propounded be wholly rejected, or no consideration of them admitted in Parliament (though visibly of highest Moment to the Publique) and all ordinary Remedies being denyed, we were necessitated to an extraordinary way of Remedy; whereby to avoyd the mischiefs then at hand, and set you in a condition (without such obstructions or diversions by corrupt Members) to proceed to matters of publique Justice and general Settlement. Now as nothing did in our own hearts more justifie our late undertakings towards many Members in this Parliament, then the necessity thereof in order to a sound Settlement in the Kingdom, and the integrity of our intentions to make use of it only to that end: so we hold our selves obliged to give the People all assurance possible, That our opposing the corrupt closure endeavoured with the King, was not in designe to hinder Peace or Settlement, (thereby to render our employments, as Souldiers, necessary to be continued,) and that neither that extraordinary course we have taken, nor any other proceedings of ours, have been intended for the setting up of any particular Party or Interest, by or with which to uphold ourselves in Power and Dominion over the Nation, but that it was and is the desire of our hearts, in all we have done, (with the hindering of that imminent evil, and destructive conjunction with the King) to make way for the settlement of a Peace and Government of the Kingdom upon Grounds of common Freedom and Safety: And Edition: current; Page: [6-023] therefore because our former Overtures for that purpose (being only in general terms, and not reduced to a certainty of particulars fit for practise) might possibly be understood but as plausible pretences, not intended really to be put into effect, We have thought it our duty to draw out these generals into an intire frame of particulars, ascertained with such circumstances as may make it effectively practicable. And for that end, while your time hath been taken up in other matters of high and present Importance, we have spent much of ours in preparing and perfecting such a draught of Agreement, and in all things so circumstantiated, as to render it ripe for your speedier consideration, and the Kingdoms acceptance and practise (if approved,) and so we do herewith humbly present it to you. Now to prevent misunderstanding of our intentions therein, We have but this to say, That we are far from such a Spirit, as positively to impose our private apprehensions upon the judgments of any in the Kingdom, that have not forfeited their Freedom, and much lesse upon your selves: Neither are we apt in any wise to insist upon circumstantial things, or ought that is not evidently fundamental to that publique Interest for which You and We have declared and engaged; But in this Tender of it we humbly desire,

1. That whether it shall be fully approved by You and received by the People (as it now stands) or not, it may yet remain upon Record, before you, a perpetual witness of our real intentions and utmost endeavors for a sound and equal Settlement; and as a testimony whereby all men may be assured, what we are willing and ready to acquiesce in; and their jealousies satisfied or mouths stopt, who are apt to think or say, We have no bottom.

2. That (with all expedition which the immediate and pressing great affairs will admit) it may receive your most mature Consideration and Resolutions upon it, not that we desire either the whole, or what you shall like in it, should be by your Authority imposed as a Law upon the Kingdom, (for so it would lose the intended nature of An Agreement of the People,) but that (so far as it concurs with your own judgments) it may receive Your Seal of Approbation only.

3. That (according to the method propounded therein) it may be tendred to the People in all parts, to be subscribed by those that are willing, (as Petitions, and other things of a Edition: current; Page: [6-024] voluntary nature, are;) and that meanwhile, the ascertaining of those circumstances, which it refers to Commissioners in the several Counties, may be proceeded upon in a way preparatory to the practise of it: And if upon the Account of subscriptions (to be returned by those Commissioners in April next) there appear to be a general or common Reception of it amongst the People, or by the well-affected of them, and such as are not obnoxious for Delinquency; it may then take place, and effect according to the Tenor and Substance of it.

And Your Petitioners shall pray, &c.
By the Appointment of his Excellency, and the general Councel of Officers of the Army.

Whitehall

Jan. 15. 1649.

Jo: Rushvvorth Secr’.

Edition: current; Page: [6-025]

AN AGREEMENT OF THE PEOPLE OF ENGLAND, And the places therewith INCORPORATED, For a secure and present Peace, upon Grounds of Common Right, Freedom and Safety.

HAving by our late labors and hazards made it appear to the world at how high a rate we value our Just Freedom, And God having so far owned our cause as to deliver the Enemies thereof into our hands, We do now hold our selves bound in mutuall duty to each other to take the best care we can for the future, to avoyd both the danger of returning into a slavish condition, and the chargeable remedy of another War: For as it cannot be imagined, That so many of our Country men would have opposed us in this Quarrell, if they had understood their own good, so may we hopefully promise to our selves, That when our Common Right and Liberties shall be cleared, their endeavors will be Edition: current; Page: [6-026] disappointed, that seek to make themselves our Masters, since therefore our former oppressions, and not yet ended troubles, have been occasioned, either by want of frequent National Meetings in Councel, or by the undue or unequal Constitution thereof, or by rendering those meetings uneffectual. We are fully agreed and resolved (God willing) to provide, That hereafter our Representatives be neither left to an uncertainty for time, nor be unequally constituted, nor made useless to the ends for which they are intended.

In Order whereunto We Declare and Agree;

1. That to prevent the many inconveniencies, apparently arising from the long continuance of the same persons in supream Authority, this Present Parliament end and dissolve upon, or before the last day of April, in the year of our Lord. 1649.

2. That the People of England (being at this day very unequally distributed, by Counties, Cities and Burroughs, for the Election of their Representatives) be indifferently proportioned: And to this end, That the Representative of the whole Nation shall consist of four hundred persons, or not above; and in each County, and the places thereto subjoyned, there shall be chosen, to make up the said Representative at all times, the several numbers here mentioned; VIZ.

In the County of Kent, with the Burrough, Towns, and Parishes therein (except such as are hereunder particularly named) | ten. } | 10
The City of Canterbury, with the Suburbs adjoyning, and Liberties thereof, | two. } | 2
The City of Rochester, with the Parishes of Chatham and Strowd, | one. ] | 1
The Cinque Ports in Kent and Sussex, viz. Dover, Rumney, Hyde, Sandwich, Hastings, with the townes of Rye and Winchelsey, | three. } | 3
The County of Sussex, with the Burroughs, Towns and Parishes (therein except Chichester and the Cinque Ports) | eight. } | 8
The City of Chichester, with the Suburbs and Liberties thereof, | one. ] | 1
The County of Southampton, with the Burroughs, Towns and Parishes therein, except such as are hereunder named, | eight. } | 8
The City of Winchester, with the Suburbs and Liberties thereof, | one. ] | 1
The County of the town of Southampton, | one. ] | 1
The County of Dorset, with the Burroughs, Townes and Parishes therein (except Dorchester) | seven. } | 7
The Town of Dorchester, | one. ] | 1
The County of Devon, with the Burroughs, Towns and Parishes therein, except such as are hereunder particularly named, | twelve. } | 12
The City of Excester, | two. ] | 2
The Town of Plymouth, | two. ] | 2
The Town of Barnstaple, | one. ] | 1
The County of Cornwall, with the Burroughs, Towns, and Parishes therein, | eight. } | 8
The County of Somerset with the Burroughs, Townes and Parishes therein, except such as are hereunder named, | eight. } | 8
The City of Bristoll, | three. ] | 3
The Towne of Taunton-Deane, | one. ] | 1
The County of Wilts, with the Burroughs, Towns and Parishes therein (except Salisbury), | seven. } | 7
The City of Salisbury, | one. ] | 1
The County of Berks, with the Burroughs, Towns and Parishes therein, except Reading, | five. } | 5
The Town of Reading, | one. ] | 1
The County of Surrey, with the Burroughs, Towns, and Parishes therein, except Southwarke, | five. } | 5
The Burrough of Southwarke, | two. ] | 2
The County of Middlesex, with the Burroughs, Towns, and Parishes therein, except such as are hereunder named, | four. } | 4
The City of London, | eight. ] | 8
The City of VVestminster, and the Dutchy, | two. ] | 2
The County of Hartford, with the Burroughs, Towns, and Parishes therein, | six. } | 6
The County of Buckingham with the Burroughs, Towns and Parishes therein, | six. } | 6
The County of Oxon, with the Burroughs, Towns, and Parishes therein (except such as are here under-named) | four. } | 4
The City of Oxon, | two. ] | 2
The University of Oxon, | two. ] | 2
The County of Glocester, with the Burroughs, towns and Parishes therein (except Glocester) | seven. } | 7
The City of Glocester, | two. ] | 2
The County of Hereford, with the Burroughs, towns, and Parishes therin (except Hereford) | four. } | 4
The Citie of Hereford, | one. ] | 1
The County of Worcester, with the Burroughs, towns, and Parishes therein (except Worcester) | foure. } | 4
The City of Worcester, | two. ] | 2
The County of Warwicke, with the Burroughs, townes, and Parishes therein (except Coventrey) | five. } | 5
The City of Coventrey, | two. ] | 2
The County of Northampton, with the Burroughs, towns and Parishes therein (except Northampton) | five. } | 5
The Town of Northampton, | one. ] | 1
The County of Bedford, with the Burroughs, townes, and Parishes therein, | foure. } | 4
The County of Cambridge, with the Burroughs, towns, and Parishes therein (except such as are here under particularly named) | foure. } | 4
The University of Cambridge, | two. ] | 2
The Town of Cambridge, | two. ] | 2
The County of Essex, with the Burroughs, towns, and Parishes therein (except Colchester) | eleven. } | 11
The Town of Colchester, | two. ] | 2
The County of Suffolk, with the Burroughs, Towns, and Parishes therein (except such as are hereunder named) | ten. } | 10
The Town of Ipswich, | two. ] | 2
The Town of S. Edmonds Bury, | one. ] | 1
The County of Norfolk, with the Burroughs, Towns, and Parishes therein (except such as are hereunder named) | nine. } | 9
The City of Norwich, | three. ] | 3
The Town of Lynne, | one. ] | 1
The Town of Yarmouth, | one. ] | 1
The County of Lincoln, with the Burroughs, Towns, and Parishes therein (except the City of Lincoln, and the town of Boston) | eleven. } | 11
The City of Lincoln, | one. ] | 1
The Town of Boston, | one. ] | 1
The County of Rutland, with the Burroughs, Townes, and Parishes therein, | one. } | 1
The County of Huntington, with the Burroughs, Towns and Parishes therein, | three. } | 3
The County of Leicester, with the Burroughs, Townes and Parishes therein (except Leicester) | five. } | 5
The Town of Leicester, | one. ] | 1
The County of Nottingham, with the Burroughs, Towns and Parishes therein (except Nottingham) | foure. } | 4
The Town of Nottingham, | one. ] | 1
The County of Derby, with the Burroughs, Townes, and Parishes therein (except Derby) | five. } | 5
The Town of Derby, | one. ] | 1
The County of Stafford, with the City of Lichfield, the Burroughs, towne and Parishes therein, | six. } | 6
The County of Salop, with the Burroughs, towns, and Parishes therein (except Shrewsbury) | six. } | 6
The Town of Shrewsbury, | one. ] | 1
The County of Chester, with the Burroughs, townes, and Parishes therein (except Chester) | five. } | 5
The City of Chester, | two. ] | 2
The County of Lancaster, with the Burroughs, townes, and Parishes therein (except Manchester) | six. } | 6
The town of Manchester, and the Parish, | one. ] | 1
The County of Yorke, with the Burroughs, towns, and Parishes, therein, except such as are here under named, | fifteen. } | 15
The City and County of the City of Yorke, | three. ] | 3
The Town and County of Kingston upon Hull, | one. ] | 1
The town and Parish of Leeds, | one. ] | 1
The County Palatine of Duresme, with the Burroughs, towns, and Parishes therein, except Duresme and Gateside, | three. } | 3
The City of Duresme, | one. ] | 1
The County of Northumberland, with the Burroughs, towns and Parishes therein, except such as are here under named, | three. } | 3
The Town and County of Newcastle upon Tyne, with Gateside, | two. ] | 2
The Town of Berwicke, | one. ] | 1
The County of Cumberland, with the Burroughs, towns, and Parishes therein, | three. } | 3
The County of Westmerland, with the Burroughs, towns and Parishes therein, | two. } | 2
The Isle of Anglesey (with the Parishes therein) | two. ] | 2
The County of Brecknock, with the Burroughs, towns, and Parishes therein, | three. } | 3
The County of Cardigan, with the Burroughs and Parishes therein, | three. } | 3
The County of Caermarthen, with the Burroughs and Parishes therein, | three. } | 3
The County of Carnarvon, with the Burroughs and Parishes therein, | two. ] | 2
The County of Denbigh, with the Burroughs and Parishes therein | two. ] | 2
The County of Flint, with the Burroughs and Parishes therein, | one. ] | 1
The County of Monmouth, with the Burroughs and Parishes therein, | foure. } | 4
The County of Glamorgan, with the Burroughs and Parishes therein, | foure. } | 4
The County of Merioneth, with the Burroughs and Parishes therein, | two. } | 2
The County of Mountgomery, with the Burroughs and Parishes therein, | three. } | 3
The County of Radnor, with the Burroughs and Parishes therein, | two. ] | 2
The County of Pembroke, with the Burroughs, Towns and Parishes therein, | foure. } | 4

Provided, That the first or second Representative may (if they see cause) assigne the remainder of the foure hundred Representors, (not hereby assigned) or so many of them as they shall see cause for, unto such Counties as shall appear in this present distribution to have lesse then their due proportion. Provided also, That where any Citie or Burrough to which one Representor or more is assign’d shall be found in a due proportion, not competent alone to elect a Representor, or the number of Representors assign’d thereto, it is left to future Representatives to assigne such a number of Parishes or Villages neare adjoyning to such City, or Burrough, to be joyned therewith in the Elections, as may make the same proportionable.

3. That the people do of course choose themselves a Representative Edition: current; Page: [6-030] once in two yeares, and shall meet for that purpose upon the first Thursday in every second May by eleven of Clock in the morning, and the Representatives so chosen to meet upon the second Thursday in June following at the usuall place in Westminster, or such other place as by the foregoing Representative, or the Councell of State in the intervall, shall be from time to time appointed and published to the People, at the least twenty daies before the time of Election. And to continue their Session there or elsewhere untill the second Thursday in December following, unlesse they shall adjourne, or dissolve themselves sooner, but not to continue longer. The Election of the first Representative to be on the first Thursday in May, 1649. And that, and all future Elections to be according to the rules prescribed for the same purpose in this Agreement, viz.

1. That the Electors in every Division, shall be Natives, or Denizons of England, not persons receiving Almes, but such as are assessed ordinarily, towards the reliefe of the poore; not servants to, and receiving wages from any particular person. And in all Elections, (except for the Universities,) they shall be men of one and twenty yeares old, or upwards, and housekeepers, dwelling within the Devision for which the Election is provided, That untill the end of seven yeares next ensuing the time herein limited for the end of this present Parliament, no person shall be admitted to, or have any hand or voice in such Elections, who hath adhered unto, or assisted the King against the Parliament, in any the late Warres, or Insurrections, or who shall make, or joyne in, or abet any forcible opposition against this Agreement.

2. That such persons and such only, may be elected to be of the Representative, who by the rule aforesaid are to have voice in Elections in one place or other; provided, That of those, none shall be eligible for the first or second Representatives, who have not voluntarily assisted the Parliament against the King, either in person before the 14th. of June 1645. or else in Money, Plate, Horse, or Armes, lent upon the Propositions before the end of May 1643. or who have joyned in, or abetted the treasonable Engagement in London, in the year 1647. or who declared or engaged themselves for a Cessation of Armes with the Scots, that invaded this Nation, the last Summer, or for complyance with the Actors in any the insurrections, of the same Summer, or with the Prince of Wales, or his Edition: current; Page: [6-031] accomplices in the Revolted Fleete. And also provided, That such persons as by the rules in the preceding Article are not capable of electing untill the end of seven years, shall not be capable to be elected untill the end of foureteen years, next ensuing. And we do desire and recommend it to all men, that in all times the persons to be chosen for this great trust, may be men of courage, fearing God, and hating covetousnesse, and that our Representatives would make the best Provisions for that end.

3. That who ever, by the two rules in the next preceding Articles, are incapable of Election, or to be elected, shall assume to vote in, or be present at such Elections for the first or second Representative, or being elected shall presume to sit or vote in either of the said Representatives, shall incur the pain of confiscation of the moyety of his Estate, to the use of the publike, in case he have any Estate visible, to the value of fifty pounds. And if he have not such an Estate, then shall incur the pain of imprisonment, for three months; And if any person shall forcibly oppose, molest, or hinder the people, (capable of electing as aforesaid) in their quiet and free Election of Representors, for the first Representative, then each person so offending shall incur the penalty of confiscation of his whole Estate, both reall and personall; and (if he have not an Estate to the value of fifty pounds,) shall suffer imprisonment during one whole year without Bayle, or mainprize. Provided, That the Offender in each such case, be convicted within three Months next after the committing of his offence, And the first Representative is to make further provision for the avoyding of these evills in after Elections.

4. That to the end, all Officers of State may be certainly accomptable, and no factions made to maintain corrupt interests, no Member of a Councel of State, nor any Officer of any salary forces in Army, or Garison, nor any Treasurer or Receiver of publique monies, shall (while such) be elected to be of a Representative. And in case any such Election shall be, the same to be void. And in case any Lawyer shall be chosen of any Representative, or Councel of State, then he shall be uncapable of practice as a Lawyer, during that trust.

5. For the more convenient Election of Representatives, each County wherein more then three Representors are to be chosen, with the Townes Corporate and Cities, (if there be any) lying within the compasse thereof, to which no Representors are Edition: current; Page: [6-032] herein assigned, shall be divided by a due proportion into so many, and such parts, as each part may elect two, and no part above three Representors; For the setting forth of which Divisions, and the ascertaining of other circumstances hereafter exprest, so as to make the Elections lesse subject to confusion, or mistake, in order to the next Representative, Thomas Lord Grey of Grooby, Sir John Danvers, Sir Henry Holcraft, Knights; Moses Wall Gentleman, Samuel Moyer, John Langley, William Hawkins, Abraham Babington, Daniel Taylor, Mark Hilsley, Richard Price, and Col. John White, Citizens of London, or any five, or more of them are intrusted to nominate and appoint under their Hands and Seales, three or more fit persons in each County, and in each Citie, and Borough, to which one Representor or more is assigned to be as Commissioners for the ends aforesaid, in the respective Counties, Cities, and Burroughs, and by like writing under their Hands and Seales shall certifie into the Parliament Records, before the fourteenth day of February next, the names of the Commissioners so appointed for the respective Counties, Cities, and Burroughs, which Comissioners or any three, or more of them, for the respective Counties, Cities, and Burroughs, shall before the end of February next, by writing under their Hands and Seales, appoint two fit and faithfull persons, or more in each Hundred, Lath, or Wapentake, within the respective Counties, and in each Ward, within the City of London, to take care for the orderly taking of all voluntary subscriptions to this Agreement by fit persons to be imploy’d for that purpose in every Perish who are to returne the subscriptions so taken to the persons that imployed them, (keeping a transcript thereof to themselves,) and those persons keeping like Transcripts to return the Originall subscriptions to the respective Commissioners, by whom they were appointed, at, or before the fourteenth of Aprill next, to be registred and kept in the County Records, for the said Counties respectively, and the subscriptions in the City of London, to be kept in the chief Court of Record for the said City. And the Commissioners for the other Cities and Borroughs respectively, are to appoint two or more fit persons in every Parish within their Precincts to take such subscriptions, and (keeping transcripts thereof) to return the Originalls to the respective Commissioners by the said fourteenth of Aprill next, to be registred and kept in the chief Court within the respective Cities and Burroughs. And the same Commissioners, Edition: current; Page: [6-033] or any three, or more of them, for the severall Counties, Cities, and Boroughs, respectively, shall, where more then three Representors are to be chosen, divide such Counties (as also the City of London) into so many, and such parts as are aforementioned, and shall set forth the bounds of such divisions, and shall in every County, City, and Borough (where any Representors are to be chosen) and in every such division as aforesaid within the City of London, and within the severall Counties so divided, respectively, appoint one certaine place wherein the people shall meet for the choise of their Representors, and some one fit Person or more inhabiting within each Borough, City, County, or Division, respectively, to be present at the time and place of Election, in the nature of Sheriffes to regulate the Elections, and by Pole, or otherwise, clearly to distinguish and judge thereof, and to make returne of the Person or Persons Elected as is hereafter exprest, and shall likewise in writing under their hands and Seales, make Certificates of the severall Divisions (with the bounds thereof) by them set forth, and of the certaine places of meeting, and Persons, in the nature of Sheriffes appointed in them respectively as aforesaid,1 and cause such Certificates to be returned into the Parliament Records before the end of April next, and before that time shall also cause the same to be published in every Parish within the Counties, Cities, and Boroughs respectively, and shall in every such Parish likewise nominate and appoint (by Warrant under their hands and Seals) one Trusty person, or more, inhabiting therein, to make a true list of al the Persons within their respective Parishes, who according to the rules aforegoing are to have voyce in the Elections, and expressing, who amongst them are by the same rules capable of being Elected, and such List (with the said Warrant) to bring in, and returne at the time and place of Election, unto the Person appointed in the nature of Sheriffe, as aforesaid, for that Borough, City, County, or Division respectively; which Person so appointed as Sheriffe being present at the time and place of Election; or in case of his absence by the space of one houre after the time limited for the peoples meeting, then any Person present that is eligible, as aforesaid, whom the people then and Edition: current; Page: [6-034] there assembled shall chuse for that end, shall receive and keep the said Lists, and admit the Persons therein contained, or so many of them as are present unto a free Vote in the said Election, and having first caused this Agreement to be publiquely read in the audience of the people, shall proceed unto, and regulate and keep peace and order in the Elections, and by Pole, or otherwise, openly distinguish and judge of the same: And thereof by Certificate, or writing under the hands and Seales of himself, and six or more of the Electors (nominating the Person or Persons duly Elected) shall make a true returne into the Parliament Records, within one and twenty dayes after the Election (under paine for default thereof, or for making any false Returne to forfeit one hundred pounds to the Publique use.) And shall also cause Indentures to be made, and interchangeably sealed and delivered betwixt himselfe, and six or more of the said Electors on the one part, and the Persons, or each Person Elected severally on the other part, expressing their Election of him as a Representor of them, according to this Agreement, and his acceptance of that trust, and his promise accordingly to performe the same with faithfulnesse, to the best of his understanding and ability, for the glory of God, and good of the people.

This course is to hold for the first Representative, which is to provide for the ascertaining of these Circumstances in order to future Representatives.

4. That one hundred and fifty Members at least be alwaies present in each sitting of the Representative, at the passing of any Law, or doing of any Act, whereby the people are to be bound; saving, That the number of sixty may make an House for Debates, or Resolutions that are preparatory thereunto.

5. That each Representative shall within twenty dayes after their first meeting appoint a Councell of State for the managing of Publique Affaires, untill the tenth day after the meeting of the next Representative, unlesse that next Representative thinke fit to put an end to that trust sooner. And the same Councell to Act, and proceed therein, according to such Instructions and limitations as the Representative shall give, and not otherwise.

6. That in each intervall betwixt Bienniall Representatives, the Councell of State (in case of imminent danger, or extreame necessity) may summon a Representative to be forthwith chosen, and to meet; so as the Session thereof continue not above foure-score dayes, and so as it dissolve, at least, fifty dayes before the Edition: current; Page: [6-035] appointed time for the next Bienniall Representative, and upon the fiftyeth day so preceeding it shall dissolve of course, if not otherwise dissolved sooner.

7. That no Member of any Representative be made either Receiver, Treasurer, or other Officer, during that imployment, saving to be a Member of the Councell of State.

8. That the Representatives have, and shall be understood, to have, the Supreame trust in order to the preservation and Government of the whole, and that their power extend, without the consent or concurrence of any other Person or Persons, to the erecting and abolishing of Courts of Justice, and publique Offices, and to the enacting, altering, repealing, and declaring of Lawes, and the highest and finall Judgement, concerning all Naturall or Civill things, but not concerning things Spirituall or Evangelicall; Provided, that even in things Naturall and Civill these six particulars next following are, and shall be understood to be excepted, and reserved from our Representatives, viz.

1. We doe not impower them to imprest or constraine any Person to serve in Forraigne Warre either by Sea or Land, nor for any Millitary Service within the Kingdome, save that they may take order for the the forming, training and exercising of the people in a Military way to be in readinesse for resisting of Forrain Invasions, suppressing of suddain Insurrections, or for assisting in execution of Law; and may take order for the imploying and conducting of them for those ends; provided, That even in such cases none be compellable to goe out of the County he lives in, if he procure another to serve in his roome.

2. That after the time herein limited for the commencement of the first Representative, none of the people may be at any time questioned for any thing said or done in relation to the late Warres, or publique differences, otherwise then in execution or pursuance of the determinations of the present House of Commons against such as have adhered to the King, or his interest against the people: And saving that Accomptants for publique monies received, shall remaine accomptable for the same.

3. That no securities given, or to be given by the Publique Faith of the Nation, nor any engagements of the Publique Faith for satisfaction of debts and dammages, shal be made void or invalid by the next, or any future Representatives; except to such Creditors, as have, or shall have justly forfeited Edition: current; Page: [6-036] the same; and saving, That the next Representative may confirme or make null, in part, or in whole, all gifts of Lands, Monies, Offices, or otherwise, made by the present Parliament to any Member or Attendant of either House.

4. That in any Lawes hereafter to be made, no person, by vertue of any tenure, grant, Charter, patent, degree or birth, shall be priviledged from subjection thereto, or from being bound thereby, as well as others.

5. That the Representative may not give judgement upon any mans person or estate, where no Law hath before provided; save onely in calling to Account, and punishing publique Officers for abusing or failing their trust.

6. That no Representative may in any wise render up, or give, or take away any the Foundations of common Right, Liberty and Safety contained in this Agreement; nor levell mens Estates, destroy Propriety, or make all things common: And that in all matters of such fundamentall concernment, there shall be a liberty to particular Members of the said Representatives to enter their dissents from the major vote.

9. Concerning Religion, we agree as followeth:

1. It is intended, That Christian Religion be held forth and recommended, as the publike Profession in this Nation (which wee desire may by the grace of God be reformed to the greatest purity in Doctrine, Worship and Discipline, according to the Word of God.) The instructing of the People whereunto in a publike way (so it be not compulsive) as also the maintaining of able Teachers for that end, and for the confutation or discovery of Heresie, Errour, and whatsoever is contrary to sound Doctrine, is alowed to be provided for by our Representatives; the maintenance of which Teachers may be out of a publike Treasury, and wee desire not by tithes. Provided, That Popery or Prelacy be not held forth as the publike way or profession in this Nation.

2. That to the publique Profession so held forth none be compelled by penalties or otherwise, but onely may be endeavoured to be wonne by sound Doctrine, and the Example of a good Conversation.

3. That such as professe Faith in God by Jesus Christ (however differing in judgement from the Doctrine, Worship or Discipline publikely held forth, as aforesaid) shall not be restrained from, but shall be protected in the profession of their Faith and exercise of Religion according to their Consciences in any Edition: current; Page: [6-037] place (except such as shall be set apart for the publick Worship, where wee provide not for them, unlesse they have leave) so as they abuse not this liberty to the civil injury of others, or to actuall disturbance of the publique peace on their parts; neverthelesse it is not intended to bee hereby provided, That this liberty shall necessarily extend to Popery or Prelacy.

4. That all Lawes, Ordinances, Statutes, and clauses in any Law, Statute, or Ordinance to the contrary of the liberty provided for in the two particulars next preceding concerning Religion be and are hereby repealed and made void.

10. It is agreed, That whosoever shall by Force of Armes, resist the Orders of the next or any future Representative (except in case where such Representative shall evidently render up, or give, or take away the Foundations of common Right, Liberty and Safety contain’d in this Agreement) shall forthwith after his or their such Resistance lose the benefit and protection of the Laws, and shall be punishable with Death, as an Enemy and Traitour to the Nation.

The form of subscription for the Officers of the Army.

Of the things exprest in this Agreement, The certain ending of this Parliament (as in the first Article) The equall or proportionable distribution of the number of the Representators to be elected (as in the second.) The certainty of the peoples meeting to elect for Representatives Bienniall, and their freedome in Elections with the certainty of meeting, sitting and ending of Representatives so elected (which are provided for in the third Article) as also the Qualifications of Persons to elect or be elected (as in the first and second particulars under the third Article) Also the certainty of a number for passing a Law or preparatory debates (provided for in the fourth Article) The matter of the fifth Article, concerning the Councel of State, and the sixth concerning the calling, sitting and ending of Representatives extraordinary; Also the power of Representatives, to be, as in the eighth Article, and limitted, as in the six reserves next foling the same; Likewise the second and third particulars under the ninth Article concerning Religion, and the whole matter of the tenth Article; (All these) we doe account and declare to be Fundamentall to our common Right, Liberty, and Safety; And therefore doe both agree thereunto, and resolve Edition: current; Page: [6-038] to maintain the same, as God shall enable us. The rest of the matters in this Agreement, wee account to be usefull and good for the Publike, and the particular circumstances of Numbers, Times and Places expressed in the severall Articles, we account not Fundamentall, but we finde them necessary to be here determined for the making the Agreement certain and practicable, and do hold those most convenient that are here set down, and therefore do positively agree thereunto.

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A Declaration of the Generall Councell of Officers of the Army:

Concerning the Agreement by them framed in order to peace, and from them tendred to the People of England.

HAVING ever since the end of the first War longingly waited for some such settlement of the Peace and Government of this Nation, whereby the Common Rights, Liberties and safety thereof, might in future be more hopefully provided for, and therein something gained, which might be accounted to the present age and posterity (through the mercy of God) as a fruit of their labours, hazards and sufferings, that have engaged in the common cause, as some price of the bloud spilt, and ballance to the publique expence and damage sustained in the War, and as some due improvement of that successe, and blessing God hath pleased to give therein: And having not found any such Establishment assayed or endeavoured by those whose proper worke it was, but the many addresses and desires of ourselves, and others, in that behalfe, rejected, discountenanced and opposed, and onely a corrupt closure endeavoured with the King, on tearmes, serving onely to his interest, and theirs that promoted the same; And being thereupon (for the avoidance of the evil thereof, and to make way for some better settlement) necessitated to take extraordinary wayes of remedy (when the ordinary were denied;) Now to exhibit our utmost endeavors for such a settlement, whereupon we, and other Forces, (with which the Kingdome hath so long beene burthened above measure, and whose continuance shall not be necessary for the immediate safety and quiet thereof) may with comfort to our selves, and honesty towards the publique, disband, and returne to our homes and callings; and to the end mens jealousies and fears may be removed concerning any intentions in us to hold up our selves in power, to oppresse or domineer over the people by the sword; And that all men may fully understand those grounds of Peace and Government wherupon (they may rest assured) We shall for our parts acquiesce; We have spent much time to prepare, and have at last (through the blessing of Edition: current; Page: [6-040] God) finished a Draught of such a settlement, in the nature of an Agreement of the People for Peace amongst themselves; Which we have lately presented to the Honourable the Commons now assembled in Parliament, and doe herewith tender to the people of this Nation.

We shal not otherwise commend it, then to say, It contains the best and most hopefull Foundations for the Peace, & future wel Government of this Nation, that we can devise or think on, within the line of humane power, and such, wherin all the people interested in this Land (that have not particular interests of advantage & power over others, divided from that which is common and publique) are indifferently and equally provided for, save where any have justly forfeited their share in that common interest by opposing it, and so rendred themselves incapable thereof (at least) for some time: And we call the Consciences of all that reade or hear it, to witnesse, whether wee have therein provided or propounded any thing of advantage to our selves in any capacity above others, or ought, but what is as good for one as for another: And therefore as we doubt not but that (the Parliament being now freed from the obstructing and perverting Councels of such Members, by many of whom a corrupt compliance with the Kings Interest hath beene driven on, and all settlement otherwise hath hitherto beene hindred) Those remaining worthy Patriots to whom we have presented the Agreement, will for the maine allow thereof, and give their seale of Approbation thereby; So we desire and hope, That all good People of England whose heart God shall make sensible of their, and our common concernment therein, and of the usefulnesse and sutablenesse thereof to the publique ends it holds forth, will cordially embrace it, and by subscription declare their concurrence, and accord thereto, when it shall be tendred to them, as is directed therein; wherein, if it please God wee shall finde a good Reception of it with the people of the Nation, or the Well-affected therein, We shall rejoyce at the hoped good to the Common-wealth, which (through Gods mercy) may redound therefrom, and that God hath vouchsafed thereby to make us instrumentall for any good settlement to this poor distracted Country, as he hath formerly made us for the avoiding of evill. But if God shall (in his Righteous Judgement towards this Land) suffer the people to be so blinded as not to see their own common good and freedome, endeavoured to be provided for therein, or any to be so deluded (to their own and the publique prejudice) as to make opposition thereto, whereby the effect of it Edition: current; Page: [6-041] be hindred, we have, yet, by the preparation and tender of it discharged our Consciences to God, and duty to our native Country in our utmost endeavours for a settlement, (to the best of our understandings) unto a just publique interest; And hope we shall be acquitted before God and good men, from the blame of any further troubles, distractions, or miseries to the Kingdom, which may arise through the neglect or rejection thereof, or opposition thereto.

Now whereas there are many good things in particular matters which our own Reasons & observations or the Petitions of others have suggested, and which we hold requisite to be provided for in their proper time and way (as the setting of moderate Fines upon such of the Kings party, as shal not be excepted for life, with a certain day for their coming in and submitting, and an Act of pardon to such as shall come in and submit accordingly, or have already compounded, The setling of a Revenue for all necessary publique uses, in such a way as the people may be most eased, The assigning and ascertayning of securities for Souldiers Arrears; and for publique Debts and Damages. The taking away of Tithes, and putting that maintenance which shall be thought competent for able Teachers to instruct the people, into some other way, lesse subject to scruple or contention, the clearing and perfecting of Accompts for all publique Monies, the relieving of prisoners for Debt; the removing or reforming of other evills or inconveniencies in the present Lawes, and Administrations thereof, the redresse of abuses, and supplying of Defects therein, the putting of all the Lawes and proceedings thereof into the English tongue, the reducing of the course of Law to more brevity and lesse charge, the setling of Courts of Justice and Record in each County or lesse Divisions of the Kingdome, and the erecting of Courts of Merchants for controversies in trading, and the like.) These and many other things of like sort being of a particular nature, and requiring very particular and mature consideration, with larger experience in the particular matters then we have, and much Caution, that by taking away of present Evills greater inconveniences may not ensue for want of other provisions in the room thereof, where it is necessary; and we (for our parts) being far from any Desire or thought to assume or exercise a Law-giving, or Judiciall power over the Kingdome, or to meddle in any thing save the fundamentall setling of that power in the most equall and hopefull way for Common Right, Freedom, and Safety (as in this Agreement) and having not meanes nor time for, nor the necessitie Edition: current; Page: [6-042] of some present generall settlement admitting the delay of, such a consideration, as seems requisite in relation to such numerous particulars, we have purposely declined the inserting of such things into this Agreement. But (as we have formerly expressed our desires that way, so) when the matters of publique Justice, and generall settlement are over, we shall not be wanting (if needfull) humbly to recommend such particulars to the Parliament, by whom they may more properly, safely, and satisfactorily be provided for, and we doubt not but they will be so, such of them, at least, as are of more neare and present concernment, by this Parliament, and the rest by future Representatives in due time.

And thus we recommend for present the businesse of this Agreement without further addition to the best consideration of all indifferent and equall minded men, and commit the issue thereof (as of all our wayes and concernments) to the good pleasure of the Lord, whose will is better to us then our own, or any inventions of ours, who hath decreed and promised better things then we can wish or imagine, and who is most faithfull to accomplish them in the best way and season.

By the appointment of the Generall Councell of Officers.

Iohn Rushworth Secretary.

FINIS.

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John Lilburne

Lilburne, John

26 February 1649

[3]

6.3. John Lilburne, Englands New Chains Discovered (n.p., 26 February 1649).

Source

John Lilburne, Englands New Chains Discovered; Or The serious apprehensions of a part of the People, in behalf of the Commonwealth; (being Presenters, Promoters, and Approvers of the Large Petition of September 11. 1648.) Presented to the Supreme Authority of England, the Representatives of the people in Parliament assembled. By Lieut. Col. John Lilburn, and divers other Citizens of London, and Borough of Southwark; February 26. 1648. whereunto his speech delivered at the Bar is annexed. (n.p., 26 February 1649)

Edition: current; Page: [6-044]

Since you have done the Nation so much right, and your selves so much honour as to declare that the People (under God) are the original of all just Powers; and given us thereby fair grounds to hope, that you really intend their Freedom and Prosperity; yet the way thereunto being frequently mistaken, and through hast or error of judgement, those who mean the best, are many times mis-led so far to the prejudice of those that trust them, as to leave them in a condition neerest to bondage, when they have thought they had brought them into a way of Freedom. And since woful experience hath manifested this to be a Truth, there seemeth no small reason that you should seriously lay to heart what at present we have to offer, for discovery and prevention of so great a danger. And because we have bin the first movers in and concerning an Agreement of the People, as the most proper and just means for the setting the long and tedious distractions of this Nation, occasioned by nothing more, than the uncertainty of our government; and since there hath bin an Agreement prepared and presented by some Officers of the Army to this honourable House, as what they thought requisite to be agreed unto by the People (you approving thereof) we shall in the first place deliver our apprehensions thereupon.

That an Agreement between those that trust, and those who are trusted hath appeared a thing acceptable to this honorable House, his Excellency, and the Officers of the Army, is as much to our rejoycing, as we conceive it just in it self, and profitable for the Edition: current; Page: [6-045] Common-wealth, and cannot doubt but that you will protect those of the people, who have no waies forfeited their Birth-right, in their proper liberty of taking this, or any other, as God and their own Considerations shall direct them.

Which we the rather mention, for that many particulars in the Agreement before you, are upon serious examination thereof, dissatisfactory to most of those who are very earnestly desirous of an Agreement, and many very material things seem to be wanting therein, which may be supplyed in another: As

1. They are now much troubled there should be any Intervalls between the ending of this Representative, and the begining of the next as being desirous that this present Parliament that hath lately done so great things in so short a time, tending to their Liberties, should sit; until with certainty and safety they can see them delivered into the hands of another Representative, rather than to leave them (though never so small a time) under the dominion of a Councel of State; a Constitution of a new and unexperienced Nature, and which they fear, as the case now stands, may design to perpetuate their power, and to keep off Parliaments for ever.

2. They now conceive no less danger, in that it is provided that Parliaments for the future are to continue but 6. moneths, and a Councel of State 18. In which time, if they should prove corrupt, having command of all Forces by Sea and Land, they will have great opportunities to make themselves absolute and unaccountable: And because this is a danger, than which there cannot well be a greater; they generally incline to Annual Parliaments, bounded and limited as reason shall devise, not dissolvable, but to be continued or adjourned as shall seem good in their discretion, during that yeer, but no longer; and then to dissolve of course, and give way to those who shall be chosen immediatly to succeed them, and in the Intervals of their adjournments, to entrust an ordinary Committee of their own members, as in other cases limited and bounded with express instructions, and accountable to the next Session, which will avoid all those dangers feared from a Councel of State, as at present this is constituted.

3. They are not satisfied with the clause, wherein it is said, that the power of the Representatives shall extend to the erecting and abolishing of Courts of justice; since the alteration of the usual way of Tryals by twelve sworn men of the Neighborhood, may be included therein: a constitution so equal and just in it self, as that Edition: current; Page: [6-046] they conceive it ought to remain unalterable. Neither is it cleer what is meant by these words, (viz.) That the Representatives have the highest final judgement. They conceiving that their Authority in these cases, is onely to make Laws, Rules, and Directions for other Courts and Persons assigned by Law for the execution thereof; unto which every member of the Commonwealth, as well those of the Representative, as others, should be alike subject; it being likewise unreasonable in it self, and an occasion of much partiality, injustice, and vexation to the people, that the Lawmakers, should be Law-executors.

4. Although it doth provide that in the Laws hereafter to be made, no person by vertue of any Tenure, Grant, Charter, Patent, Degree, or Birth, shall be priviledged from subjection thereunto, or from being bound thereby, as well as others; Yet doth it not null and make void those present Protections by Law, or otherwise; nor leave all persons, as well Lords as others, alike liable in person and estate, as in reason and conscience they ought to be.

5. They are very much unsatisfied with what is exprest as a reserve from the Representative, in matters of Religion, as being very obscure, and full of perplexity, that ought to be most plain and clear; there having occurred no greater trouble to the Nation about any thing than by the intermedling of Parliaments in matters of Religion.

6. They seem to conceive it absolutely necessary, that there be in their Agreement, a reserve from ever having any Kingly Government, and a bar against restoring the House of Lords, both which are wanting in the Agreement which is before you.

7. They seem to be resolved to take away all known and burdensome grievances, as Tythes, that great oppression of the Countries industry and hindrance of Tillage: Excise, and Customs, Those secret thieves, and Robbers, Drainers of the poor and middle sort of People, and the greatest Obstructers of Trade, surmounting all the prejudices of Ship-mony, Pattents, and Projects, before this Parliament: also to take away all Monopolizing Companies of Marchants, the hinderers and decayers of Clothing and Cloth-working, Dying, and the like useful professions; by which thousands of poor people might be set at work, that are now ready to starve, were Marchandizing restored to its due and proper freedom: they conceive likewise that the three grievances before mentioned, (viz.) Monopolizing Companies, Excise, and Customes, do exceedingly prejudice Shiping, and Navigation, and Edition: current; Page: [6-047] Consequently discourage Sea-men, and Marriners, and which have had no smal influence upon the late unhappy revolts which have so much endangered the Nation, and so much advantaged your enemies. They also incline to direct a more equal and lesse burdensome way for levying monies for the future, those other fore-mentioned being so chargable in the receipt, as that the very stipends and allowance to the Officers attending thereupon would defray a very great part of the charge of the Army; whereas now they engender and support a corrupt interest. They also have in mind to take away all imprisonment of disabled men, for debt; and to provide some effectual course to enforce all that are able to a speedy payment, and not suffer them to be sheltered in Prisons, where they live in plenty, whilst their Creditors are undone. They have also in mind to provide work, and comfortable maintainance for all sorts of poor, aged, and impotent people, and to establish some more speedy, lesse troublesome and chargeable way for deciding of Controversies in Law, whole families having been ruined by seeking right in the wayes yet in being: All which, though of greatest and most immediate concernment to the People, are yet omitted in their Agreement before you.

These and the like are their intentions in what they purpose for an Agreement of the People, as being resolved (so far as they are able) to lay an impossibility upon all whom they shall hereafter trust, of ever wronging the Common wealth in any considerable measure, without certainty of ruining themselves, and as conceiving it to be an improper tedious, and unprofitable thing for the People, to be ever runing after their Representatives with Petitions for redresse of such Grievances as may at once be removed by themselves, or to depend for these things so essential to their happinesse and freedom, upon the uncertain judgements of several Representatives, the one being apt to renew what the other hath taken away.

And as to the use of their Rights and Liberties herein as becometh, and is due to the people, from whom all just powers are derived; they hoped for and expect what protection is in you and the Army to afford: and we likewise in their and our own behalfs do earnestly desire, that you will publikely declare your resolution to protect those who have not forfeited their liberties in the use thereof, lest they should conceive that the Agreement before you being published abroad, and the Commissioners therein nominated being at work in persuance thereof, is intended to be imposed upon Edition: current; Page: [6-048] them, which as it is absolutely contrary to the nature of a free Agreement, so we are perswaded it cannot enter into your thoughts to use any impulsion therein.

But although we have presented our apprehensions and desires concerning this great work of an Agreement, and are apt to perswade our selves that nothing shall be able to frustrate our hopes which we have built thereupon; yet have we seen and heard many things of late, which occasions not only apprehensions of other matters intended to be brought upon us of danger to such an Agreement, but of bondage and ruine to all such as shall pursue it.

Insomuch that we are even agast and astonished to see that notwithstanding the productions of the highest notions of freedom that ever this Nation, or any people in the world, have brought to light, notwithstanding the vast expence of blood and treasure that hath been made to purchase those freedoms, notwithstanding the many eminent and even miraculous Victories God hath been pleased to honour our just Cause withall, notwithstanding the extraordinary gripes and pangs, this House hath suffered more than once at the hands of your own servants, and that at least seemingly for the obtaining these our Native Liberties.

When we consider what rackings and tortures the People in general have suffered through decay of Trade, and deernesse of food, and very many families in particular, through Free-quarter, Violence, and other miseries, incident to warre, having nothing to support them therein, but hopes of Freedom, and a well-setled Common-wealth in the end.

That yet after all these things have bin done and suffered, and whilst the way of an Agreement of the People is owned, and approved, even by your selves, and that all men are in expectation of being put into possession of so deer a purchase; Behold! in the close of all, we hear and see what gives us fresh and pregnant cause to believe that the contrary is really intended, and that all those specious pretenses, and high Notions of Liberty, with those extraordinary courses that have of late bin taken (as if of necessity for liberty, and which indeed can never be justified, but deserve the greatest punishments, unless they end in just liberty, and an equal Government) appear to us to have bin done and directed by some secret powerful influences, the more securely and unsuspectedly to attain to an absolute domination over the Common-wealth: It being impossible for them, but by assuming our generally approved Edition: current; Page: [6-049] Principles, and hiding under the fair shew thereof their other designs, to have drawn in so many good and godly men (really aiming at what the other had but in shew and pretense) and making them unwittingly instrumental to their own and their Countries Bondage.

For where is that good, or where is that liberty so much pretended, so deerly purchased? If we look upon what this House hath done since it hath voted it self the Supreme Authority, and disburthened themselves of the power of the Lords. First, we find a high Court of Justice erected, for Tryal of Criminal causes; whereby that great and strong hold of our preservation, the way of tryal by 12. sworn men of the Neighborhood is infringed, all liberty of exception against the tryers, is over-ruled by a Court consisting of persons pickt and chosen in an unusual way; the practise whereof we cannot allow of, though against open and notorious enemies; as well because we know it to be an usual policy to introduce by such means all usurpations, first against Adversaries, in hope of easier admission; as also, for that the same being so admited, may at pleasure be exercised against any person or persons whatsoever. This is the first part of our new liberty. The next is the censuring of a Member of this House, for declaring his judgement in a point of Religion, which is directly opposite to the Reserve in the Agreement concerning Religion. Besides the Act for pressing of Sea-men, directly contrary to the Agreement of the Officers. Then the stoping of our mouths from Printing, is carefully provided for, and the most severe and unreasonable Ordinances of Parliament that were made in the time of Hollis and Stapletons reign, to gag us from speaking truth, and discovering the tyrannies of bad men are refered to the care of the General, and by him to his Marshal, to be put in execution; in searching, fining, imprisoning, and other waies corporally punishing all that any waies be guilty of unlicensed Printing; They dealing with us as the Bishops of old did with the honest Puritan, who were exact in geting Laws made against the Papist, but really intended them against the Puritan, and made them feel the smart of them: Which also hath bin, and is dayly exercised most violently, whereby our Liberties have bin more deeply wounded, than since the begining of this Parliament; and that to the dislike of the Souldiery, as by their late Petition in that behalf plainly appeareth. Then whereas it was expected that the Chancery, and Courts of justice in Westminster, and the Judges and Officers thereof should have bin surveyed, and Edition: current; Page: [6-050] for the present regulated, till a better and more equal way of deciding controversies could have bin constituted) that the trouble and charge of the people in their suits should have bin abated: Insteed hereof, the old and advanced fees are continued, and new thousand pounds Annual stipends alotted; when in the corruptest times the ordinary fees were thought a great and a sore burden; in the mean time, and in lieu thereof, there is not one perplexity or absurdity in proceedings taken away. Those Petitioners that have moved in behalf of the people, how have they bin entertained? Somtimes with the complement of empty thanks, their desires in the mean time not at all considered; at other times meeting with Reproches and Threats for their constancy and publike affections, and with violent motions, that their Petitions be burnt by the common Hangman, whilst others are not taken in at all; to so small an account are the people brought, even while they are flattered with notions of being the Original of all just power. And lastly, for compleating this new kind of liberty, a Councel of State is hastily erected for Guardians thereof, who to that end are possessed with power to order and dispose all the forces appertaining to England by Sea or Land, to dispose of the publike Treasure, to command any person whatsoever before them, to give oath for the discovering of Truth, to imprison any that shall dis-obey their commands, and such as they shall judge contumatious. What now is become of that liberty that no mans person shall be attached or imprisoned, or otherwise dis-eased of his Free-hold, or free Customs, but by lawful judgement of his equals? We entreat you give us leave to lay these things open to your view) and judge impartially of our present condition, and of your own also, that by strong and powerfull influences of some persons, are put upon these and the like proceedings, which both you and we ere long (if we look not to it) shall be inforced to subject our selves unto; then we have further cause to complain, when we consider the persons: as first, the chief of the Army directly contrary to what themselves thought meet in their Agreement for the People. 2. Judges of the Law and Treasurers for monies. Then 5. that were Members of the Lords House, and most of them such as have refused to approve of your Votes and proceedings, concerning the King and Lords. 2. of them Judges in the Star-chamber, and approvers of the bloudy and tyrannical sentences issuing from thence.

Some of your own House, forward men in the Treaty, and decliners of your last proceedings; all which do cleerly manifest to Edition: current; Page: [6-051] our understandings that the secret contrivers of those things doe think themselves now so surely guarded by the strength of an Army, by their dayly Acts and Stratagems, to their ends inclined, and the captivation of this House, that they may now take off the Vail and Cloak of their designes as dreadlesse of what ever can be done against them. By this Councel of State, all power is got into their own hands, a project which hath been long and industriously laboured for; and which being once firmly and to their liking established their next motions may be upon pretense of ease to the People, for the dissolution of this Parliament, half of whose time is already swallowed up by the said Councel now, because no obstacle lies in their way, to the full establishment of these their ends, but the uncorrupted part of the Souldiery, that have their eyes fixed upon their engagements and promises of good to the People, and resolve by no threats or allurements to decline the same; together with that part of the people in Citie and Countries, that remain constant in their motions for Common goods and still persist to run their utmost hazards for procurement of the same, by whom all evil mens designes both have, and are still likely to find a check and discovery. Hereupon the grand contrivers fore-mentioned, whom we can particular by name, do begin to raise their spleen, and manifest a more violent enmitie against Souldiers and People, disposed as afore-said, than ever heretofore, as appeareth by what lately past, at a meeting of Officers, on Feb. 22. last, at White-Hall, where after expressions of much bitternesse against the most Conscientious part of the Souldiery, and others, it was insisted upon, (as we are from very credible hands certainly informed) that a motion should be made to this House for the procurement of a Law enabling them to put to death all such as they should judge by Petitions or otherwise to disturbe the present proceedings; and upon urging that the Civil Magistrate should do it, It was answered, that they could hang twenty ere the Magistrate one. It was likewise urged that Orders might be given to seize upon the Petitioners, Souldiers, or others, at their meetings, with much exclamation against some of greatest integritie to your just Authority, whereof they have given continual and undenyable assurances. A Proclamation was likewise appointed, forbidding the Souldiers to Petition you, or any but their Officers, prohibiting their correspondencies: And private Orders to be given out for seizing upon Citizens and Souldiers at their meetings. And thus after these fair blossoms of hopefull liberty, breaks forth this bitter fruit, of the vilest and basest bondage that Edition: current; Page: [6-052] ever English men groan’d under: whereby this notwithstanding is gained (viz.) an evident and (we hope) a timely discovery of the instruments, from whence all the evils, contrivances, and designes (which for above these eighteen moneths have been strongly suspected) took their rise and original, even ever since the first breach of their Promises and engagements made at New Market, Triploe Heath, with the Agitators and People. It being for these ends that they have so violently opposed all such as manifested any zeal for Common Right, or any regard to the Faith of the Army, sentencing some to death, others to reproachfull punishments, placing and displacing Officers according as they shewed themselves serviceable or opposite to their designes, listing as many as they thought good, even of such as have served in Arms against you: And then again upon pretence of easing the charge of the People, disbanding Supernumeraries, by advantage thereof picking out, such as were most cordial and active for Common good; thereby moulding the Army (as far as they could) to their own bent and ends premised; exercising Martial Law with much cruelty, thereby to debase their spirits, and make them subservient to their wils and pleasures extending likewise their power (in many cases) over persons not Members of the Army.

And when in case of opposition and difficult services, they have by their creatures desired a Reconciliation with such as at other times they reproached, vilified, and otherwise abased; and through fair promises of good, and dissembled repentance gained their association and assistance, to the great advantage of their proceedings: yet their necessities being over, and the Common enemy subdued, they have sleighted their former promises, and renewed their hate and bitternesse against such their assistances, reproaching them with such appellations as they knew did most distaste the People, such as Levellers, Jesuites, Anarchists, Royalists, names both contradictory in themselves, and altogether groundlesse in relation to the men so reputed; meerly relying for releese thereof upon the easinesse and credulity of the People.

And though the better to insinuate themselves, and get repute with the People, as also to conquer their necessities, they have bin fane to make use of those very principles and productions, the men they have so much traduced, have brought to light: yet the producers themselves they have and doe still more eagerly maligne than ever, as such whom they know to bee acquainted to their deceipts, and deviations and best able to discover the same.

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So that now at length, guessing all to be sure, and their own (the King being removed, the House of Lords nulled, their long plotted Councel of State erected, and this House awed to their ends,) the edge of their mallice is turning against such as have yet so much courage left them as to appear for the well establishment of Englands Liberties: and because God hath preserved a great part of the Army untainted with the guilt of the designes aforementioned, who cannot without much danger to the designers themselves be suppressed, they have resolved to put this House upon raising more new forces, (notwithstanding the present necessities of the People, in maintaining those that are already) in doing whereof, though the pretence be danger, and opposition, yet the concealed end is like to be the over-ballancing those in the Army, who are resolved to stand for true Freedome, as the end of all their labours, the which (if they should be permitted to do) they would not then doubt of making themselves absolute seizures, Lords and Masters, both of Parliament and People; which when they have done we expect the utmost of misery, nor shall it grieve us to expire with the liberties of our native Country: for what good man can with any comfort to himself survive then? But God hath hitherto preserved us, and the justice of our desires, as integrity of our intentions are dayly more and more manifest to the impartial and unprejudiced part of men; insomuch that it is no smal comfort to us, that notwithstanding we are upon all these disadvantages that may be, having neither power nor preheminence, the Common Idols of the world; our Cause and principles, do through their own natural truth and lustre get ground in mens understandings, so that where there was one, twelve moneths since, that owned our principles, we beleeve there are now hundreds, so that though we fail, our Truths prosper.

And posterity we doubt not shall reap the benefit of our endeavours, what ever shall become of us. However though we have neither strength nor safety before us, we have discharged our Consciences, and emptied our breasts unto you, knowing well that if you will make use of your power, and take unto you that courage which becomes men of your Trust and condition, you may yet through the goodnesse of God prevent the danger and mischief intended, and be instrumental in restoring this long enthralled and betrayed Nation into a good and happy condition.

For which end we most earnestly desire and propose, as the main prop and support of the work, that you will not dissolve this Edition: current; Page: [6-054] House, nor suffer your selves to be dissolved, until as aforesaid, you see a new Representative the next day ready to take your room; which you may confidently and safely insist upon, there being no considerable number in the Army or else-where, that will be so unworthy as to dare to disturb you therein.

2. That you will put in practise the self-denying Ordinance, the most just and useful that ever was made, and continually cryed out for by the people; whereby a great infamy that lies upon your cause will be removed, and men of powerful influences, and dangerous designes, deprived of those means and opportunities which now they have, to prejudice the publike.

3. That you will consider how dangerous it is for one and the same persons to be continued long in the highest commands of a Military power, especially acting so long distinct, and of themselves, as those now in being have done, and in such extraordinary waies whereunto they have accustomed themselves, which was the original of most Regalities and Tyrannies in the world.

4. That you appoint a Committee of such of your own members, as have bin longest establisht upon those rules of Freedom upon which you now proceed; to hear, examine, and conclude all controversies between Officers and Officers, and between Officers and Souldiers; to consider and mitigate the Law-Martial; and to provide that it be not exercised at all upon persons not of the Army: Also to release and repair such as have thereby unduly suffered, as they shall see cause: To consider the condition of the private Souldiers, both Horse and Foot in these deer times, and to allow them such increase of pay, as wherewithal they may live comfortably, and honestly discharge their Quarters: That all disbanding be refered to the said Committee, and that such of the Army as have served the King, may be first disbanded.

5. That you will open the Press, whereby all trecherous and tyranical designes may be the easier discovered, and so prevented, which is a liberty of greatest concernment to the Commonwealth and which such only as intend a tyrannie are engaged to prohibit: The mouths of Adversaries being best stopped, by the sensible good which the people receive from the actions of such as are in Authority.

6. That you wil (whilst you have opportunity) abate the charge of the Law, and reduce the stipends of judges, and all other Magistrates and Officers in the Common-wealth, to a less, but Edition: current; Page: [6-055] competent allowance, converting the over-plus to the publike Treasury, whereby the taxes of the people may be much eased.

7. But above all, that you will dissolve this present Councel of State, which upon the grounds fore-mentioned so much threatneth Tyrannie; and mannage your affairs by Committees of short continuance, and such as may be frequently and exactly accountable for the discharge of their Trusts.

8. That you will publish a strict prohibition, and severe penalty against all such, whether Committees, Magistrates, or Officers of what kind soever, as shall exceed the limits of their Commission, Rules, or Directions, and encourage all men in their informations and complaints against them.

9. That you will speedily satisfie the expectations of the Souldiers in point of Arrears, and of the people in point of Accounts, in such a manner, as that it may not as formerly, prove a snare to such as have bin most faithful, and a protection to the most corrupt, in the discharge of their trust and duties.

10. That the so many times complained of Ordinance for Tyths upon treble damages, may be forthwith taken away; all which, together with due regard shewed to Petitioners, without respect to their number and strength, would so fasten you in the affections of the people, and of the honest Officers and Souldiers, as that you should not need to fear any opposite power whatsoever: and for the time to come, of your selves enjoy the exercise of your Supreme Authority, whereof you have yet but the name onely; and be inabled to vindicate your just undertakings; wherein we should not onely rejoyce to have occasion to manifest how ready we should be to hazard our lives in your behalf, but should also bend all our studies and endeavours to render you Honorable to all future generations.

Febr. 26. 1648. Being ushered in by the Sergeant at Arms, and called to the Bar, with all due respects given unto the House, Lieutenant Colonel John Lilburn, with divers others, coming to the Bar next the Mace, with the Address in his hand, spake these words, or to this effect, as followeth.

M. Speaker,

I am very glad that without any inconvenience unto my self, and those that are with me, I may freely and cheerfully address my self to this honorable House, as the Supreme Authority of England Edition: current; Page: [6-056] (time was when I could not) and it much refresheth my spirit, to live to see this day, that you have made such a step to the Peoples Liberties, as to own and declare your selves to be (as indeed you are) the Supreme Authority of this Nation.

M. Speaker, I am desired by a company of honest men, living in and about London, who in truth do rightly appropriate to themselves, the Promoters, Presenters, and Approvers of the late Large London Petition of the 11. of Sept. last, (which was the first Petition I know of in England, that was presented to this honorable House against the late destructive Personal Treaty with the late King) to present you with their serious apprehensions; And give me leave (I beseech you) for my self and them, to say thus much; That for the most part of us we are those that in the worst of times durst own our Liberties and Freedoms, in the face of the greatest of our adversaries; and from the begining of these Wars, never shrunk from the owning of our Freedoms, in the most tempestuous times, nor changed our Principles: Nay Sir, let me with truth tell you, that to the most of us, our Wives, our Children, our Estates, our Relations, nay our Lives, and all that upon earth we can call Ours, have not bin so highly valued by us, as our Liberties and Freedoms; which our constant Actions (to the apparent hazard of our Bloud and Lives) have bin a cleer and full demonstration of, for these many yeers together.

And M. Speaker, give me leave to tell you, that I am confident our Liberties and Freedoms (the true and just end of all the late Wars) are so deer and precious to us, that we had rather our Lives should breath out with them, than to live One moment after the expiration of them.

M. Speaker, I must confess I am to present you with a paper, something of a new kind, for we have had no longer time to consider of it, than from Thursday last, and Warrants (as we are informed) issuing out against us to take us, from those that have no power over us; we durst not well go our ordinary way to work, to get Subscriptions to it, lest we should be surprised before we could present it to this honorable House, and so be frustrated in that benefit or relief that we justly expect from you; and to present it with a few hands, we judged inconsiderable in your estimation, and therefore chuse in the third place (being in so much hast as we were to prevent our eminent and too apparent ruine) in person to bring it to your Bar, and avowedly to present it here: And therefore without any further question, give me leave to tell you, I own it, Edition: current; Page: [6-057] and I know so doth all the rest of my Friends present; and if any hazard should ensue thereby, Give me leave resolvedly to tell you, I am sorry I have but one life to lose, in maintaining the Truth, justice, and Righteousness, of so gallant a piece.

M. Speaker, We own this honorable House (as of right) the true Guardian of our Liberties and Freedoms; and we wish and most heartily desire, you would rouse up your spirits (like men of gallantry) and now at last take unto your selves a magnanimous resolution, to acquit your selves (without fear or dread) like the chosen and betrusted Trustees of the People, from whom (as your selves acknowledge and declare) all just power is derived, to free us from all bondage and slavery, and really and truly invest us into the price of all our bloud, hazards, and toyls; Our Liberties and Freedoms, the true difference and distinction of men from beasts.

M. Speaker, Though my spirit is full in the sad apprehension of the dying condition of our Liberties and Freedoms: Yet at present I shall say no more, but in the behalf of my self and my friends, I shall earnestly entreat you to read these our serious Apprehensions seriously, and debate them deliberately.

Friends,

This we have adventured to publish for the timely information and benefit of all that adhere unto the common interest of the people, hoping that with such, upon due consideration, it will find as large an acceptance, as our late Petition of Sept. 11. 1648. And we thought good (in regard we were not called in to receive an answer to the same) to acquaint you, that we intend to second it with a Petition sufficiently subscribed, we doubt not with many thousands, earnestly to solicite for an effectual Answer.

FINIS

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William Walwyn

Walwyn, William

12 March 1649

[4]

6.4. [William Walwyn], The Vanitie of the present Churches (London: J. Clows, 12 March 1649).

Source

[William Walwyn], The Vanitie of the present Churches, and Uncertainty of their Preaching, discovered. Wherein The pretended immediate teaching of the Spirit, is denyed, and the all-sufficiency of the Scriptures teaching, is maintained. With, A new and true Method of reading thereof, for the peace of mind, and the rule of life. London, Printed by J. Clows, and are to be sold in Cornhill and Popes-Head-Alley, 1649. (London: J. Clows, 12 March 1649).

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To the Reader

Although I dissent from some things in this Treatise, and other things seeme dark and doubtfull to me, yet there are many plain, clear, and evident Truths, of great use to all Christians. Therefore that the Truth may be manifest to all. And that all Believers and Churches of the Saints may be of one mind and may edifie the whole body in love. And in all their Doctrines, and Conversations, hold forth the truth as it is contained in the written word, the perfect rule of the spirit to guide us into all Truth, and to make us wise unto Salvation through that (one necessary thing) Faith, which is in Christ Jesus: which is by the Gospel, (the power of God to salvation) preached unto us. And that errour may be discovered, reproved, and corrected, and if possible, that the guilty may be convinced, and reformed.

Therefore I say to this Epistle, and the ensuing Treatise.

February 23. 1648-49.

Imprimatur THEODORE JENNINGS.

THE VANITIE of the present CHURCHES, and Uncertainty of their Preaching, discovered.

WHEREIN The pretended immediate teaching of the Spirit, is denyed, and the all-sufficiency of the Scriptures teaching, is maintained.

WITH, A new and true Method of reading thereof, for the peace of the mind, and rule of life.

Gal. 6. 15, 16. For in Christ Jesus neither Circumcision availeth any thing, nor uncircumcision, but a new Creature. And as many as walk according to this rule, peace be on them, be.

London, Printed by J. Clows, and are to be sold in Cornhill, and Popes-Head-Alley, 1649.

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The vanity of the present Churches, and uncertainty of their Preaching discovered, &c.

As there is nothing more commendable amongst men, then a true correspondency between the heart, the tongue, & the hand: so no thing is more lovely amongst Christians, then that the Conscience, the profession and the practice so universally agree; & though something be allowable unto frailty, yet when the defect or discord is continued, and that to the reproach of Christianity in generall, and to the prejudice of humane society; then certainly a reproofe is not only requisite, but the neglect thereof, a sinne of an high nature.

And so those, whom this discourse now deemeth worthy of reproofe did seeme to judge, when they condemned the persecuting practices, of the new raysed Presbyters, whose positions and professions whilst they were persecuted by the Bishops, did clearly hold forth a full and compleat liberty of Conscience, in the exercise of Religion, and justly and truly did the Independents reprove them, as their many bookes, of that Subject, do sufficiently testifie: their reproofes were sharp, and their replyes driven home; whereby they put the question of the utmost liberty of Conscience, out of all question, accompting nothing more base, or mis-beseeming a Christian, then to question, or vex, or reproach any man for his judgment or practice, touching matters of Religion, and inciting all men to peace, unity, love, and true friendship, though of never so many severall opinions, or different wayes in Religion.

By which their ingenuity, they, (as the Puritan Presbyter had done before them) gained abundance of love and respect from all men: their Congregations multiplied, and in conclusion, obtained much countenance from authority: which they no sooner tasted but instantly, some of them began to pride themselves, and to dispise others; and to reproach and villifie all such, as upon tryall and examination of their Churches, their Pastors and Sermons, finding all to be but fained imitations, nothing reall or substantiall, forsooke their societies, and thereupon as the Presbyters had used them; so deale the Independant with these, and all that any wayes adhered unto these, raysing nick-names and bitter invective reproaches against them, sparing neither art nor paines, to make them odious to others, and their lives (if it were possible) a burthen to themselves; and though reasons have been offered, Edition: current; Page: [6-061] and conferences desired, that they might see their error, and forbeare to deale thus contrary to their positive, owned, and declared principles: yet have they persisted therein, and go on still without ceasing, manifesting a most destructive and persecuting disposition, not only towards these, but towards many others whom they now (as compleat Judges of other mens Consciences) judge to be erronious, or heriticall, and seeme to have placed their felicity in the ruine of those whom their own Consciences cannot deny to have been instrumentall in their preservations, and who have not thought their lives too precious, to purchase them that freedom which now they enjoy.

And therefore it hath been conceived not only just, but of absolute necessity, to publish to the judgments of all impartial people, both of the Congregationall way and others: this their hard measure and unthankful usage of a harmlesse well-meaning people, and withall, to discover to all those who are conscientious, the error of their wayes, and emptinesse of the things wherein they glory, and to let all those who are wilfull or meere polititians amongst them, beare their shame openly, and since they are proofe against their Consciences, and can take up, and lay down principles, professions, and practices too, as stands most with their advantage, and like the Jewes in their worst estate, make no reckoning of oppressing all that are not of their tribes, it is but equall, that such should bear their mark in their forehead, that all men might be warned from conversing with such deceivers, and if any tartnesse appear herein, they are the occasion, it being no more then they deserve.

And not only so, but we have herein also indeavoured to support the weake, and by establishing them upon the sure foundation of the written word of God, (inclining them to give eare thereunto, as unto the only true infallible teacher of spirituall things in our times) and by directing them in a brief and plain method, in the reading thereof, how to attain to that one necessary Doctrine and main design intended therein unto man, for his temporall and eternall comfort.

To which end, that we may neither seeme to wrong the one sort, nor to delude the other, and for full satisfaction of all that are, or shall be concerned herein: we affirm it to be most palpably evident. That ye of the Independant Congregationall, or of any Church-way whatsoever, have not that true essentiall mark of a true Church to be found amongst you, which only can distinguish Edition: current; Page: [6-062] the true from the false, and without which a true Church cannot be:—A true Church in the Scripture sence; being such only, as wherein the very word of God is purely and infallibly preached: that’s the mark.

Now though it have been usuall among you in your prayers, to desire of God that your auditors may give eare to the word that you preach, not as unto the word of a mortall man, but as unto the word of the ever living God: and this too, with such solemn countenances, lifted up eyes and earnestnesse of expression, as if it were the sin of sinnes, for men to doubt it: Though this hath been your course: do ye not tremble when you consider it, to think that you should so frequently practice so grosse an imposture, as openly to pray unto God, that your eronious, doubtfull uncertain conceptions, (for what other are your Sermons) shall be heard and received, as the word of the ever living God; what greater impiety, nay blasphemy, then to call mans word, Gods word, to counterfeit a Preacher an Evangelist, an Ambassadour of Christs, and to deliver a Word, a Message, a Gospel, mixt and made up of opinions and conjectures, as if it were the true reall word of the ever living God.

What is this but even to debase, belye, and offer despite to the spirit of God himself, for advancing your own false Honour and repute amongst men.

Consider this seriously, all ye that are captivated with the charmings of these Sophisters, that are intangled in their formes of godlinesse, that are drawn into their imaginary Churches, that are deluded into an opinion, that they are pastors, feeders, preachers of the word of God, and be so true to God, (whose honour lyes at stake) to your selves whose peace and comfort lyes at stake, and to your Neighbours, whose good name lye at stake also: as to make a clear examination whether these pretended pastors, & Churches are taught immediately by the spirit of God, or not, as they pretend; try them by the word they preach.

And you shall find, however they have prepossest you to the contrary, that neither they, nor your selves, have any understanding at all of such divine or heavenly things, as bring peace of Conscience and joy in the Holy-ghost, by any other way or meanes, but only and solely by the Scriptures, and that neither they, nor your selves, are taught by the spirit, as they have long perswaded you, and whereby chiefly they delude you, into a belief that they are true pastors, and your Churches, true Edition: current; Page: [6-063] Churches of Christ. For Judge you, had they the spirit of God as you pretend? would they need, as they do; when they have resolved to speak to you from a Text of Scripture, to go sit in their Studies, three or four dayes together, turning over those authors, that have written thereupon; and beating their own braines, to find out the meaning and true intent thereof; no certainly, had they the spirit of God, it could in an instant, in the twinkling of an eye, inform them the meaning of his own writings; they would not need to be studying, seven, ten, or twenty years, to understand the truth of the Gospel, and when they have done so too be as farre to seeke as they were at first for any expresse certainty therein; for do but observe, that when they have for some years preacht up a Doctrine, they are many times forst to preach it down again, as ye well know most of them have done, and that in very materiall points.

As for instance, are they not one while zealous for the baptizing of Infants, another while for the baptizing of Beleevers only, and then again for no Baptisme at all, for want of a true Ministry? do not the Pastors differ amongst themselves, and contentions arise not only between Church and Church, but in every Church within it self? are there not some that for many years have preacht up election and reprobation, and afterwards have as much preacht it down, and cryed up generall redemption, and, that man hath free will or a negative voice in his salvation, and this in a Church gathered and taught by the spirit, as they would make the world believe and those who by praying and preaching ex tempore, would be thought to have yet a more immediate teaching of the spirit; how extreamly are they to seeke in the ready understanding of the Scriptures, what weake and indigested matter issueth from them, is too easily discerned, yea what contradictions, they huddle one in the neck of another, though through confidence in the speaker, and superstition in the hearer, all passeth for currant truth.

But consider, can it be of the true spirit to produce uncertain Doctrines; if the Trumpet give an uncertain sound, who can prepare himself to the battle; so if the preacher, preach uncertainly, how can he affirm his word to be the word of God; or how from such doubtfulnesse can true faith be begotten in the hearts of the hearers? is not a Church founded upon such uncertainty, founded upon the sand, and built up with hay & stubble, not able to stand the least blast of a reasonable opposition; and will ye Edition: current; Page: [6-064] that have Consciences towards God, any longer be instrumented in this mocking of him, and by your countenance thereof partake with them in this strong delusion?

What doth the Pope and his Clergy more then belye themselves, and blaspheam God, in saying, they have the true spirit of God, which leads them into all truth; whilst by their lying miracles, by their art and sophistry, they lead the poor deluded people in the greatest errors, for maintenance of their own pride, covetousnesse, and luxury: The bishops they come, and by pretence of the true spirit, discover abundance of faults in the Pope and his Clergy, and make shew of great reformation; but advance only themselves and their uncertain Doctrines, for their own ambitious ends only, without any regard to the glory of God, or good of men: then comes the Presbyters, and they cry out against Common-Prayer (that was faulty enough) and studied Sermons, as stinters, and suppressors of the true Spirit of God in them; and they are no sooner in the Chaire, and their Prayers & preachings examined; but they also are found to differ one with another, to contradict themselves, & to mind only their own honour and profit; and to be possessed (as both the former) with a persecuting Spirit, which is abhorred of God, of Christ, and of all his true Ministers and Apostles.

Then comes the Independents and pretend to erect, a holy, pure and undefiled worship, according to the pattern, shewed unto them by the true Spirit indeed, pleading for generall liberty of conscience, void of all compulsion or restriction, and professing the meeknes of the very Lambs of Christ, and humility towards all men; who now could have suspected what since hath been discovered? Namely, that they as the rest, belyed the Spirit of God, (pardon the harshnes of the expression, its for Gods cause and must be spoken) they being no more infallibly certain of the truth they raise from Scriptures then any of those whom they so much condemn; they as the rest, pray, preach, and do all for mony, and without it they do nothing, taking mony for that which is not bread, but flower, chaffe, and sand mixt together; that did not people swallow it whole, without chewing, or examination, it would be as gravell between their teeth, and they would spit it out of their mouths.

And since, they are increased in numbers, and have as it were, scumm’d the Parish Congregations of most of their wealthy and zealous members. Do they not fully discover a serpentine disposition Edition: current; Page: [6-065] hankering after persecution? Do they not dayly spet their venom privatly and publickly, against any that either seperate from them, or joyne not with them, and that in as foul aspertions, as ever the Pope uttered against Luther, the Bishops against the Puritan, or the Presbyter against the Independents, are they not high and skillfull in rayling? making whom they please Atheists, Anti-scripturists, Antinomians, Anti-magistrats, Polligamists, Seekers, or what they will: and can these proceed from the true Spirit of God, or from the Spirit of Antichrist? Judge impartially Yee that are yet untainted in your consciences (going on in this Church-way as deceived, and not deceivers) whether yee can offer more dispite to the Spirit of Grace, then by your presence and society, to justifie this delusion; or to uphold this new idoll, this Apple of Sodome, seeming onely faire to the eye, but touch it, and it falls to powder, to the very earth, being nought but earth, like Dagon before the Arke, having neither hands nor feet, but to (discerning eyes) is a meere uselesse lump, an Idoll, which as the Apostle saith, is nothing in the world, and therefore let none, who minde the things that are of God, uphold it any longer.

It being hardly to be beleeved, the infinite evils which comes to the world by this false supposition and assumption of these Churches of having the Spirit of God, or being taught immediately thereby; for by occasion thereof, no sooner doth any one embrace any opinion pretending to Religion, and beginnes to be fortified therein, and that after frequent hearing, prayer, fasting, or humiliation, he continues to be of the same minde, but presently he thinks himselfe bound to declare to all the world, what the Spirit of God (as he calles his owne imagination) hath made knowne unto him.

And hence it is, that at present, the World abounds with such variety of opinions, concerning life and salvation, that many a sincere heart, seeking for peace and rest therein, is kept in perpetuall suspence and doubtfullnesse, whereby their lives become a very burthen to them; and many sad, and wofull effects, follow thereupon.

Some by their confidence, and extreamity of zeale, and diligence, get their opinions (how contrary to Scripture soever they are) into halfe the people of a Towne, Village and Parish; and then there is nothing but wrangling, envy, malice, and backbiting one another, to the extreme prejudice and unquietnesse of the place.

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Some of them crying up their owne experiences, and the teachings of God within them, affirming that they speak, not from Books, or Scriptures, written in Inke and Paper, and in Letters and Sillables, but from the inward suggestion of the Spirit, induce multitudes to neglect the Scriptures, and to give credit onely to their wilde Notions and Opinions, and though they have no foundation in the plaine expression of the Scripture, or be contrary thereunto, yet are they satisfied, that they onely are in the truth, and all other Christians in errour, not examining their opinions by the Text, but urging that the Text is to be interpreted by their Opinions and experiences.

And hence it is, that in the esteeme of some, the Scriptures are of as small value as the Service Book: and to speak of a Christ crucified at Jerusalem, is carnall. Hence it is, that some, and those not a few, maintaine there is no sin, no evill, no difference of things, that all things are good, are one; and that all things are God, and that to see or judge any otherwise, is for want of the teaching of the Spirit; and this, though it quite contradict the whole tenour, and plaine open scope of the Scriptures, from the beginning of Genesis, to the end of the Revelation; yet passeth it for currant, and gets ground in all places.

Hence it is, that some men will neither stir, nor undertake any thing of any nature, Civill or Naturall, but as they are prompted thereunto, (as they imagine) by the Spirit, or as some phrase it, by the drawings forth of the Father, taking all their inclinations, likings, or dislikings, to be immediatly from God, whereby grosse neglects and failings (to say no more) come to be excused; and not onely so, but expresly put upon Gods score.

Hence it is, that some after extreame fasting, and continuance in prayer, (beyond what their bodies could beare,) extent of minde, and intention of apprehension, have really beleeved, they have seen Christ standing by them, and heard him vocally speake unto them, that they have scene a light waving about their beds all the night long; at other times a black darkness intermixt: and in these extasies, as they call them, (but indeed fevourish distempers) they have been bid, as they thought, to doe such things as the holy Scriptures abhorre; and yet could never rest till they had done them.

And hence it is, that some presume to be so Goded with God, and Christed with Christ, as they affirme, they are in heaven, and upon the earth; that they are ever well, and that paine is not pain; Edition: current; Page: [6-067] that all things are nothing, and nothing all things, and glory that they are contradictions; Prophesie of things to come, as the day of Judgement; name the time, the very day, see it false, and yet profess it true (in a sence,) and are beleeved; write bookes of the Germans madde mans Divinity, of the occurrences and successe of the present distractions, in such unheard of expressions, concerning King, Parliament, and all Parties, that to a man that gives good heed to the Scriptures, nothing appeares more irreligious; yet through the generall supposition of the immediate teaching of the Spirit, the authors please not onely themselves, but others; and none speaks against it, or writes, or preaches against it to any purpose, least they should break the golden chaine of their own honour or profit; for whoever assumes, or maintaines himselfe to be taught by, or to have the Spirits mediate teaching, is lyable to hold any thing his Fancy presents to his Imagination, and dares not condernne the false assumption of Gods holy Spirit, in another, least he should thereby condernne himselfe; since they both have but their owne bare affirmations, for their foundation, neither being able to manifest, by any thing extraordinary, the reall possession thereof.

To this sad condition are men in these times, brought by this fals presence of a Spirit, which once taken up, & insisted on, their credit becomes so ingag’d, and they are so exceedingly delighted, and lifted up, in being thought the darlings of God, that it is the hardest thing in the world, to make them see their mistake; offer but once to bring them into a doubt, or but desire them to examine how (amidst so many contradictory Opinionists, all affirming the Spirit of God for their leader in each) any one of them comes to know himselfe to be in the right, and they turne the head of one side, single, and condemn you as not enlightned, and pray not to trouble them; yet if you enquire, what at any time the Spirit immediatly hath made known unto them, they cannot tell one sillable, but recite some place of Scripture, which by serious intention hath imprinted it selfe in their minds.

If you demand a reall Demonstration of the Spirit, they can give you none, but (peradventure) will tell you, that you must awaite Gods time, and he will enlighten you. That their Spirit is as the White Stone in the Revelation, the name whereof no body knew, but he that received it; making use of false, darke, and misterious Scriptures (intended for another end) to prove that they are unable by any sound argument, or sensible demonstration to Edition: current; Page: [6-068] manifest: Whereas, were they really endowed therewith, they could not conceale it, nor we be unconvinced of its devine and supernaturall Power, but must needs bend our knees, and hearts in acknowledgement thereof.

If we urge the Scriptures against them, they tell us the Letter killeth, abusing, and that so grosly that place of Scripture, to the upholding their own vain imagination; nothing being more evident, then that by Letter, in that place of the Romanes, is to be understood the Law: and by Spirit: the Gospel.

And if men did not too much Idolize their owne fancies, it would soone appear. That now in our times we have no Preacher of the Gospel but the Scriptures; which being the infallible Word of God, the Word of Truth, Eph. 1. 13. not the Word of man, but (as it is in truth) the Word of God. 1. Thes. 2. ver. 13. which was not yea, and nay, but yea, 2 Cor. 1. ver. 18, 19, 20. The Word of God that abideth for ever. Is it not strange, that our pretended Preachers of all sorts, should so far prevaile upon the minds of men, as to draw them from giving eare, to what this Word of truth plainly and evidently holdeth forth, for the peace of their minds, and direction of their lives; and take up their time and thoughts wholly, or principally, with their uncertain & fallible Sermons, making them in effect, forsake these living fountains, and digg to themselves broken Cisterns, that can hold no water.

Nay, a wonderfull thing it is, that it should be received for a currant truth. That this, the greatest blessing the World knows, this word of the ever living God, should now come to be esteemed, but as a dead Letter; this sword of the Spirit, that forceth it self into our dead naturall understandings, plants it self there, makes us one with it: and forms us new; this regenerating word, this immortall seed, should be so undervalued, as to passe but as a dead Letter.

Time was, that it was otherwise in England, when our fore-Fathers would have given any thing in the world; yea, many of them gave up their lives, rather then they would part with the smalest part of this precious Word, translated into English, by the first sincere professors of true Christian doctrins; but then Godlinesse was esteemed the greatest gain, and the iniquity of Learning, was not arived to so much impudence, as to make a gain of Godlynesse, to make a trade of Religion, and to become rich by pretended preaching. Nor weaned they the people from the Scriptures, to give eare to their notions, and opinions; telling Edition: current; Page: [6-069] them they had the Spirit, and that the Scriptures were but a dead letter; but invited and perswaded all men, to a diligent consideration of the true scope and intent of them.

Neither did they preferr the understanding of men, with difficult points, or obscure doctrins; but (as Luther) insisted altogether upon the Doctrin of free Justification by Christ alone; and (in way of thankfulnes for so great a benefit) invited all men, to live righteously, Godly, and soberly in this present world; therein following the example of the Apostles, and the very end, scope, and main design of the Scriptures; which is that unum necessarium, and which, if people did rightly and seriously mind, they would not so easily be drawn to follow such Teachers, or to give eare to such Sermons; whereby they are alwaies learning, but never come to the knowledge of this one necessary truth.

For, how long work soever, Ministers and pretended Preachers, make of it, to maintaine themselves, and families in wealth, plenty, and honour, necessary Doctrins are not at all hard to be understood, nor require long time to learne them; and if it did not concerne their livelihood, and profession, to make men beleeve, they were people who soone understand sufficiently for their establishment, and comfort, and would fall to practice, that so they might become an honour to their profession of Christianity; for the Scriptures, or word of God, having once planted this truth in the understanding, viz. That it is the bloud of Christ, which cleanseth us from all sinne; this Evangelicall truth of its own nature, would instantly set man on work to do the will of him, that hath so loved him, and constrain him to walk in love as Christ hath loved: so that after this, all the care would be, how to advance the Gospel, by making our light to shine forth before men, that others seeing our good works, may glorifie our Father which is in Heaven.

But this is no profitable way, for any of our pretended Preachers, this Doctrin is to soone learned; for if men once come to know that this short lesson is sufficient; what will they regard? either printed discourses, or Sermons, and if once they find them also full of uncertainty, contradiction, and unnecessary things, they’le not part with their mony for such trash, when they may go to the two breasts of Christ himself, freely at all times, to the Scriptures, and buy this sweet milk and hony, without mony and without price; and if men and women come once to understand this, they will not comber themselves with many things but Edition: current; Page: [6-070] possessing this unvalluable truth, will ever worship God in Spirit and in Truth; and declare unto others this blessed one necessary comfortable way, and that not by preaching or long set speeches: which are apt to deceive; but by conferences, and mutuall debates, one with another, (the best way for attaining a right understanding) far excelling that which is called preaching. But then, how shall Demetrius and the Craftsmen live? even by some lawfull calling, this being the most palpably delusive of any in the world, and it is very strange, that all men do not discerne and avoid it.

It is so, as cunningly as it is carryed, & as high in repute as it is, & hath long time been, having no foundation but in the weake credulity of men; for if men but once consider it, their Sermons will appear to be but as common discourses, full of mistakes, errors, and at the least altogether uncertaine: and that all their preachings and prayings are only for mony, and that their greatest skill and labour, is to hold men ever in suspence; and upon pretence of truth, to give them a bastard Scholastick knowledge, which only serve to make men proud, wrangling Sophisters, and Disputers, vain boasters, talkers, busie-bodies, censurers, Pharisees, wise in their own eyes, and despising others, void of all true piety or reall Christian vertue: and no marvaile.

For such as the tree is, such ever will be the fruit; they boast to have the Spirit of God, & you see it is but boasting, or their own imagination only: and in the mean time, take the Scriptures for a dead Letter; and either reject them, or make them speak according to the spirit of their own Imaginations; and so instead of being reall, are at best but fantastick Christians, uncertain (if not false) Teachers: and such are their fruits. The greatest part of their time, wherein they should be imployed to feed the hungry, cloath the naked, or in visiting the fatherlesse & widdow, or in delivering the Captive, and setting the oppressed free, (all which are workes, so fully and plainly set forth in Scripture, as most pleasing to God) being spent in talking upon some hard texts of Scripture, such are their Sermons, or in disputes & contests, upon some nice & difficult questions. And this exercising themselves therein, week after week, and day after day, and in fastings and repetitions, and in writing of these doubtfull Sermons, is by them called a Religious exercise, and those who can but attain to so much boldnesse and utterance, as to speak and pray an howre, two or three, together, take upon them, and Edition: current; Page: [6-071] are reputed, guifted Christians, and principall religious persons, when as many of them get good estates by so doing, good benefices, and others who make not a trade of it, as many devout pastors do; yet gaine so much credit thereby, as doth much increase their Trades, and advance their Custom and dealing in the world, and now and then helps to a good round Office. And whilst any of this strain of Christians, may live in this kind of devotion twenty years, preach for twenty or forty shillings a year, and have the repute, of a most religious knowing Christian, from the testimony of the most grave, learned, and solemn pastors of all Congregations, if but a part of their religious disbursments be spent upon them, it is not to be wondered at, that so few are found to serve God sincerely in the way of pure and undefiled Religion, which would plume their Peacocks feathers, and cost them more in one year, then all their lip-service, and Church-devotion, doth many of them in their whole life-time.

Nay, so impudent are many of these proud boasting Churches, (who glory to follow precisely the pattern shewed in the mount) that contrary to all example of the Apostles and first Christians; they can content themselves to be known usurers, and those that are not such themselves, can allow it in their fellow Members, their Pastors, Elders, and Deacons can tolerate it, and why not, as well as for their pastors to take monies from such, as are of lesse abilitie then themselves; nay, do not many of them spend the greatest part of their time, either in making, buying, and selling of baubles and toyes, such as serve only to furnish out the pride, luxury, and fantasticalincsse of the world; yea, view them well in their apparell, from head to foote; consider them in their dyet and usuall feastings; in their furniture for their houses, even in these sad and miserable times; and then say, whether their silks, their fine and delicate linnen, their Laces, Beavers, Plushes; their Fancies, Plate, Rings, and Jewells; do not demonstrate from what roote they are, that they are meere worldlings indeed, and Christians only in name and tongue, and not that neither, if they are well observed.

For there are many amongst them, for slandering and backbiting; for circumvention and an hipocriticall carriage, shall vie and compare with any sort of men in the world; they can play the part of Spies, Intelligencers, plot and betray, upon pretence of intimacy, of endeared friendship and familiarity, eat, drink, be merry with you, day after day, week after week, for months, year Edition: current; Page: [6-072] for many years and after al: professe boldly, openly, confidently, before their Church, to Neighbors, friends, or strangers, that all this intimacy, friendship, familiarity, was only and meerely to deceive, and to discover what might be, to mischief the parties with whom they held it: shall we aske which of the Apostles was a slanderer, a spy, an Intelligencer, a betrayer: certainly none but Judas, and the followers of Judas; let them henceforth professe themselves, at least, let all that know them, so account them, unles they manifest their speedy true repentance, for bringing such reproach to the profession of Christianity.

But what will such men stick at, as have once dared to dissemble before God, to call themselves Preachers, and are not: to gather Churches, and to joyn and continue in the fellowship of meere mock Churches, that dare attempt the Ordinances with prophane hands, without, and before Commission given from above, that dare pretend Commission, and yet can shew no scale, no letters of credit from Heaven, that dare affirm their own opinions and Sermons, to be the word of God: and all this after admonition, from such persons too, as out of Conscience have seperated from them, against whom also they persist to shoote their most sharp and poysoned Arrowes; even bitter words, false invectives, lyes, and slanders.

O therefore consider this! all ye whose Consciences are yet sound amongst them, or but a little taynted, and see into what a wretched condition ye may be led before ye are aware; there is no stop in wickednesse, but a progresse from one degree of evill to another, unlesse at first: therefore stop in time, and come out from amongst them, least ye soone partake with them in their sinnes; and neither approve, nor connive at what you see and know to be against the judgment of your Consciences, least in time you become as the worst and vilest of them.

Study the Scriptures, that word of truth: blesse God for them, forsake them not for the vain traditions of men, for the uncertain notions, Doctrines, and comments of pretended Preachers; and be certain of this, that you may as soone as they themselves, come to a good and right understanding therein,—and that you may do so. Read them with these Considerations.

That although whatsoever is written, is written for our learning, and that we have great cause to be thankfull to God for vouchsaffing us the knowledge of the severall ways of his dispensations to man, according to the severall times, and ages, which Edition: current; Page: [6-073] were from Adam, (which was the first) unto the time of the descending of the holy spirit, (which was the last:) yet are we seriously to know, that this last dispensation of the holy spirit, is that which principally concerneth us rightly to understand, and to apply to our selves, both for our comfort and rule of life; for unto this time and dispensation doth our blessed Saviour himself referre us, saying, I will send you another Comforter, he shall lead you into all truth, he shall bring to remembrance the things that I have told you: and he performed his promise effectually to the Apostles, whose writings we have, containing what the same spirit taught unto them; the truth whereof, they were enabled, and did, confirm with miracles, so as it might be as truly said of them, as it was of Christ our Lord; that they taught as men having authority, and not as the Scribes, nor as the uncertain pharisaicall teachers of these times.

Unto which word of theirs, we are principally to give heed: but therein also, we are chiefly to discover and to mind, what that Doctrine was, which they by the spirit, were ordained to preach? because that being understood and believed, doth give the beleever thereof, the name and being of a Christian, how plain and brief soever it be; for we must note, that there are many things written by the Apostles upon occasions, that concerned only or chiefly, the times wherein they wrote, and the places and persons to whom they wrote, which is the true cause that many things are too hard for us to understand; but there was one universall Doctrine, which they were to preach to all Nations, wherewith all their writings do abound, and which is very plain and easie to be understood.

And this is it, namely, that the same Jesus whom the Jewes crucified, was Lord and Christ: That he is the propitiation for our sins, and not only for ours, but for the sins of the whole world. That it is the bloud of Christ which cleanseth us from all sinne. That his love is so exceeding towards us, that even when we were enemies, Christ dyed for us: This was the Doctrine which begot people unto the faith, and made them Beleevers: and they used no other inducement, unto Beleevers, to walk as becometh this Gospel (or glad tydings of peace and reconciliation between God and us,) but this, ye are bought with a price, therefore honour God, both in your bodies, and in your spirits: their strongest Argument to perswade, being this and the like: That the love of God which bringeth salvation unto all men hath appeared, Edition: current; Page: [6-074] teaching us, to deny all ungodlinesse & unrighteousnes of men, and to live righteously, godly, and soberly in this present world: that we should love as Christ hath loved, who gave himself an Offering and a Sacrifice for us: so that if we would try each others Faith, we are to consider each others love; so much faith, so much love; so much love, so much pure and undefiled Religion; extending it self to the fatherles and to the Widdow; to the hungry, the naked, sick, and imprisoned; it being evident, that he who hath this worlds goods, and suffereth his brother to lack, hath not the love of God in him, yea though he have never so great parts of knowledg, zeale, tongues, miracles, yet being void of love, he is nothing: plainly manifesting that all other Religions, are but as defiled and impure in comparison of this.

And these are the Doctrines, which make good the rejoyning of the Angels, bringing glory to God in the highest, in earth peace, good will towards men: These are sufficient, and in these do all sorts of Christians agree, and never had disagreed but for false Teachers, Wolves in sheepes Clothing; who crept in to devoure the flock: causing divers strifes and contentions, about genealogies, and about the Law, which made the Apostle abundance of trouble, crying out, O foolish Galathians who hath bewitched you; telling them plainly, if righteousnesse came by the Law, then Christ dyed in vain; others, it should seem, fell to observe Dayes and Times, Sabaoths and Weeks, justifying themselves, and censuring others: provoking the Apostle to tell them, he was afraid of them, that he had bestowed labor in vain upon them, earnestly desiring them, to let no man deceive them, in respect of an holy day, or of the new Moon, or of the Sabaoth, &c.

The truth is, and upon experience it will be found a truth: that once exceed these plain indusputable Doctrines, and you will be ever to seeke; for though it be a kind of happinesse, to read in Genesis the proceedings of God towards our first Parents, to Abel, Cayne, Enoch, to Noah and the world that perished in the floud; to see his mighty power at the Confusion of Babell: his love to Abraham and Sarah, to Isaac, Jacob, and the twelve Patriarks, to see their way of worship, to observe his mighty wonders in Egypt, in the Wildemesse, and in the promised Land, under the Judges: Saul and David, Solomon, and the rest of the Kings of Judah and Israel: To know with what power he spake by his holy Prophets in all times, even to John the Baptist.

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Yet when we have done all, we must acknowledge, that very many things exceed our understandings, and that we draw no comfort like unto this, that unto Christ, do all these beare witnesse: and though we have great cause to blesse God, for those wonderfull things we read of the life of Christ, of his wisdom, goodnesse, and power; by which he beat down the wisdom, craft, and policy of the Scribes and Pharices, of the high Priest and great ones of the world; and whereby he made it manifest, that he was indeed the Christ, yet draw we no comfort like unto that, which the Apostles publish’t by the power of the holy spirit, the comforter promised by Christ before his Assention: because by this dispensation of God, only, do we come to know the benefits of Christs death, and that he is the end of the Law for righteousnesse, and the propitiation for our sinnes; whereby we have peace of Conscience, and joy in the Holy-Ghost.

We Read, with thankfulnesse to God, the Acts of the Apostles, all the Epistles of Paul, of Peter, James, Jude, and the Epistles of John, & the Revelat. to St. John: But we must still acknowledge, that there are very many things in them all, which wee apprehend not fully. We Read of Apostles, Evangelists, Prophets, Pastors, and Teachers, and of the ordering and regulating of Churches, and of gifts given to all these from on high; but not so plainly exprest, as to leave the Conscientious without dispute, and difference thereupon: nor so collected into any one Book, as to convince, that God now under the Gospel, so exactly enjoyned Church Government, as he did under the Law; where Moses was expressely commanded to write particularly all that was required, not leaving out so much as Candlesticks, Snuffers, or Besomes. And when we come to compare the Churches, or their Pastors, and their abilities of our times, with those we read of: or the infallible power by which they spake, with the uncertaine Doctrines of ours, alas we must lay our hands upon our mouths, and hide our faces, as children use to doe, when they are discovered by people of understanding, at their childish immitations, of Christnings and Feastings; where, in a low and miserable weake forme they counterfeit things reall: so that if we shall deale plainely with our selves, we must confesse, wee are at a losse in these things, and that hence onely is our rejoycing. That wee undoubtedly know Jesus Christ and him Crucified, and knowing him, accompt all things as losse and dung in Comparison of Edition: current; Page: [6-076] him: and that we may be found in him, not having our owne righteousnesse which is of the Law, but the righteousnesse which is of God in him: so that the whole Scriptures to us, is as the Field mentioned in the Gospel, and this the Jewell, for which the wise Merchant, sould all that ever he had to purchase it.

And truely, if the Traders in Divine things, truely consider this, how learned soever they are in Arts and Sciences, in all kinds of Readings and Languages, and how mighty and skilfull soever they would be thought in the Exposition, opening, and interpretation of all places of Scripture, when they come to cast up their account, possibly; nay, certainly, (if they are serious therein) they will accompt all as nothing for this Pearle, which passeth value, they will sell All to purchase it; and rejoyce exceedingly in the exchange, as the most profitable that ever they made.

And this certainly would be done frequently by all who with honest and good hearts Read the Scriptures; were they not kept from it by false Teachers, who hold them in suspence for their own advantage, ever raising, and starting new Questions, and new Opinions, whereby men are ever learning, but never at rest in the knowledge of this one necessary truth: but are tost too and fro, with every winde of Doctrine: and all by giving eare to those that call themselves Preachers, but are not: that pretend to expound the Scriptures, when as they raise nothing but doubts, and darken them; that say they Interpret, when they are to seeke for the meaning; being altogether doubtfull and uncertaine in all they doe.

And therfore much more happy are they, who read with honest and good hearts, and only Read, and considerately lay to heart; giving no care to these charmers: these doubtfull Expositors, these mocke-Preachers, with their trumpery Sermons, stuft with naught but uncertainety and fantasticke doctrines, which in the day of the necessity of mans Conscience, prove like a broken Reed, that instead of help, further wounds.

Nor let any man henceforth wonder, whence so many severall and strange opinions should arise, by which the world becomes even rent and torne in peeces? It is from this kind of Preaching, and false Exposition of the Holy Scriptures. It being so, in more ancient times, with the Law and the old Testament, as Petrus Cunaeus, (de Republ. Lib. 2. chap. 17.) brings to light: affirming, That howsoever the Law was Read amongst them in the former times, either in publicke or in private, yet the bare Text was Edition: current; Page: [6-077] onely Read, without glosse or descant, Interpretatio Magistrorum nulla, commentatio nulla; but in the second Temple, when there were no Prophets, then did the Scribes and Doctors (mock Prophets, as our mock Preachers) begin to Comment, and make their severall Expositions on the holy Text: Ex quo natae disputationes & sententiae contrariae; from whence (saith he) sprung up debates, and doubtfull disputations: and most probable it is (saith another upon him) that from this liberty of Interpretation sprung up diversity of judgements, from whence arose the severall Sects of Pharisees, Essees and Saduces; who by their difference of Opinions, did distract the multitude, and condernne one another.

Even so in these times, when as there are no true Apostles, Evangelists, Prophets, Pastors, or Teachers, endowed with power from on high, as all true ones are; by which, they are enabled to divide the word of God aright, to stop the mouths of gainsayers, and to say, thus saith the Lord, thus speakes the Lord, and not I, And if an Angell from Heaven, preach any other doctrine, let him be accursed. In the absence of these, are crept in swarmes of Locusts, false Teachers, men of corrupt minds, making Marchandize of the blessed Word of Truth, and for that wicked end, dress it up in what shape their Art or Rhetorick can devise; and upon pretence of exposition, raise thousands of doubts and disputes, write millions of books, and preach innumerable Sermons; whereby the people are divided, and subdivided into Factions, Sects and parties; and whereby the end of the Gospel, which directs only to peace and love, is most unthankfully made use of, as a fire-brand of quarrells and dissentions.

In the mean time, the poor innocent Dove, that desirs to injoy the peace of his mind in this Unum necessarium, that little Doctrin of Christ crucified, and to walke in love, ever worshiping God in Spirit, and in Truth, dis-intangled from all formes, as things he finds uncertain, disingaged from all false Churches (and cannot find a true one) that in all things gives thanks, and dares not pray, but for what he needs, nor joyn with any, where he is not before agreed what to aske; This innocent dove findes not a place to rest his foot in, but is become the game of these birds of prey, these Ravens, Vultures, and Harpies.

O that all ingenious men would lay these things to heart! that they would looke more exactly into these Churches, more boldly & firmly, trying, examining & weighing them in the ballance: that they would shake off that vaile of superstition, and reverend Edition: current; Page: [6-078] respect to mens persons; whereby they are over-awed into a high esteeme of meer vanities, empty shels without kernells, empty clouds that hold no water. That they would consider, how extreamly partial they are in judging of things; For, who is he, that doth not exceedingly condemn the impudence of Simon Magus, in offering to buy the holy Spirit of God with mony, purposely to have made a gain thereof; and yet can daily see men counterfeit the having of the Spirit, and pretend to preach and to pray by it; when as it is evident, they have it not, and yet are no whit troubled at this, though they see it done also, even for filthy luchre, vain glory, or other vile respects, as he intended.

But all are not alike guilty, many through weaknesse, and a preposterous zeale, being carryed with the stream and current of the times; and many there are, who have run themselves quite out of breath, in searching after peace, and rest, in the various waies of these Churches, and from one Church way to another; but find none to comfort them, nothing to establish them; confessing, that instead of reall ordinances, they find only names; instead of power in them, they find only formes, fashions, likenesses and imitations, meere pictures, and Images without life, altogether dead and comfortlesse; and are held up meerely by the power of Art, craft, and pollicy of men, not without the countenance of corrupt authorities, & oppressive States-men; who find it (as it hath ever proved) a notable means to devide the people, making use thereof, to their wicked and tyrannous ends; But God in these times hath had instruments, to lay all kinds of delusion open: so that henceforth, if men continue in these evill waies, they are altogether inexcusable.

Neither will men ever live in peace, and quietnes one with another, so long as this vaile of false counterfeit preaching, remaineth before their eyes, nor untill the mocke Churches are overturned and laid flat; For so long as men flatter themselves in those vaine waies, and puffe themselves up with vaine thoughts, that they are in a way well pleasing to God, because they are in a Church way, as they call it, or because they are able to speak long together (which they call preaching) they are for the most part regardles of storing their minds with truths reall Christian virtue, little or nothing careing, either for publick Justice, Peace, or freedom amongst men; but spend their time in endlesse disputes, in condemning and censuring those that are contrary minded; whereby nothing but heats and discontents are Edition: current; Page: [6-079] ingendred, backbiting and snarling at all that oppose them, will neither buy, nor sell with them, if they can chuse, nor give them so much as a good looke; but on all occasions are ready to Censure, one to be carnall, another erronious; one an Atheist, another an Heretick, a Sectary, Scismatick, a Blasphemer, a man not worthy to live, though they have nothing whereof to accuse him; which in the true Scripture sence, will beare the title of an offence, but are stirred in their spirits against him, because happily he speaketh against their Church-way, and frequently sheweth the vanity and emptinesse of those things wherein they glory, and by which they distinguish themselves from other men.

So that it were much better for the Common-wealth, that all mens mindes were set at Liberty, from these entanglements, that so there might be an end of wrangling about shaddows; for if men were once free from this Church-bondage, they would by reading the Scriptures with such like considerations, as are before expressed, soone come to be able to understand the intent, & substantiall scope thereof; and become substantiall Christians; full fraught with true Christian virtue, and reall godlinesse, which would incline them lo a tendernesse of spirit towards all those they saw in any errour; make them to compassionate mens failings, and infirmities; and be ready to help the distressed, and any waies afflicted: it would enlarge their hearts toward all men, making them like unto our heavenly Father, who causeth his Sun to shine on the just, and unjust: that giveth to all men liberally, and upbraideth no man.

Certainely, were we all busied onely in those short necessary truths, we should soon become practicall Christians; and take more pleasure in Feeding the hungry, Cloathing the naked, visiting and comforting of the sicke, releeving the aged, weake and impotent; in delivering of Prisoners, supporting of poore families, or in freeing a Common wealth from all Tyrants, oppressors, and deceivers, (the authors and promoters of all corruption and superstition) thereby manifesting our universal love to all mankind, without respect of persons. Opinions, Societies, or Churches; doubtlesse there were no way like unto this, to adorne the Gospel of Christ; men and women so exercising themselves, and persevering therein, might possibly deserve the name of Saints; but for men to assume that title for being a Presbyter, an Independent, Brownist, Anabaptist, or for being of this or that opinion, or of this or that forme of Worship, Edition: current; Page: [6-080] or for being able to Pray, and Preach (as they call it) three or foure houres together, venting their own uncertain notions, and conjectures, or for looking more sadly, and solemnly then other people, or for dressing themselves after a peculiar manner: or for pretending to have the Spirit of God, though they are ever to seeke about the meaning of the Scriptures: or for sucking in, and sighing out reproaches, and slanders against their neighbours: proceeds from meer pride and vanity of mind; when as the best of these put altogether, amount not to so much, towards the making of a true Saint, as one mercifull tender hearted compassionate act, for Christs sake doth.

And therefore those who would truly honour God, let them not think, that he will be flattered with words, or be served with lip service, with that which costeth little or nothing; but let them resolve that he expecteth to be served with no lesse then with all our heart, with all our might, and with all our strength, to be honoured both in our bodies, and in our spirits, for they are his.

It is most certain, that men are first to know and understand, before they can become practicall Christians, and though the Scriptures are very plain and full, as to necessary knowledge, yet the errors of weake and perverse teachers do so abound, that it is a difficult thing to escape them, and to fall into a profitable method of reading, and meditation of the word of God: wherein may the considerations aforementioned, prove as profitable, as they are conscionably intended; but doubtlesse the best way to perfect knowledge, is, and will be, by endeavouring after meetings of people to conferre and discourse together (in a discreet, quiet, and well ordered way) upon necessary points only: the way of preaching or long set speeches, being subject to abundance of error, and inconvenience: and therefore it would be happy, that all wel-meaning people would seriously set themselves to procure frequent and full meetings, for increase of knowledg in all sorts of people, and no longer to depend, either on the publique, or congregationall Sermons, for information of their understandings: it being evident, that they serve rather to dignifie the Speakers, and to sway the hearers into what they please, then to any just or necessary end.

And as every one increaseth in knowledge, let them know, that God hath not vouchsafed his word unto us, to make us talkers, or discoursers only; as the manner of many knowing people is, who as soone as they arive to a good measure of understanding, Edition: current; Page: [6-081] and are thereby freed from the burthens and oppressions, which error and superstition had brought into their Consciences, instead of being thankfull to God for the same, by dilligence in the wayes of doing good; they become carelesse, turning the goodnesse and truth of God manifested in his word to Idlenesse, if not to wantonnesse, not caring what becommeth of the miseries of the times, or other mens sufferings, but ever after, live as in a pleasing dream; these who ever they are, are to be looked upon as the most unworthy of men, because the most ungratefull: the most opposite to the end of their being, the vilest of Creatures, because sloathfull Christians: the best things, being the worst, if once corrupted.

And therefore it will be very good, for every one to stir up the knowledg of God that is in him, and to keep it alive by continuall practice, upon all occasions: practice in good and just and charitable things being that wherein the Conscience is most delighted; so that if any propose to themselves any happines here in this life, it is to be found only in doing of good: the more good, the better contented, and the greater the happinesse, man being in nothing like unto God, but in doing good, nothing is more acceptable to God, nothing is more pleasant to Conscience, his vicegerent in us; to do good therefore, and to distribute, forget not, for with such sacrifices God is well pleased: whilst we have time and opportunity, let us do good unto all men.

Let us all strive to go on before another in love, and let there be no other strife at all amongst us; we wish with all our soules that all reproach, despites and envyings amongst men might for ever cease, and that difference in judgment, may no longer occasion difference in affection; there being in our apprehension no cause at all; but that all men going in their severall wayes of serving God, whether publique or private, may neverthelesse be free to communicate in all civill Offices of love and true friendship, and cordially joyne with any, for a publique good; but if notwithstanding all that hath been endeavoured, or hath been said: this Generation of congregationall men shall continue to puffe, and swell through pride of heart, & to lift themselves up into the Chayre of the scornfull, and as the man in Peters Chayre assume a power of life and death over all opinions and wayes not owned by them: as if they were infallible judges of all controversies, making no scruple of blasting mens good names and reputations, or of undoing of whose Families thereby: they must Edition: current; Page: [6-082] then expect to be told their own, and be made appear to the world—as they are,—not as they would be esteemed.

It being evident by what hath been said, that although they have boasted themselvs to be rich, and increased with goods, and to have need of nothing; yet, they are as the luke-warm Church of Laodicea, miserable, & wretched, and poore, and blind, and naked—and for all their bigg and swelling conceipts of parts, of gifts, of Saint-ship, of the Spirit, & (in effect) pharisaically crying out, Lord we thank thee, we are not as other men, nor as those poore Publicans, that receive all their knowledge of Divine things from the Scriptures onely, and are taught onely thereby; Notwithstanding these bigg swelling words, their Peacocks feathers, being thus pluckt off, you see: and they, will they, nill they, must also see, that they must be content at last, to shake hands even with those poore Publicans; and acknowledge that they have no other infallible Teacher of Divine things, but the Scriptures; and that they partake no more of the Spirit, then what that blessed Word of the Spirit planteth in them.

And if their consciences are awakened, will be enforced to forsake their falling Churches: unlesse for politique ends, they shall stifle the power of these Truths within them; chusing rather to perish in the rubbish, then to seem to have bin so exceedingly mistaken; which will prove an unpardonable error; For, however the best of men may erre, yet they are the worst of men, that persist in error, after the discovery.

And therefore, if there be any whose consciences shall be fully informed of the vanity of these Churches; and yet for any ends shall continue to support the reputation of them; let all such know, that those who dare be so impious, as to stop the continuall cry of their consciences, must necessarily desire in their hearts there were no God, whose Vicegerent Conscience is; which is the most sad and dangerous condition that man can fall into in this life.

And certainly they will find it far better to forsake their tottering immaginary structures: confess their emptines, & sinfull imitation, taking shame unto themselves and giving glory unto God, whose name and power they have much diminished, by affirming those to be Churches which are not, those Pastors and Preachers which are not, those Saints which are not: his blessed Word to be but a dead Letter: that to be his Word, which is but conjecturall Sermons; and in censuring those to be erronious Edition: current; Page: [6-083] and carnall Christians, who have more warrant for what they do then themselves; And then by a more considerate, ingenious, and Christian-like carriage, to make amends for the future which would very much rejoyce the hearts of all that low he Lord Jesus in sincerity, whose Truth and Glory will be advanced by the Scriptures; when all the roving, wild and wandring immaginations of mens spirits, shall vanish, and come to nought.

FINIS Feb. 23.1648-49, Imprimatur
THEODORE JENNINGS.

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Robert Ward

Ward, Robert

Thomas Watfon

Watfon, Thomas

Simon Graunt

Graunt, Simon

George Jellis

Jellis, George

William Sawyer

Sawyer, William

21 March 1649

[5]

6.5. [Signed by Robert Ward, Thomas Watfon, Simon Graunt, George Jellis, William Sawyer (or 5 “Beagles”), but attributed to Richard Overton or John Lilburne], The Hunting of the Foxes (n.p., 21 March 1649).

Source

[Signed by Robert Ward, Thomas Watfon, Simon Graunt, George Jellis, William Sawyer (or 5 “Beagles”), but attributed to Richard Overton or John Lilburne], The Hunting of the Foxes from New-Market and Triploe-Heaths to White Hall, by five small Beagles (late of the Armie.) Or The Grandie-Deceivers Unmasked (that you may know them.) Directed to all the Free-Commons of England, but in especiall, to all that have, and are still engaged in the Military Service of the Common-Wealth. By Robert Ward, Thomas Watson, Simon Graunt, George Jellis, and William Sawyer, late Members of the Army. Printed in a Corner of Freedome, right opposite to the Councel of Warre, Anno Domini, 1649. (n.p., 21 March 1649).

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The Hunting of the Foxes, &c.

When we remember our solemn Engagement at Newmarket and Triploe-Heaths, and but therewith consider and compare the strange actings that have been, and still are carried on in the name of the Army (as if upon the accompt of that Engagement) we are even startled at the palpable contrariety and disparity that appeareth betwixt them; for the difference is as great and as wide, as betwixt bondage and freedom: So that it hath put us upon consideration to finde out and discover, where the fault lurketh; and upon serious thoughts, wee cannot impute the declinings of the first Principles of the Army, to the Army it self, but rather to some Persons of private and dangerous interests, usurping and surprising the name of the Army; like as it was said of the 11 impeached Members, concerning the Name and Authority of Parliament, imprinting the face and stampe of that Authority upon their prodigious designs, to the great abuse of the Parliament, as this must needs be of the Army. These, as too many such there be, are Foxes of the deepest kinde, more deceitfull and pernitious than their predecessours; and that such there are, wofull experience puts it out of question: and who they are the print of their footsteps is so evident, that you may trace them from step to step, from hole to hole to their Master Den, where you may finde the whole litter of Foxes in conspiracy, and you may know them by their shapes. Thus then to their footsteps.

When in the times of Stapteton & Hollis, the then faction was aspired to that height of tyranny and insolency, as to overtop the authority and native freedom of the People, threatning generall vassalage to the whole Nation, then the private souldiery (to interpose betwixt the people and their destroiers) drew themselves into that solemn Engagement of June 5. 1647. in the attempting and transaction of which they found no small opposition (as may well be remembred) amongst the Officers; and at that time Cromwell highly dissented, notwithstanding the earnest solicitation and importunity of many friends, til he was forced for fear of imprisonment, to fly to the then engaging souldiery (the day after the first Edition: current; Page: [6-087] Rendezvous) for refuge, and then Cromwell and Ireton, when they saw no other way to preserve themselves and their interest, engaged in the subversion of that domineering, tyrannical faction, and assuming high offices to themselves, acting as generall Officers, without the election of the soldiery, or Commission from the Parliament, being out by the self-denying Ordinance, and the General having no power to make generall Officers.

And being thus seated, even before they were well warmed in their places, they begin to stomack the sitting of the private souldiers in Councel with them; although it is wel known, that the actions of the Army, moving as an Army, in relation to that Engagement, was, first to be concluded of by a Councell, to consist of those generall Officers (who concurred with the Army in their then just undertakings) with two Commission Officers and two soldiers to be chosen for each Regiment; but a Councell thus modelled, was not sutable to their wonted greatnes and ambition, it was somewhat of scorn to them, that a private soldier (though the Representour of a Regiment) should sit cheek by joll with them, and have with an Officer an equall vote in that Councel: This was a thing savoured too much of the peoples authority and power, and therefore inconsistent with the transaction of their lordly Interest; the title of free Election (the original of all just authorities) must give place to prerogative patent (the root of all exorbitant powers) that Councel must change the derivation of its session, and being from Agreement and election of the souldiery to the patent of the Officers, and none to sit there but commission Officers, like so many patentee Lords in the high Court of Parliament, deriving their title from the will of their General, as the other did theirs, from the will of the King: so that the difference was no other, but in the chang of names: Here was (when at this perfection) as absolute a Monarchy, and as absolute a Prerogative Court over the Army, as Commoners, as ever there was over the Common-wealth, and accordingly this Councel was overswarmed with Colonels, Lieut. Colonels, Majors, Captains, &c. contrary to and beyond the tenour of the Engagement.

Hence followed secret murmurings & whisperings amongst the Prerogative Officers against the session and power of the Agitators, and at length palpable endeavors broke forth to suppress them: & so soon as the Officers had wound up themselvs to a faction, sufficient to overtop them, and finding the privity of the Agitators in their Councels was an impediment to their evil interest and Edition: current; Page: [6-088] ambition, then it was openly given out, That they stood as souldiers, only to serve the State, and might not as free Commons insist upon their liberty; and that the ground of their refusing to disband, was, only the want of Arrears and Indempnity, which, how contrary to their Engagement, Declarations, Representations, See. Hear, O heavens, and judge, O earth! for doth not their Declaration of Jun. 14. 1647. in their persons thus speak.

“We shall before disbanding proceed in our own and the Kingdoms behalf, &c. especially considering, that we were not a Mercinary Army, hired to serve any Arbitrary power of a state, but called forth and conjured by the several Declarations of Parliament to the defence of our own, & the peoples just Rights & Liberties.” And if of our own, then not to destroy our right of Petitioning, for that is in the number of our own, and so formerly owned by themselves. And further some few lines after they thus proceed.

“The said Declaration stil directing us to the equitable sense of all Laws and Constitutions, as dispensing with the very letter of the same, and being supream to it, when the safety and preservation of all is concerned, and assured us. That all Authority is fundamentally seated in the Office, and but ministerially in the Persons:” And then to confirm and justifie their motion, as Commoners in behalf of the People, they cite the Presidents of Scotland, Netherlands, Portugall, and others; adding this, “That accordingly the Parliament hath declared it no resisting of Magistracy, to side with the just principles and law of Nature and Nations, being that Law, upon which we have assisted you; and that the souldiers may lawfully hold the hands of the Generall (and if of the Generall then of Cromwell, Ireton and Harrison) who will turn his Cannon against the Army, on purpose to destroy them; the Sea-man the hands of that Pilot who wilfully runs the ship upon a rock, as our brethren of Scotland argued, and such were the proceedings of our Ancestours of famous memory, &c.”

Here out of their owne mouths it is contest, That the souldiery are not, nor ought to be mercinary; and that the General (and so consequently all the Officers) may be opposed by the souldiery in case of an immanent destruction to them; and how absolutely destructive it is to them, to be deprived of their right as Commoners, and not suffered upon pain of death or cashierment to petition the Parliament, but to be rendred meerly mercinary to the lusts and ambitions of two or three persons, to serve their pernicious ends, let the world judge: This is a case so plain, so obvious and evident, Edition: current; Page: [6-089] as none can deny, but that it is a palpable subversion of the Right of the Souldiery; and therfore in such a case they are bound to oppose their Officers, and it is no resisting of the General, nor of the Officers, no more than it is a resisting Magistracy, to side with the just Principles and law of Nature and Nations, as themselves have owned and contest, and if they will not stand to it, they must be kept to it.

And besides, if the equity of the Law be superiour (as they say) to the letter, and if the letter should controll and overthrow the equity, it is to be controld and overthrown it self, and the equity to be preserved, then the rule of the same reason doth tell them, that the Officer is but the form or letter of the Army; and therefore inferiour to the equitable or essentiall part, the Souldiery, and to be controlled and overthrown themselves, when they controll and overthrow the Souldiery in the essentials of their being, life, liberty and freedom, as the souldiery are, when by the Officers rendred meerly mercinary, and denied their right of addresse by way of Petition to the Parliament, for to be tortur’d, enslav’d and opprest, and not suffer’d to complain, but tormented and abused for complaining (although to the Parliament, the undoubted right of an English-man) is the highest cruelty, villany and slavery can be imagined, even Tyranny at the height, and therfore to be opposed by the Souldiery.

And thus, and upon these fundamentals of Nature and Reason the Netherlands made their resistance against the King of Spain. Thus rose the Scots up in arms, and entered this Kingdom, immediately before this Parliament, without all formal countenance or allowance of King or Parliament, since owned and justified by this Parliament. Thus this Parliament took up arms against the King: and thus the Parliament of France now taketh up armes: yea thus this Army enter’d upon their solemn Engagement against the oppressing party at Westminster. And thus may the souldiery renue and revive the same, and even oppose, contradict, dispute and overrule the commands of their Officers themselvs to the contrary, and be equally justifiable with the foregoing presidents. But to return to the matter in hand.

When Cromwell and Ireton, and their faction of self interessed Officers thought they had got the souldiery fast by the brain, as to dote sufficiently upon their transaction and conduct of busines, they then decline the Agitators, decline the Engagement, sleight their Declarations and Promises to the people and Army, rendring the Edition: current; Page: [6-090] Agitatours but as ciphers amongst them, corrupting some with places, overruling and overawing others, and so bringing the transactions of the Army in order to their solemn Engagement, only to themselves, under the impression and name of his Excellency, and his Councel of War, & so by degrees, step after step they cast out the interest of the souldiery from amongst them, destroied the Engagement, and broke the faith of the Army.

So that the honest souldiery not seeing any redresse, the rights and freedoms of the Nation not cleared or secured, no indempnity or security for arrears, or provision for present pay, no determinate period of time set, when the Parliament should certainly end, no publike vindication of the Army from that most horrid Declaration against the souldiery for petitioning, nor of suppressing and burning Petitions, abusing and imprisoning petitioners, &c.

These things the souldiery beholding and observing, endeavored to restore their Agents to a competent power and ability, to make good the faith of the Army to the people, but then they found the hottest opposition from Cromwell and Ireton with his faction of Officers, as who ever cals but to mind the busines of Ware, when Col. Eyer was imprisoned, and M. Arnold a private souldier was shot to death for promoting and assisting the work of the souldiery in reference to the solemn Engagement of the Army, may know.

And then it may be remembred how insolent & furious Cromwell deported himself against the honest observers of the faith of the Army, it being then made death to observe the Engagement, or but speak for the Agitators: O let that day never be forgotten! let not the bloud of that innocent person be here had out of remembrance, till justice be had for the same; neither let our Engagement or the perfidious perjured subverters thereof be forgotten; for here the Engagement was utterly cast aside, and the Adjutators laid by, and after that no more Agitators would be permitted, but the sentence of death, imprisonment, and cashierments for all that endeavored the reviving thereof was denounced: here the right of the soldiery was clearly destroied, and the Gen. Officers became lords of the name of the Army, assuming the same to themselves, and fitting the impression thereof upon all their future actings, to the abuse and surprisall of the Army; although in deed and in truth no transacting since by Cromwell, Ireton, and their Officers, though in the name of the Gen. Councel of the Army, wil be accounted or imputed to the act of the Army, for it is no Gen. Councel, neither doth it represent the Army, neither hath it the Authority or Commission of Edition: current; Page: [6-091] the Army therin; for it is another Councel, differing from that of the Engagement of the Army, that was by election, this is by force and obtrusion, in that the soldiery were represented, in this only the Officers, that is to consist of those Gen. Officers concurring with the Engagement, two Com. Officers, and two soldiers chosen out of every Regiment, this is only a Councel of war, whose power doth extend to no transaction in the name of the Army, as Commoners, but only to matters of war, as souldiers: therefore their propositions and tamperings with the King, their march up to London, their violent secluding of so many members from Parl. their triall and execution of the King, of D. Hamilton, Holland, and stout Capel, their erection of the high Court, of the Counsel of State, and their raigning in, & overruling the House, their stopping the Presses, committing violent outrages and cruelties therupon, their usurpation of the civil Authority, &c. are not to be esteemed as actions of the Army, they are not to be set upon the score of the soldiery, for the soldiery hath no mouth in their Councels, neither have they therin to do.

Thus it may well be conceived, that their clothing themselves with the glorious Garments of that Engagement, with their manifold Declarations, Remonstrances, &c. was but in order to what time hath since made manifest, to heave out Stapleton and that faction, to grasp the sole dominion into their own hands: for by their fair speeches and fawning dissimulations, they courted the Souldiery and honest party of the Common-wealth into a strong delusion, even to believe their lyes, their enchantments, and sorceries: Never were such Saints, such curious Angels of light; Pharaohs Egyptian Sorcerers were short of these in their Art. And when by that means they had compassed their ends against Hollis and his, they were so far from insisting upon the premises of their former promises and vows, that they resolve upon an Hocas Pocas trick with the King, and so set upon the work (to make him a Pandor to their dominion and power, to make him a skreen betwixt them and the people) and they drive it to a bargain, Cromwel to be made Earl of Essex, and that (beside his George and blew Ribband) to be a Knight of the Garter, his own son to be Bed chamber-man to the Prince, and his Son in law Ireton, either Lord Deputy of Ireland, or at least Field Marshal General of Ireland, and his own Son (that commanded the Gen. Life Guard) said that the King had cast himself upon his father and brother Ireton, to make his terms for him, and restore him again: [Margin note: This was delivered by Lieut. Col. John Lilburne, and offered by him to be made good upon his life, at the Bar of the House of Commons.] And to that end, they frame expedients sutable to his Edition: current; Page: [6-092] Prerogative Principles, cunningly interweaving the same in their business called the Proposals for the selling a just and lasting Peace (as they called it) in the heads whereof were couched the several foundations of Regal Tyranny, seating the whole power and authority of this Nation, fundamentally in the Kings will, making the same supreme, or a law paramount, to all the determinations of Parliament: This is the unanimous voice of the 1, 2, and 3. particulars, under the first general Proposal, and the last is a seal to them all. But this expedient failing them, as to their exorbitant intents, they cast off those robes of Royalty with which they had rendred themselves acceptable with the King’s adherents, and laid aside the King and them, finding the way of an Agreement of the People to be much affected and endeavoured after among the Souldiery, they also invest themselves with that Robe, to hide their deformity from the Army; and the better to allay all motions after the same, they confess and acknowledge the excellency and goodness of the premisses, they only find the same unseasonable; and this was drest out in such taking Saint-like language, as the religious people might best be surprised, not suspecting any venemous thing to be lurking under the leaf of their holy and sacred pretences: they call Fasts (a certain fore-runner of mischief with them) cry, and howl, and bedew their cheeks with the tears of hypocrsie and deceit, confess their iniquity and abomination in declining the cause of the people, and tampering with the King; and humbly, as in the presence of the all-seeing God, acknowledge the way of an Agreement of the People, to be the way to our Peace and Freedom; and even then, as soon as they had wiped their eys and their mouths, they proceed even to death, imprisonment or cashierment of all such in the Army as promoted or owned that Agreement; and to fan and cull all such Asserters of the Peoples Freedoms out of the Army, they proceed to disband 20. out of a Troup; by which the honest party of the Souldiery was very much weakned, and all the promoters of Freedom discouraged, and the people struck into desperation; which gave rise unto the second war amongst our selves, and invasion of the Scots: But the same by the great blessing of God being over, they finding the old affection of the Souldiers not yet quenched or much cooled, and great motions in the several Regiments after the Freedom of the Nation; they then formalize again, and to keep the honest party in suspense, and to wait upon their motions, and to cease from their own; and the better to make way to the ambitious intents of those Grandees, they Edition: current; Page: [6-093] then as a cloke, take up the way of an Agreement again, to present themselves amiable unto us; and a great pudder they make in their Councel about an Agreement, and one they brought forth, but such an one as was most abhorred by such as most fought after the way of an Agreement; so inconsistant it was with the true foundations of equal Freedom and Right; but by this means they so far prevailed over the most constant and faithful friends to the People, as to beget an acquiescence in them for a season, till they in the mean time so far effected their business, as to the introduction of an absolute platform of Tyranie, long since hatched by Ireton, for it was he who first offered that expedient of Government by way of a Councel of State, which was soon after the Armies engagement neer New-market-heath, and which ever since he hath kept in the vail, but now the vail is taken away, and it is now presented to the view of all men; But no sooner was this Monster born into the world, but it devours up half of the Parliament of England, and now it is about adorning it self with all Regal magnificence, and majesty of Courtly attendance, &c. and like the 30. Tyrants of Athens, to head it self over the people: This is, and yet this is not our new intended King, there is a king to succeed, this is but his Vice-roy: O Cromwel! whither art thou aspiring? The word is already given out amongst their officers, That this Nation must have one prime Magistrate or Ruler over them, and that the General hath power to make a law to bind all the Commons of England: This was most daringly and desperately avowed at White-hall; and to this temper these Court-Officers are now a moulding, he that runs may read and fore-see the intent, a New Regality! And thus by their Machiavilian pretenses, and wicked practises, they are become masters and usurpers of the name of the Army, and of the name of the Parliament; under which Visors they have levell’d and destroyed all the Authority of this Nation: For the Parliament indeed and in truth is no Parliament, but a Representative Class of the Councel of War; and the Councel of War but the Representative of Cromwel, Ireton, and Harrison; and these are the all in all of this Nation, which under these guises and names of Parliament, Army, General Councel, High Court, and Councel of State, play all the strange pranks that are play’d.

Deer Countreymen and fellow-souldiers, you that by your adventerous hazards and bloud have purchased a precedency in your Native and just Rights; Consider and weigh these things in your hearts, for surely none are more deeply concerned than your selves, Edition: current; Page: [6-094] none are more highly infringed of their Rights than you; You are not so much as suffered (how oppress’d or abus’d your selves, how sensible of the miseries of the publike soever) to represent your desires or apprehensions to the Parliament; while you are souldiers, you (in their account) are no Free-men, neither have an equal right in the Common-wealth with other of your fellowmembers therein. The General now tells us, if we will petition, we must lay down our swords; these were his own words unto us. It seems he hath forgot the contest of the Army (in which he concurred) with Stapleton and Hollis about their right of Petitioning as Souldiers; Why then (if this must be their received maxime) did he and the General Councel (as by usurpation they call it) present their petition, since we presented ours, and not lay down their swords and their high places, and petition as private Commoners? We are confident it would be an happy day for England, would they but practise that doctrine they preach unto others; But alas deer friends, it is but in this case with them as in all others, they condemned Stapleton and Hollis, because they were not the Stapletons and Hollis’s themselves; they condemned privat correspondencies with the King, because they were not the corresponders themselves; they condemned the force offered to the Parliament by the tumult of Apprentices, &c. because they were not the forcers themselves; they condemned that monstrous declaration of the Parliament against the Souldiers petitioning; they condemned the imprisoning petitioners, and burning petitions, because they were not the Declarers, Imprisoners, and Burners themselves: As who, that doth but consider their waies, may not plainly discern.

But to trace the foot-steps of those Foxes yet a little further, we shall discover their dealings with us. When they heard that the Soldiers were about a petition in behalf of themselves and the people for whom they had engaged, they thereat were highly offended and enraged, and desperate motions upon it were made in their Conventicle (by themselves stiled the General Councel) some moved for an Act of Parliament, that they might have power to try, judge, condemn, and punish all such, whether of the Army or not of the Army, as should disturb them (as they now call it) by petition to the Parl. or otherwise; and upon the modest reply of one, who desired that the execution of civil affairs, might be left to the Magistrate, Col. Huson answered, we have had tryal enough of Civil Courts, we can hang 20. before they will hang one, and in the Lobby at the Parl. dore, the said Huson breathing out bitter invectives Edition: current; Page: [6-095] against us Petitioners, who then were waiting at the dore for an answer to our petition, said thus openly, O that any of them (speaking of the Petitioners) durst come into my Regiment, they should never go out; we shall never be quiet till some of them be cut off for examples, and then the rest will be quash’d; there are 10. about this Town that better deserve to be hanged, than those Lords that are at their Tryal before the high Court. And now the Colonels, Lieut. Col. Maj. Capt. of this Gen. Councel, are now moulding up to that sweet temper, insomuch that about March 6. they concluded on the Act, it must now be death to petition, or for any Countryman to talk to us concerning ours and their Freedom: This enforceth us to put you in remembrance of their former words, for out of their own mouths they are judged.

In the Book of the Armies Declaration, pag. 17. we humbly represent in their and our behalfs, as followeth: 1. That whereas it pleased the Honourable Houses of Parliament, having received information of a dangerous Petition in the Army, to declare and immediately to publish in print to the Kingdom, that that Petition did tend to put the Army in distemper and mutiny, to obstruct the relief of Ireland, and put conditions on the Parliament: And declaring the Petitioners if they shall continue in the promoting and advancing that Petition, shall be lookt upon, and proceeded against, as enemies to the State, and disturbers to the publick Peace.

We cannot chuse, but with sadnesse of Spirit be deeply sensible that so humble and innocent Addresse could beget so strange an Interpretation.

Yet now Stapleton and Hollis being removed, are not they in the same steps? do not they call the Humble and Innocent Addresses of the Souldiers to the Parliament, Disturbance to their proceedings, and to the Publick Peace? And do not they seek for worse than a Declaration, an Act of Parliament, to put to death for Petitioning? And even as Stapleton and Hollis would have divided and broken the Army, under the pretence of relief for Ireland, do not these men now do the like? it was formerly opposed and condemned by them, it is now their own expedient.

In the particular charge against the 11. Members, pag. 83. Article 5. That the said M. Hollis, Sr Philip Stapleton, and M. Glyn, have been and are obstructers and prejudices of several Petitioners to the Parliament, for redresse of publick grievances: And the said Mr Hollis, and Sr Philip Stapleton, in the moneth of May, last past, did abuse and affront divers Petitions, offering to draw their swords Edition: current; Page: [6-096] upon Major Tuleday, and others of the said Petitioners, causing Nicholas Tew to be imprisoned in Newgate, and to be detained a long time there, for no other cause, but for having a Petition about him, which was to be presented to the House: O how carefull were they then, of, the freedom of the People to Petition!

In the eighth Article, fol. 85. Hollis is charged with procuring of the foresaid Declaration against the Souldiers petitioning, as a thing to the great dishonour of the Parliament, to the insufferable injury, the just provocations, discouragement, and discontent of the Army, &c.

O Crumwell, O Ireton, how hath a little time and successe changed the honest shape of so many Officers! who then would have thought the Councel would have moved for an act to put men to death for Petitioning? who would have thought to have seen Souldiers (by their Order) to ride with their faces towards their Horse tailes, to have their Swords broken over their Heads, and to be casheered, and that for Petitioning, and claiming their just right and title to the same? Such dealing as this was accounted in their Representation of Iune the 4. and 5. 1647. to be against the right both of a Souldier and a Subject. And in pag. 33. it thus saith, And if our liberty of Petitioning for our due be denyed us, and be rendred such a crime (as by the said Order and Declaration.) we cannot but look for the same, or worse, hereafter, not only to our selves, but to all the free-born People of the Land in the like case. And so this President (if it stand good) would extend in the consequence of it, to render all Souldiers under this Parliament the worst of slaves, and all Subjects little better. And though there hath been of late in other mens cases, too many dangerous presidents of suppressing Petitions, and punishing or censuring the Petitioners, &c.

Then they could say, (pag. 35.) Let every honest English man lay his hand on his heart, weigh our case, and make it his own, (as in consequence it is) and then judge for us and himself. But if we now lay our hands on our hearts, and weigh their present case, what may we say for them or our selves? we may forbear pronouncing the sentence they have said for themselves and us.

In the Declaration, Iune 14. 1647. fol. 44. We desire, that the right and freedom of the People, to represent to the Parliament by way of Petition, their grievances may be cleared and vindicated.

In the Remonstrance, June 23. 1647. fol. 58. They account the suppressing of Petitioning in the Army, an infringement of the Edition: current; Page: [6-097] Rights and Liberties, both of Souldiers and Subjects. And (fol. 60. of the same Declaration,) a putting the faithfull servants of the Parliament and Kingdom out of the protection of the Law. Divers other passages of moment out of their own Declarations, Remonstrances, &c. might be cited: but here is sufficient to condemne their violence against, and justifie the Souldiery in Petitioning.

Was there ever a generation of men so Apostate so false and so perjur’d as these? did ever men pretend an higher degree of Holinesse, Religion, and Zeal to God and their Country than these? these preach, these fast, these pray, these have nothing more frequent then the sentences of sacred Scripture, the Name of God and of Christ in their mouthes: You shall scarce speak to Crumwell about any thing, but he will lay his hand on his breast, elevate his eyes, and call God to record, he will weep, howl and repent, even while he doth smite you under the first rib. Captain Joyce and Captain Vernam can tell you sufficient stories to that purpose.

Thus it is evident to the whole World, that the now present interest of the Officers is directly contrary to the interest of the Souldiery: there is no more difference betwixt them, than betwixt Christ and Belial, light and darknesse: if you will uphold the interest of the one, the other must down; and as well you may let them bore holes through your ears, and be their slaves for ever, for your better distinction from free men: for what are you now? your mouths are stopped, you may be abused and enslaved, but you may not complain, you may not Petition for redresse; they are your Lords, and you are their conquered vassals, and this is the state you are in: If a Souldier commit but a seeming fault, especially if by their tentred far fetcht consequences they can make it but reflect on their prerogative greatnesse: Oh to what an height that crime as they call it, is advanced? what aggravations and load is laid upon it? and if there be never an Article in their out-landish Mercinary Articles of Warre, that will touch them; yet they find one in their discretionary conclave, that will doe the businesse, for there must be no standing against the Officers; they must be impeached only by their Peers, the Souldier must not say Black is their eye; if they say the Crow is white, so must the Souldier; he must not lisp a sillable against their treacheries and abuses of the State, their false Musters, and cheating the Souldiery of their pay, though it be their constant and familiar practise: that Souldier that is so presumptuous as to dare to Article against an Officer, must be casheered: Quartermaster Edition: current; Page: [6-098] Harby was but the other day casheered, but for delivering in a Charge of Delinquency against Lieut. Col. Ashfield, for his perfideous confederacy with treacherous Lilburn, that betrayed Tinmouth Castle: and dayly honest men are casheered for complaining against their Officers: no interest must now stand in the Army, that is against the interest of the Officers, we must all bow to their Lordships, and lay down our necks under their feet, and count it our honour that they will but be pleased to tread upon us, but like worms we must not turn again, upon pain of death, or casheerment. This makes us call to mind the saying of Ireton to honest Major Cobbett of Snow hill, who for joyning with the Agents of the Army asked him, if he were not deluded in his understanding in joyning with the giddy headed Souldiers: and advised him not to run against the interest of himselfe and the Officers. And now we have plainly found what that interest was, it was long a forging, but is now brought forth: but like a Viper, we hope it will gnaw out their own bowels.

But now dear friends, that you may see that their Conclave of Officers at White Hall hath suckt into it the venome of all former corrupt Courts, and interests that were before them, we shall shew you how the Court of the High Commission, the Star chamber, the House of Lords, the King and his Privy Councel are all alive in that Court, called the General Councel of the Army.

First if you do but remember, the King to his death stood upon this principle. That he was accomptable to none but God; that he was above the Parliament, and above the People. And now to whom will these be accomptable? to none on Earth. And are they not above the Parliament? they have even a Negative voice thereover: Formerly the Commons could passe nothing without the concurrence of the Lords, now they dare passe nothing without the concurrence of the Conclave of Officers: we were before ruled by King, Lords, and Commons; now by a General, a Court Martial, and House of Commons: and we pray you what is the difference? the Lords were not Members both of the House of Lords, and of the House of Commons, but those are Members both in the House of Officers, (the Martial Lords,) and in the House of Commons. The old Kings person, and the old Lords, are but removed, and a new King and new Lords, with the Commons, are in one House; and so under a more absolute arbitrary Monarchy than before. We have not the change of a Kingdom to a Common wealth; we are onely under the old cheat, the transmutation of Names, but with the Edition: current; Page: [6-099] addition of New Tyrannies to the old: for the casting out of one unclean Spirit they have brought with them in his stead seven other unclean Spirits, more wicked than the former, and they have entered in, and dwell there; and the last state of this Common wealth, is worse than the first.

Now as for their High Commission and Star-chamber practises, if you will be pleased to view over an Epitomy of our several Examinations before them; you may have a perfect Embleme of those Courts before your eyes; and to that end (and not out of any vain-glorious folly,) we have subjoyned an Abstract of their Interrogatives, with our Answers; together with their Sentence they passed upon us. But first we desire you to take notice, that the matter which they made the occasion of advantage to proceed against us, was a Paper which we delivered to the General, a Copy whereof (lest you should not have seen it) we herewith present you: and then we shall proceed to our Examinations.

Robert Ward

Ward, Robert

Symon Grant

Grant, Symon

Thomas Watson

Watson, Thomas

George Jelles

Jelles, George

William Sawyer

Sawyer, William

March 1. 1648.

To his Excellency Tho. Lord Fairfax, and his Councel of Officers.

May it please your Excellencie, and your Councel of Officers,

We have lately made our humble addresse unto the peoples Representors in Parliament, concerning some relief to our selves and the Commonwealth, by way of Petition, the meanest and lowest degree of an English mans Freedome that we know of, and yet the same (to our astonishment) hath much distasted and imbittered divers of our Superiour Officers (in this Councel convening) against us, as we perceive, and that even unto death.

We therefore being willing to avoid all occasion of offence and division, and to cleare our selves from all imputations thereof, that in Justice and Reason may be conceived against us, desire, that you would be pleased to consider, that we are English Souldiers engaged for the Freedoms of England; and not outlandish mercenaries, to butcher the people for pay, to serve the pernitious ends of ambition and will in any person under Heaven. That we do not imagine our selves absolved from the solemn Engagement at Newmarket Heath, but to be still obliged before God and the whole world to pursue the just ends of the same; and you may remember your many promises and Declarations to the people upon that accompt, which like the blood of Abel cries for justice upon the perfidious infringers and perverters thereof in this Army. You may further remember, that Edition: current; Page: [6-100] it hath been a principle by you asserted and avowed, that our being Souldiers hath not deprived us of our Right as Commoners, and to Petition the people in Parliament, we do account in the number of our Birthrights; and you may remember that in the time of the domination of Stapleton & Hollis, you complained against their then endeavour to suppresse the liberty of the Souldiers to petition, as an insufferable infringement of the right of the Army and people; and we hope you did not then condemn it in them, to justifie it in your selves: when the power was theirs, it was then condemned; but now it is yours, how comes it to be justified? In the point of Petitioning, we expected your encouragement, and not to have manacles and fetters laid upon it: it is not the bare name or shadow thereof will satisfie us, while we are gull’d of the essence of it self; it is a perfect freedome therein we desire, not therein to be subjected under the Gradual Negative voices of a Captain, a Colonel, your Excllency, or this Councel, to passe the test from one Negative voice to another for its approvement, we account as the most vexatious Labyrinth of thraldom that in this point can be devised, worse then all the opposition and infringements of Stapleton and Hollis; we had rather that in plain terms you would deny us our right of petitioning, and pronounce and proclaim us absolute Slaves and Vassals to our Officers, then secretly to rob us of the right it self. God hath in some measure opened our eyes, that we can see and perceive; and we desire plain dealing, and not to be met half-way with smooth Expedients, and Mediums facing both wayes, with specious and fair pretences, to overtake our sudden apprehensions, and unawares steal upon us, and so be defeated, as too often we have been, to the woe and misery of the people, and of us: but The burnt child dreads the fire.

Further we desire you to consider. That the strength, the honour and being of the Officer, yea and of this Councel (under God) doth consist in the Arme of the Souldier. Is it not the Souldier that endureth the heat and burden of the day, and performeth that work whereof the Officers beareth the glory and name? For what is, or what can the Officer do without the Souldier? If nothing, why are they not ashamed to deny us our right to petition?

We have long waited in silence, even while we could perceive any hopes of any reall redresse from them. But now finding the Military power in an absolute usurpation of the Civill Jurisdiction, in the place of the Magistrate executing that authority, by which the sword of the Magistrate, and the sword of war is incroached Edition: current; Page: [6-101] into the self same hands under one Military head, which we disclaim and abhorre, as not having any hand or assent therein at all. And we find a strange and unexpected constitution of a Councell of State, Such as neither we or our fore fathers were ever acquainted with, intrusted with little lesse then an unlimited power, & with the whole force both of Sea and Land, into which is combined the most pernitious interests of our rotten State, Lords, Lawyers, Star-Chamber Judges, and dissenters from the proceedings against the King, And which hath already swallowed up half our Parliament, and we fear to be an expedient to cut off our Parliaments, for ever; for if this Councel of State survive the Parliament, how shall we obtain a new Representative, if the Parliament sit but till a new one be ready to take their places, farwell Parliaments farwell Freedoms.

Further we find, the just and legall way of triall by twelve men of the neighbourhood in criminall cases, utterly subverted in this new constitution of an High Court, a President for ought we know, to frame all the Courts of England by, and to which our selves may be as well subjected as our enemies. And considering not one oppression is removed, not one vexation in the Law abated, or one punctillio of freedom restored, or any fair hopes at all appearing, but oppression heaped upon the back of oppression, double cruelty upon cruelty, we therefore from those many considerations, betook our selves as English men to make our address unto the Parliament, as the proper refuge and authority of the people for our and their addresse, in which by birth we challenge a right, as also by the price and purchase of our hazard and blood; and our Civill Rights we cannot yeeld up, we shall first rather yeeld up our lives.

And thus after the weak measure of our understandings, we judge we have given a rationall and full accompt of the occasion and reason of our Petitioning, and we hope satisfactory to your Excellency and this Councell, humbly praying that you will make a charitable and fair construction thereon.

And we further desire, that you will take speciall notice of the serious Apprehension of a part of the people in behalf of the Common wealth, presented to the House by Lievt. Col. John Lilburn, & divers other Citizens of London, and the Burrough of Southwarke, Feb. 26. now published in print. To the which with due thankfulnesse to those our faithful friends the promoters and presenters thereof, we do freely and cheerefully concur, to stand Edition: current; Page: [6-102] or fall in the just prosecution thereof, as the most absolute medium to our peace and freedom that hath been produced, and we hope it will produce an happy effect upon this Councell, to prevent the otherwise inavoidable dissolation and devision that will ensue upon us all, which to prevent, shall be the faithfull endeavours of.

Sir,
Your Excellencies most humble
Servants and Soulders,

Robert Ward. Symon Grant.
Thomas Watson. George Jelles.
William Sawyer.

March 1. 1648.

The Examination and Answers of ROBERT WARD, before the Court Martiall, March 3. 1648.

1. Being call’d in before the Court, the President demanded of him whether he owned the Letter, or no: he answered, Yea; and did admire he should be committed to prison for delivering his judgment to them.

2. They asked him where the said Letter was written, and who was present at the writing thereof: He answered, he thought that Court had abominated the Spanish Inquisition, and Star-chamber practice, in examining him upon Interrogatories, contrary to their own Declarations; and he would rather lose his life, then betray his Libertie.

3. They told him, he had not wit sufficient to compose such a Letter: He answered. The Letter he did own; and as for worldly wisdom, he had not much; but he told the Court, he hoped he had so much honesty as would bear him out in this action; and desired them to remember what Paul spake, how that God did chuse the foolish things of the world to confound the mighty.

4. They said, That notwithstanding what he might think of himself touching honesty, they would not be afraid to proceed in Judgment against him: To which he answered, they might do what they pleased, for he was in their hands, and they might take away his life if they would: but he assured they would bring innocent bloud upon their own heads. They answered, They did not much passe what he did say.

5. They did ask why they did print the Letter: To which hee answered, That he had been in prison, and it was impossible he or they should print in prison.

Edition: current; Page: [6-103]

6. They asked how he proved the Civill and Military sword to be both in one hand. To which he answered. That some that sate in Councel with them, did likewise sit in the Parliament and Councell of State, contrary to what they had propounded to the People in their Agreement.

7. They asked what he had to say concerning the Councel of State. He answered, They did consist of corrupt persons; viz. Starchamber Judges, corrupt Lords, dissenters from the Proceedings against the late King, and of taking away the House of Lords: and trusted with little lesse then an unlimited power: now considering the persons, he told them, it seem’d to him very dangerous.

8. They asked him what he had to say concerning the subversion of our Liberties by the High Court of Justice. He answered: that it was a President (for ought he knew) to frame all the Courts in England by; considering that the lesser doth conform it self to the greater, and to which himself might be brought to tryall as well as others and so deprived of all liberty of exception against Triers.

9. They asked what he said concerning that clause, That no oppression was removed; the King and House of Lords being taken away, the chief cause of all oppression. To which he answered, That it was not the taking away of the King and House of Lords that made us free from oppression; for it was as good for him to suffer under the King, as under the keepers of the Liberties of England; both maintaining one and the same thing; viz. the corrupt administrations in the Law, treble dammage for Tythes, persecution for matter of Conscience, and oppression of the poor.

10. They asked what he thought of the serious apprehension of part of the People, in behalf of themselves and the Commonwealth, delivered to the Parliament by Lieutenant Col. John Lilburn and divers others: To which he being about to answer, they put him forth with confidence that he did own it.

After this they were all committed to prison again: and after three hours call’d again before the Court, and there Sentence read; at which time he told the Court, That they might as well take away his coat as his sword, it being his own proper goods, and never drew it against any but the Nations declared Enemies: and he did appeal from them, to a just God, before whom both they and he should one day appear to give an account of their Edition: current; Page: [6-104] actions: For the speaking of which, they told him, that by the Articles of War he did deserve death. He told them, it was more than he knew; and so was carried again to prison. And for this deportment, the Marshal General told him he had no more breeding then a Pig.

The Examination and Answers of Simon Grant.

The President asked him whether he did own the Letter: He answered, he did. Then they asked him when he saw the Letter: He told them, before he came to the Generall. They demanded, how long before: Hee told them, two hours. They asked, when, and at what house, and where he did see it first? But apprehending they had not wherewithall to condemn him, but High Commission like sought an advantage out of his mouth, he replyed, if they had any thing against him as matter of Charge, he desired that they would draw it up against him, and if they would give him time, he would answer it. Yes (said Colonel Baxter) and then he that wrote the Letter, would write the Answer. To which he replyed, It was his pleasure to say so. Then the Judge Advocate asked him, whether he did apprehend the Martiall Sword and the Magisteriall Sword were encroached into one another. He answered, he did apprehend it was so; because he did see daily, that many Souldiers did go about to draw and pull men out of their houses, as well as the Civill Magistrate, yea and more. Then he was asked whether he did own all the Letter: He answered, he did own it all. They told him, there were many lyes in it; and asked whether he did own them. But he replyed, that (as he conceived) there was none: he had set his hand to it, and would own it. Many more such like catchizing Interrogatories they put to him; but as frivolous as these.

The Examination and Answers of Tho. Watson.

The President first demanded of him, whether he did own the Letter: He answered, he did own it. Then Col. Huson standing in the Court, told him, he had proclaimed open Wars against the Generall and the Councell. He answered, that Colonel Huson had past sentence upon him, it was in vain for him to say any thing. One of them replyed, that he knew not the practice of the Court. He answered, that they had no reason to accuse or condemn him for declaring his mind in reference to his Freedom, because they had Edition: current; Page: [6-105] declared in their own declarations, that in such things a man might write and speak his own mind freely. Nevertheless (he told them) if they had a Charge against him, and would produce it, he would answer it, if they would give him time; although they were not capable to judge him, because they declared he had abused the General and the Councel: and he had never heard, that they who were the Accusers, ought also to be the Judges.

Colonel Baxter asked him, Who wrote the Letter. He answered He came not to accuse himself or friends. Then he asked where it was written, and in whose house? He answered, In London. Baxter asked, why he gave orders to have it printed so quickly? He replied, How can you prove that? Then the Judge Advocate told him, it would have been better for him if he had confest, he had found more mercy from the Court, for his obstinacie would gain him nothing. To whom he replied, They had a limited power, and could do nothing but what God permitted them, and they must once appear before a righteous Judge: but as for their Censure, he valued it not. So he was remanded back to prison.

The Examination and Answers of George Jelles.

They demanded if he would own the Letter? He answered, he would, his hand was to it. They asked if he did write it? He answered, he did own it; and desired to know whether they would judge him in matters relating to the freedom of the Commonwealth by their Martial Law? They told him they would, being a Souldier. To which he replied, He was also Commoner of England: but if by their Martial Law he must be judged, he desired to know by what Article, in regard he had broken none? It was answered, upon the Article for Mutinie; and it was death. He replied, he had made no disturbance in the Army; and told them, that in the time of the predominance of Stapleton and Hollis, they then declared the Souldiery might petition the Parliament; but now the power was in their hands, the Souldiery had lost the Liberty thereof; and so desired God and the whole world might be Judge betwixt them. And upon his desiring of them to know whether they had seen the Agreement or no, they answered they had. He replied, it was therein concluded, that the Military sword & the Civil sword should not be encroached under one head. They answered, it was so, but that was left to the next Parliament to alter. But we wish they would tell us when that shall be; it is to be feared, it is never intended; for it Edition: current; Page: [6-106] is scarce imaginable they will ever venture the test of a new Representative, except they keep it under the sword, as they do this: let us have but a free successive Parliament, and wee’ll run the hazard of it.

Thus he that considereth their catching questions, and but remembreth the High-Commission and Star-Chamber proceedings shall find no difference betwixt these Courts, but in name. Wherefore all English Souldiers or Commoners, that have the least spark of true love to themselves and their Countries freedom, are bound now or never, to unite them selves against those Apostates, those Jesuites and Traitors to the people: Those are the Levellers indeed; for what have they not levelled? There is no trust or confidence ever any more to be had in them: for they have broken their faith with all parties, by which they have advanced themselves to this height of dominion into which they are intruded; and now they reigne as Kings, and sit upon the Throne of their Predecessor, whom they removed, to take succession over the people.

And now we shall give you a Copy of their Sentence they passed upon us, the which Baxter being President (as they call it) pronounced as followeth.

Gentlemen; for so I think I may without offence call you, for as yet you are Souldiers, but truly you are not long to continue so: For you are guilty of high crimes, as your Letter here by you owned doth manifest, being scandalous to the Parliament, Counsel of State, High Court of Justice, and tending to breed mutinie in the Army, for which you have in an high measure deserved death; but through the great mercie of the Court that is waved, and truly they have waved the Sentence again and again, and now they are come as low as possibly they can: and it being late, I shall declare unto you your severall Sentences, which are as followeth.

You shall ride with your faces towards the Horse-tailes, before the heads of your severall Regiments, with your faults written upon your breasts, and your swords broken over your heads, and so be cashiered the Army as not worthy to ride therein; & a Proclamation to be made, that none shall receive you into any Troop, Company, or Garison. And this I would have you look upon as a great mercy of the Court.

Which sentence was accordingly executed upon us, in the Great Palace-yard at Westminster, March 6.

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Thus you may see to what passe we are brought. What they have done to us, in the consequence thereof it doth extend equally to you all; for what they have done to us to day, you are liable to suffer to morrow. Thus you may see, they are Wolves in Sheeps clothing, Foxes in the habit of Saints; and their foosteps are in some measure traced and laid open unto you, from their beginning of engageing with the Army to their present Residence in White-Hall: So that from hence we may safely conclude with the saying of Col. Disborrough to Mr. Bull: that they did not intend to keep the Engagement, but provided the Acquiessing businesse at Ware on purpose to make void their engagement, we shall say no more at present, only add a coppy of a petition to the Parliament on which the Soldiers of the Army are proceeding.

To the Supreme Authority of the Nation, The Commons affembled in Parliament: The humble Petition of the Souldiery under the Conduct of THO. Lord FAIRFAX.

Sheweth,

That we esteem the liberty of addresse by way of Petition to this Honourable House, a prime and most essentiall part of Freedom, and of right belonging to the meanest member of this Common-wealth.

That we humbly conceive our being Souldiers to be so far from depriving us of our share in this Freedom, as that it ought rather to be a confirmation thereof to us; we having with our utmost hazard of our lives been instrumentall in preserving the same.

That the power of the Officers doth onely extend to the Marshalling and disciplining of the Army, for the better management and execution of marshall Affairs, and that we submitting thereunto, do perform the utmost of obedience that can be required of us as Souldiers. All which notwithstanding, as we are in the capacity of Common-wealths men, we judge our selves as free as any other of the People, or as our Officers themselves, to represent by way of Petition, to this Honourable House, either our Grievances, Informations, or whatsoever else may tend either to the Right of our selves, or the benefit of the Common-wealth. And this is no more then what our Officers themselves have declared to be our Right, and without which we should be our selves the worst of slaves.

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That the extraordinary actings of the Army, distinctly of themselves, in reference to the Common-wealth, are grounded upon our solemn Engagement at Newmarket and Triploe Heath, June 14. 1647.

That the Souldiery by that Engagement hath an equall Right and Propriety in and to the Transactions of the Army as Commoners.

That the Officers in matters of that concernment are not (without a free election and consent) the Representers of the Souldiers, as Commoners; but are onely their Conductors in Military matters.

That by vertue of our solemn Engagement, nothing done or to be done, though in the name of the Army, can be taken as the sense or the act of the Army, so as to be imputed to the Army, that is not agreed unto by a Councell to consist of those generall Officers who concur with the Engagement, with two Commission Officers, and two Souldiers to be chosen for each Regiment; or by the major part of such a Councell.

That if your Honors conceive it meet in your actings to concur with the actings of the Army, then it is necessary that with the sense of the Officers you also require the sense of the Souldiers, else not to account of it, or trust to it as the sense of the Army; and without this, we conceive, you cannot be safe, for it is small security, as to the act or faith of the Army, to receive the sense of the Officers, without the concurrence of the Souldiers in Councel, as aforesaid.

That being ejected and deprived of our Right and property in that Councell, we still conceive our selves at freedom to Petition this House; but yet in the late exercise thereof (amongst some of us) we have been very much abused and menaced; and Orders thereupon made by the Generall-Councell, to interrupt our free access to this honorable House, subjecting our petitions for approvement, to pass the Test from Officer to Officer, by which the sense and understanding of the Souldier is surprised and overawed to the pleasure of the Officer, that he must neither hear, see, nor speak but by the eyes, ears and mouth of the Officer; so that the Souldiers right of petitioning is hereby taken from them; for to Petition in that case, can be at most but the bare sence of a few Officers; inconsiderable in comparison of the Souldiery, and so not the minde of the Army, for the Officers disjunct, make not the Army.

That to our great grief we are inforced to complain to this honorable House, that some of us, to wit, Simon Grant, Robert Ward, Thomas Watson, William Sawyer and George Jelles were Edition: current; Page: [6-109] sentenced by the Court Martiall, to ride with their faces towards their Horse tails; to have their Swords broken over their heads, and to be cashiered the Army, as unworthy therein to bear any Arms, counting it as a mercy of that Court, that their lives were spared; the which sentence was accordingly executed upon them in the great Palace-yard at Westminster, March the sixth: and all was but for petitioning this House, and delivering a paper of account of that action to the Generall-Councell, which is ready, if call’d for to be produced. The consideration whereof doth exceedingly agrieve us, to think that we should in vain undergo our former hardships, that in stead of addition to our Freedoms, we should in this opprobrious manner be rendred the worst of slaves, for we take it as done to our selves: and that to be deprived of our Rights both as Souldiers and English-men, as unworthy to petition or bear Arms, and that by such as are such glorious pretenders to Freedom, is a matter of amazement to us, considering the Crime (as they call it) was no other then above-mentioned.

Wherefore from these weighty Considerations we are enforced to apply our selves again unto this honourable House, and to desire,

First, That as heretofore and according to Right we may be as free to petition this Honorable House, as other our fellow-members in the Commonwealth, and that we may with free and uninterrupted accesse approach with our Petitions (though by enforcement) without our Officers, as the Officers have done in declining of us; and that for our clear satisfaction you would declare unto us, that it is the undoubted freedome of the Souldiery to Petition the Parliament, either singly of themselves, or joyntly with their Officers, or with any other well-affected of the Nation whatsoever, otherwise we cannot but look upon our selves as vassals and mercenaries, bound up by the pleasure and understandings of other men.

2. That the power of the Officers and present Councel of the Army may extend only to the Marshalling and Disciplinating thereof; and that in matters which concern the Common-wealth, we may not be concluded by these Debates, or any thing of that nature taken as the Judgment of the whole Army, but of the Subscribers only, unlesse we shall personally or deputatively give our approbation and consent thereunto.

3. That you would require a revocation of their Order prohibiting us from Petitioning, but by our Officers.

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4. That our forenamed fellow-Souldiers, by Order of this Honourable House, may berestored to their former places in their respective Regiments.

5. That according to our solemn Engagement, we may not be divided nor disbanded either in part or in whole, or any of us engaged for Ireland, or any service whatsoever, untill full satisfaction and security be given us in relation to our Rights both as Souldiers and Commoners, that we our selves, when in the condition of private men, and all other the free people of England, may not be subject to the like oppression and tyrannie as hath been put upon us.

6. That the desires of our former Petition which in most particulars hath been shadowed forth by a Petition of the Officers, as also the serious Apprehensions of a part of the people, in behalf of the Commonwealth, presented to this House Feb. 26 by Lieut. Colonell Io. Lilburn, may be speedily taken into consideration, and effectually accomplished, that so we may be more and more encouraged to venture our lives in the protection and defence of so good and just Authority.

And your Petitioners shall pray, &c.

FINIS

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John Lilburne

Lilburne, John

24 March 1649

[6]

6.6. [John Lilburne], The Second Part of Englands New-Chaines Discovered (London, n.p., 24 March 1649).

Source

[John Lilburne], The Second Part of Englands New-Chaines Discovered: Or a sad Representation of the uncertain and dangerous condition of the Common-Wealth: Directed To the Supreme Authority of England, the Representors of the People in Parliament assembled. By severall wel-affected persons inhabiting the City of London, Westminster, the Borough of Southwark, Hamblets, and places adjacent, presenters and approvers of the late large Petition of the Eleventh of September. 1648. All persons who are assenting of this Representation, are desired to subscribe it, and bring in their Subscriptions to the Presenters and Approvers of the foresaid Petition of the 11 of Sept. London, Printed in the Year, 1649. (London, n.p., 24 March 1649).

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To the Supreme Authority of England, the Representors of the People, in Parliament Assembled. The Sad Representation of the uncertain and dangerous Condition of the Common-wealth: By the Presenters and Approvers of the Large Petition of the 11. of September, 1648.

IF OUR hearts were not over-charged with the sense of the present miseries and approching dangers of the Nation, your smal regard to our late serious Apprehensions, would have kept us silent but the misery, danger, and bondage threatned is so great, imminent, and apparent, that whilst we have breath, and are not violently restrained, we cannot but speak, and even cry aloud, until you hear us, or God be pleased otherwaies to relieve us.

Nor should you in reason be with-held from considering what we present you withal, through any strangeness that appeareth therein; For what was more incredible, than that a Parliament trusted by the people to deliver them from all kinds of oppression, and who made so liberal effusion of their bloud) and waste of their estates (upon pretense of doing thereof) should yet so soon as they were in power, oppress with the same kind of oppressions, Edition: current; Page: [6-113] which yet was true in the time of Hollis and Stapletons faction, and who, (as the King and Bishops had done before) laboured for an Army to back and perpetuate them therein.

Nor were our Petitions then presented (wherein we justly complained of those oppressions, and fore-warned them of the danger ensuing) the less considerable for their burning them by the hand of the common hangman; Nor the Petitioners the more blame-worthy for being reproched with the names of Atheists, Hereticks, and seditious Sectaries (as now with Jesuite, and Leveller) Aspersions being the known marks of corrupt States-men, and usually working no other effect, but the discredit of the Aspersers. Yet were there then many who believed their reports of us, and they were as impatient with us, for our taxing them with their wicked and pernicious designs, as others are now for our presuming to detect them, who are so high in present power and reputation: But it is now evident, that it is possible for our Physitians to bring us into a more dangerous condition than they found us.

And though experience hath made us wofully sensible, that nothing is more dangerous to any people than their bearing with unjust, covetous, or ambitious practises in those they trust; Yet did we forbear to interpose our judgements, or to oppose those mens designs, until they had made a large progress toward our bondage, and endeavoured to grasp the power of the Army into their hands, thereby to enforce their Tyrannie Upon us; insomuch that it was almost too late to give check to their wicked intentions: so unwilling were we to believe it possible for men who all along pretended liberty and redress of grievances, to degenerate so soon into the grossest Principles and practises of long setled Tyrannies.

And much more do our Consciences bear us witness of our backwardness to believe any evil intentions in those who not only were most vigorous and successful against the common enemy, but seemed so sensible of the injustice and trechery of that prevalent faction in Parliament, as to engage with the utmost of their might, as if they had really intended to deliver the Nation from that dangerous thraldom, so that we both durst, and did many of us, venture our lives upon their fidelity; Yea so powerful, perswasive, and contentful were their first Engagements, Papers, and Remonstrances, so fraught with self-denying Doctrines, tender of the Nation, and satisfaction to all interests; as even regard to the peace lulled all peaceable People into a sound sleep of security, Edition: current; Page: [6-114] casting all their care upon the General Councel of the Army, as upon a People they thought could never have the face to decline either those principles, or to neglect the performance of so many engagements, promises, and protestations, made as in the presence of the all-seeing God, frequently calling upon him, the searcher of all hearts, to bear witness to their integrity and sincerity therein: Insomuch that we (who alwaies with some warinesse observed them) many times denyed our own understandings rather than we would draw hasty conclusions from evident testimonies of their defection.

But when after they had once sleighted the Agitators, and discountenanced those Officers and Souldiers, who first engaged against the destructive Votes of Parliament; such as stood firm to their engagements at New-market, and Triploe Heath: when we saw they not only neglected them, but adhered to persons sent from Parliament and City, in those corrupted times, and fell immediately to plead for Negative Voyces in the King, and Lords; checking and controuling those that opposed: When we understood their General Councels (which according to their engagements ought to have consisted only of two select Commission Officers, and two private Souldiers, chosen by every Regiment, with such General Officers as assented to the Engagement, and no other) were nevertheless overgrown with Collonels, Lieut. Collonels, Majors, and others, not chosen and many of them dissenters from the said Engagement; and that some few eminent persons presum’d above measure therein, and in effect over-awed and controuled those Councels: and that the contrivance of a Councel of State, was the great engine which those Councels laboured to bring about: when we found them not only to Court the King, by kissing his hand, and the like, and that a correspondency was held between him and the General Officers, and Agents sent to and fro continually, whereby they came to so neer a close, as that their Proposals were not only received, but corrected and amended by the King, before they were sent to the House, till they became very consistent with his ends and Prerogative: and those Officers so engaged thereby, as to be moved to impatience towards any that spake a sillable against this their trafique and intercourse with him: upon which likewise, they concluded an Agreement with the opposing Cittizens of London, without so much as calling the Agitators to advize thereupon. Seeing, Hearing, and Understanding these things, no marvel if we were staggered in our Beleefe of their integrity.

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But that a person so deeply charged as the Earl of Manchester, and other grand self-seekers of this House should be entertained with so great respect, and guarded to their places in Parliament, and that notwithstanding the prevailing power of the Army, those who had usurped the Authority of the House, and Voted a new warre, were nevertheless permitted to sit and Vote there, and that contrary to the importunate desires of the Agitators, and the Remonstrance of the Army: and then one of the first fruits of this their conjunction was the passing of an Ordinance for Tythes, upon trebble dammages, which the corrupt Clergy had presented (in the absence of the Speaker) to Pelhams Parliament; and the burning of Mr Biddles Book, by the Common Hangman; and imprisoning his person: and that notwithstanding their glorious March through London, the prerogative Prisoners in the Tower, New-gate, and elsewhere, were utterly neglected, and the Councel of those friends sleighted, who had been instrumental, even to the losse of some, and the hazard of all their lives, to make an easie and unbloudy passage for the Army into Southwark and the City. Upon observation of these and abundant more particulars, which we could enumerate, we concluded, that the Councels of the Army were not steered as at their first engagement, by the select persons chosen thereunto, nor for the ends in that engagement expressed; but by some other powerfull and over-ruling influences, that intended other matters then were pretended, and that laboured by all possible means to convert the honest endeavours of good men in the Army, and elsewhere, and the happy success God had blessed them withall, to the advantage of their Lusts, Pride, and Domination: And as time came on, it more and more appeared, that they intended meerly the establishment of themselves in power and greatnesse, without any regard at all to the performance of their promises and engagements, or any respect to the faith and credit of the Army, or to the peace and prosperity of the Common wealth, and that they walked by no rules or principles either of honesty or conscience; but (as meer pollititians) were governed altogether by occasion, and as they saw a possibility of making progress to their designs, which course of theirs they ever termed a waiting upon providence, that with colour of Religion they might deceive the more securely.

Now that this may appear no slander, we entreat that without partiality, their after proceedings may be throughly scan’d: as first, at Kingston it was proposed by the Agitators, friends of London, Edition: current; Page: [6-116] Southwark, and the places adjacent, that the Tower, City, and Borough, might be secured by the well-affected Inhabitants, and not by Souldiers, that so trade and traffique might be preserved, which otherwise would be driven away (as it soon after proved) And that it was hoped they tended not to secure any place by Souldiers, when the wel-affected Inhabitants were able to secure it. Which advise proceeded as well from our respects to the City and neighbour places, as upon fears of what we know to be the practise of other Tyrants (and therefore doubted would be exercised by those) namely, the garisoning great Towns, thereby to keep the people, as well in poverty, as in continual aw and subjection.

Which advise, though assented unto by the Agitators, was yet rejected by the grand Officers, and a new Regiment raised, to the further charge of the Common-wealth; the Proposers themselves being dismissed with reproches, and the Agitators thrust out, and not permitted to observe how they were dealt withal.

At which time also its very remarkable with how much height of State they observed the King at Hampton Court, visiting him themselves, and permiting thousands of people dayly to visit him, to kiss his hand, and to be healed by him, whereby his party in the City, and every where, were exceedingly animated, his Agents being as familiar at the head-quarters, as at the Court. Then on a sudden, when, the House complyed not with their purposes, in all hast it was to be purged, and thereupon they publish a large Remonstrance, Aug. 18. stuffed with publike reasons, to shew the justness and necessity thereof: but the House again complying, through the sight of their Remonstrance, though no whit changed in respect of its corruption; & they finding, if it were purged, it would not be for their design; they make nothing of their former resolution, but continue it in its corrupt condition, and sit with them themselves.

Then they fall to work again about the King, and send the propositions of New-castle to him, which they knew, and were agreed he should not sign; in the mean time, they so wrought the King by deep promises, and hopes of restauration, as that he inclined much to countenance the Army, gave out words in their favour, and in his answer to the House, prefer’d their Proposals, before the Parliaments Propositions; in lieu thereof, the great ones of the Army themselves, endeavoured the revival of a Treaty, and some of them in the House, were very violent against motions of Edition: current; Page: [6-117] no more Address, and expressed it was the sense of the Army that further Address should be made, and that except they would make Addresses of another nature to the King, they could not promise them the assistance of the Army; and accordingly they take pains to work every man at the head-quarters; upon which, petitions were attempted in the Army, in favour of a Treaty, and some conscientious, but weak people, were drawn to second their design, with a Petition for a Personal Treaty, which they had ready at the House dore.

These strange and mysterious proceedings, occasioned a new face of things in the Army, many of the Officers being much distasted thereat, & whole Regiments chusing new Agents to look after the publike, as fearing things were runing head-long into a most dangerous condition: The far greater number of the Officers, would not by any means indure to hear of the Armies compliance with the King, and the Agents finding all former engagements, promises, and declarations broken, and utterly neglected, and the Common wealth in danger of utter dissolution, produce an Agreement of the People, upon grounds of Common Right, for uniting of all unprejudiced people therein; the great Officers very much oppose it a while, as having set up another Interest: but seing the same take with the Army, profes though at present their judgements could not so far close with it as to act for it, yet they would never oppose it. Hereupon the whole frame of the design alters, and the matters in projection with them were how to disengage themselves, and be rid of the King, and how likewise to discountenance and keep under the discerning party in the Army. In order to the first, they cast about how to get the King into the Isle of Wight, where they might both easier keep others from him, and the more entirely possess him themselves; and that he might with willingness be hurried thither, they work upon his fear; suggesting to him, that there was an intention in some violent persons to murder him, and perswade him to leave that in a letter, as the cause of his remove. To make which the more credible, they wrought L. Col. Hen. Lilburn to asperse his brother John (who then stood in the way of the great men of the Army) with a base & abhorrid resolution of being one that intended to murder the King; to the proof whereof they would never suffer the Asperser to be brought (though solicited thereunto by a Petition from divers well-affected persons) but insteed thereof, for that perfideous service, they advanced him to the government of Tinmouth Castle above his Edition: current; Page: [6-118] brother Robert, where retaining the leven of his Apostacy, which the Gen. Officers had laid in him, he suffered the deserved reward of a perfidious traytor.

And though the General Officers enclined him to this revolt themselves, as well by their example, as by countenancing him in the beginlung thereof; and though for the same he incurred the extreme displeasure of his Father, and Kindred, yet are both his Father and Kindred by the Officers themselves and their Associates aspersed with the fact, as if tainted with guilt and contammination thereof.

Thus did they kill two birds with one stone, framing a Name for them which of all others is most distastefull to the People, and was therefore most likely to beget a beleef of the pretended assassination.

Where (by the way) we desire it may be observed, that notwithstanding the word Leveller was framed and cast upon all those in the Army (or elsewhere) who are against any kind of Tyranny, whether in King, Parliament, Army, Councel of State, &c. And though it was not so much as beleeved to concern those upon whom they cast it, the inventers having often professed as much, yet have they both themselves and by their Instruments industriously propagated the same, and insinuated both this and other slanders of us into the hearts of all the easy and credulous people they could meet withall.

But to returne, The King thus removed, they judge themselves at good leisure to deal with the Agreers for the People, and so suddainly violent they became in that work, that at the first Randezvous neer Ware, they shot a Souldier to death, for pursuing the ends of the Engagement at New-market, and for insisting upon the Agreement for the People; unworthily abused Major Skott, a Member of this House, sent him up a prisoner, and accused him and Col. Rainsborough for appearing in behalf of the Agreement, and therewithall sent Col. Ayres, Major Cobbet, Capt. Bray, and many others after them prisoners to Windsor, where, as Parties, Judges, and Juries, the Officers did what they would against them, sentencing some to death, others to disgracefull punishments, restraining and releasing at pleasure, and with as much Arbitrarinesse as ever was in the world, and could not be diswaded though Mr Saltmarsh and others bore full testimony against the cruelty and injustice thereof. Hereupon at the House they procured at once the imprisonment of five cordial Citizens, for justifying the Agreement of the People, and requiring justice for the blood of the Edition: current; Page: [6-119] Souldier that was shot at Ware, disfranchized them, and under the notion of London Agents forbad their meetings. And when now they thought they had moulded and qualified the Army to their own bent, and had gratified their complying Officers, with the cruelty upon the Levellers (for so they have stiled all who have manifested any sence of Common Right) and had found that they could be nothing so great, rich, and potent, upon a close with the King, and that it would be impossible for them to hold either Officer or Souldier firm to them, in case of such composure. Hereupon uterly to frustrate his hopes that way, they prevail with the House to Vote no more Addresses; and so vanisht away all their glorious flattery of the King and his Party, and their notorious dissimulation appeared, abusing thereby the Faith of the Army, and making it cleer to all discerning men, that such as could so break with one sort of men, will make no Conscience of keeping faith with any.

Their next work was to new-mould the City, and make it theirs, for which purpose they brought some Regiments of Horse and Foot, to White Hall and the Muse, to the extreme discontent of the City, and provoke them further by keeping their Lord Mayor, and some of their Aldermen in the Tower, without admitting them to a Legal Tryal, though upon Petitions and earnest Desires: at last they were referred to be tryed by the Lords, contrary to the known Law of the Land; but their jurisdiction being disclaimed, after a while they were released without any Tryal at all, their end being accomplisht, which was the terror of the City, and changing the Magistrates thereof, so as should best serve their designes.

About this time also they began to exercise their Marshal power over persons not of the Army, and did sentence Mr William Thomson to death at White Hall. And then also they began to new moddel the Army, and for that end, though the new raised Regiment for the Tower was thought no burthen, yet upon pretence of easing the charge of the Common wealth, the Life-Guard must be disbanded, because consisting of discerning men, faithfull to their Country and former promises, and many others of like principles were pickt out of every Regiment; the designe being by weeding the choisest and best resolved men, to make the Army wholy mercenary, slavish, and the Executioners of a few mens lusts and lawlesse Pleasures.

All which those good men perceiving and resolving thereupon not to be disbanded according to the Agreement at New market, till the ends therein expressed were fully gained, they were enforced Edition: current; Page: [6-120] thereunto by Tyrannicall Sentences of Imprisonment and Death (though the Officers themselves had formerly refused to disband upon command of Parliament upon the same grounds and strength of the same engagement:) By all which t’is evident, that according to the maxime of Polititians, they judge themselves loose, where other men are bound; and that all obligations are to them Transitory and Ceremoniall, and that indeed every thing is good and just only, as it is conducing to their corrupt and ambitious interests.

And thus the most hopefull opportunity that ever England had for recovery of our Freedome, was spent and consumed, in such their uncertaine staggering motions, and arbitrary, irrationall Proceedings, whereby all partyes became extreamly exasperated, as People that had been meerly mock’d and cheated by faire promises, and under the most religious Pretences &c. Hereby the Army that had but few moneths before been the joy and hope of all sorts of Rationall People, was made a by-word, a hissing and a Reproach to the whole Nation: insomuch that those (in hope of their large good Promises, and protests in their Declarations) who thought nothing too precious for them, now grudged them bread & were ready to stone them in all places where they came; Trade fled Poverty increased, and discontents abounded, till at length broke out such a flame as no time had ever seen before; and no doubt was the propper issue of such horrid delusion, ministring such matter for a generall Rising and Revolt, as all former policies could never attain to, and more threatning the ruine of the Nation then all the former forces and stratagems of the enemies; and which is rightly to be imputed to the unjust partiall and perfidious dealings of these men.

But when they saw what a strange predicament they had brought themselves into and which they would never beleeve, till it was come upon them (no more then now they will) they had before manifested a greater obstinacy, then now they did a serious Repentance (which yet as the sequell proves, was but a counterfeit) though (as God knoweth) we were overjoyed to beleeve it reall: Acknowledging, with the greatest expressions of sorrow, that they had walked by corrupt Pollitick Principles; That they had been to blame in Actings against honest men; That the name of Leveller, Jesuite or the like reproaches, should never be more heard amongst them, that if ever the Nation be happy, it must be by a conjunction in the Levellers Principles, calling upon all, to lay by all Edition: current; Page: [6-121] Discontents, to forget and forgive, and to unite all against the Common enemy and promising with greatest asseverations, That if God, upon our joynt endeavors, should be pleased to deliver us out of this Sea of danger, that they would never divide from just Principles, nor in the least discountenance honest men as they have done, nor endeavor to set up a party, but cast themselves upon an agreement of the People for the future settlement of the Peace of the Nation: but how and what performance they have made, that we shall intreat, may be impartially observed in the ensuing story; And for a full and timely proofe of their Relapse, & Discovery of their dissimulation; No sooner had they (through Gods blessing and the assistance of their reconciled friends) finished their worke at Colechester, but presently they call to question certaine Persons, that had appeared at St. Albanes in behalf of Captaine Reynalds, chusing rather to forsake the Service, then to be commanded by Captaines, that had been violent against them, that had drunke the Kings Health upon their knees, and profest they could rather fight against the Levellers then Cavaliers, and these (according to their old wont) they sentenc’d to Death, and soon after releast them, as finding or supposing this kinde of Discipline most essentiall, to the breaking and debasing the spirits of the English.

And because Col. Rainsborough had ever opposed their unjust Proceedings, they withdraw him from the Army, by a plausible, but a Tittular command at sea, where by the straitness of his Commission, he not having thereby the command of the Shippes or Officers, he could neither restrain their Revolt, nor preserve himself from being expulsed at the Seamans pleasure out of that employment.

Then upon his return the ruling Officers finding him as inflexible to their ends as formerly, they put him upon that dangerous and unhappy Service before Pomfret (notwithstanding a Commander had been appointed thereunto by the Committee of Yorke) whether he went with much Reluctancy and discontent, as wondering at the Cause of his being Design’d thither, and expressing as much to his Friends, his sad soul presaging the misfortune, which after befell him. But that which gives greatest cause of grief and suspect to his friends, is, that his Brother receives no furtherance, but rather, all discouragement that may be in searching after, and prosecuting the causers of that so bloody and inhumane a Butchery.

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In the North, though during the Service and Necessities of the Army, the Levellers (as they are call’d) were countenanc’d and taken into the Bosome, who thereupon (forgetting all former affronts and disrespects) did liberally hazzard their lives, without suspition of fraud and delusion Yet the Necessities being over, and the enemies subdued) they renew fresh disgraces, and fall into a greater Odium, and contempt than ever.

First, divers Souldiers for Petitioning in the behalfe of Major Reynolds, that he might serve in the room of Major Huntington, were therefore rated, and threatned to have their skulles cutt, and some of them struck for so Petitioning; Major John Obit, who with the extreamest hazard of his life, had regained Tinmouth Castle, where his Superior Commander had through the dangers and Difficulties by storme, refused, and a Member of Parliament taken from his duty there & contrary to the self denying Ordinance, made Governor thereof. Major White, who in all the desperate services in the North, had performed the duty of Lieutenant Colonel, and Major both in the Generalls Regiment, yet because a constant man to his Promises and Principles, was refused the Lieftenant Colonelship, and a man of a more complying Spirit fetch’d from another Regiment to officiate therein.

And this was the usage not onely to these Gentlemen, but to all others whether Officers, or souldiers in North or South (for their Counsells were one in both) that did retaine a sense and Resolution to prosecute those good things intimated in their former Ingagements.

And as before, upon their first great Successe against the City, when now again it justly was expected they should have made use of so notable and unexpected Blessings to the benefit & advantage of the Commonwealth, (as their late repentances, promises and Pretences gave men cause to hope) the event proved, they intended another use thereof, for (having now subdued all their enemies), they proceed with greater confidence to their former purposes, of making themselves absolute masters over the Common-wealth) wherein there yet appears one main obstacle) and that in all Well-minded People (especially in that numerous People that concurred in the Petition of the Eleventh of September) to center in an Agreement of the People, which if not evaded, it would be impossible for them to goe through with their Worke: hereupon againe they cry out for Union, and imploy their Agents to get meetings, and Treaties with those that were most forward for an agreement Edition: current; Page: [6-123] & contract with them to center in an Agreement, and that the Matter of the Petition of the Eleventh of September (as was desired) should be the substance of that Agreement: There being no full other way then by this yeelding in shew: to amaze this busie watchfull Party, and to keep them quiet, whilst they went on with other pieces of their worke.

For what else, hath all the time spent thereabouts produc’d, but a meer amusing, blinding and deluding all that cordially desired the same, it being (before they left it) so obscur’d and perplext in the sence thereof so short of what was intended, and so corrupted in many perticulars, that those most loathld it, that most desir’d it; in the mean time, whilst they had fixt good mens eyes and thoughts upon that Worke, they secretly and swiftly prosecute their other Designes as principall in their purposes, wherein questionlesse they had not had the assistance of good men, but that it was verily beleeved in shew of driving on their owne Designe, they were really and cordially producing a perfect and complete Agreement of the People, as large both in grounds of Freedome, and redresse of grievances, as the Petition of the Eleventh of September, in the uttermost extent thereof did import.

Many of which Petitioners were not satisfyed but that such an Agreement of the People might then have been obtained without any of those extraordinary sudden and violent Courses lately taken, neither in bringing the Army to the City, breaking the House in pieces, or removing the King by such an extra-judiciall Proceedings and Court of Justice, as had no place in the English Government, and did really foresee, there would be nothing but abuse in their pretence of an Agreement of the People: and that their own domination, in and by a Counsell of State, was the maine thing aimed at, and intended.

The Removing the King, the taking away the House of Lords, the overawing the House, and reducing it to that passe, that it is become but the Channell, through which is conveyed all the Edition: current; Page: [6-124] Decrees and Determinations of a private Counsell of some few Officers, the erecting of their Court of Justice, and their Counsell of State, The Voting of the People the Supreame Power, and this House the Supreame Authority: all these Particulars, (though many of them in order to good ends, have been desired by Wel-affected People) are yet become, (as they have managed them) of sole conducement to their ends, and Intents, either by removing such as stood in the way between them and the Power, wealth, or command of the Common-Wealth; or by actually possessing and investing them in the same.

And though all this was foreseen by us, yet so perswasive were their insinuations in the ears of many good & well disposed People, both Souldiers and others, that they have been really carried away with beliefe of them, and reliance upon them, and have thought they could not better imploy their time and abilities, then in affording them all furtherance, and assistance that might be.

So that their only Feares remaine upon our Discoveries, to prevent which they use meanes, that either we might not have opportunity to lay open their Treacheries, and Hypocrisies, or not be beleeved if we did it.

In order to the first, They strictly stop the Presse; In order to the second; They blast us with all the Scandalls and false Reports their Witt or Malice could invent against us; and so monstrously wicked have they been in this particular, that they have pry’d into all our Actions, made use of all our acquaintances and friendly intimacies, and in conclusion, have onely produced such scandalls, as have been customarily used by former Statesmen, and such when scan’d and examined, contains both contrariety in themselves, and have not the least ground of Truth, as concerning us.

By these Arts are they new fastened in their Power, till either by opposition from the enemy, which they may well expect God will raise against them, as the deserved Recompence of their vile Apostacy; or by the weight and Violence of their many Injustices which (in the wicked course they are in) must every day be multiplyed, till they be thrown down from their usurped greatnesse.

They have already lost the Affections of all People, and are onely supported by their present strength; but when once those good men that hold them up, shall perceive how instrumentall they are made, contrary to their intentions, in advancing a few lofty and imperious mens designes; and how easy it is for them to Edition: current; Page: [6-125] convert their abilities & power to better, and more common ends exprest in their former engagements, and with the complaints of the agrieved people, and their owne understandings can furnish them withall, they will then lament that they have so long been out of the way, and set themselves with the utmost courage & resolution to free their distressed Country from the fears and captivity it now groans under. They may talk of freedom, but what freedom indeed is there, so long as they stop the Presse which is indeed and hath been so accounted in all free Nations, the most essentiall part thereof, imploying an Apostate Judas for executioner therein who hath been twice burnt in the hand, a wretched fellow, that even the Bishops and Star-chamber would have sham’d to own. What freedom is there left, when honest & worthy Souldiers are sentenc’d and enforc’d to ryde the horse with their faces reverst, and their swords broken over their heads for but Petitioning and presenting a Letter in justification of their Liberty therein: if this be not a new way of breaking the spirits of the English, which Strafford and Canterbury never dreampt of; we know no difference of things. A taste also of Liberty of Conscience they have given us in the Case of a worthy Member of your House; so as we may well judge what is like to follow, if their Reigne continue. And as for Peace, whilst the supream Officers of the Army are supream in your House, in the Councel of State, and all in all in the generall Counsell of the Army, when the martiall power is indeed supream to the Civill Authority, what Peace can be expected; we professe we see no councells tending to it, but hereof mighty and vast sums of money to be taxed upon the People per mensem, as if warre were become the only trade, or as if the people were bound to maintain Armyes whether they have trade or no; yea, whether they have bread or no.

And as for the prosperity of the Nation; what one thing hath been done that tendeth to it? Nay, hath any thing been done since they were in power? but what increaseth the rancor, hatred, and malice, which our late unhappy differences have begotten amongst us, as if they had placed their happiness and security in the total division of the People, nothing being offered by them, that hath any face of reconcilement in it, nothing of cheerfulnesse or generall satisfaction, the mother of trade & plenty, that might take away the private remembrances and destinctions of partyes, nothing indeed, but what tendeth to implacable bitternesse of spirit, the mother of confusion penury, and beggery.

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Nay what sence of the heavy burdens of the people have they manifested of late, hath it not been by their procurement that the Judges their creatures have a thousand a yeer allow’d to every one of them above the ordinary fees? which were ever esteemed a heavy oppression in themselves: is there any abridgement of the charge, or length of time, in triall of causes? are they touch’d with the generall burthen of Tithes, that canker of industry and tillage? or with that of exize, which out of the bowells of labourers and poor people enriches the Usurers, and other Catterpillars of the Commonwealth: or what have they done to free Trade from the intolerable burden of Customs? except the setting fresh hungry flyes, upon the old sores of the People? What one matteriall thing did they offer unto you in their late Petition, which you gave them so many thanks for terming their desires modest and descreet; when it’s evident by the contents, they did it only to stop the mouths of their Souldiers, & to amuze them into a pleasing dream, whilst they go on with their designe of absolute domination & which should you in the least oppose, you would finde their modesty no more towards you, then towards your excluded members: In the mean time, where is their Charge against those Members? or why finde they not who amongst them have conferred offices upon each other, and upon their Creatures and relations? or who they were that gave so large Donations of thousands and hundreds per annum whilst the Publick Faith is broaken, and Families are ready to starve for emptying themselves to serve the publick necessities; or why discountenance not they all those who have betrayed the trust of Feoffes for Bishops, and Delinquents lands? and are become purchasers themselves of great Estates for very few yeers purchases, the due value rightly considered: or why blame they not the Lord chief justice and Lord chief Baron for keeping their places, which were conferred on them (and the like on others) by this House, when those Members sate there, they have excluded? or why finde they not out those perfidious persons, that have made no conscience of breaking the self-denying Ordinance, and persist therein? or is the reason visible why they have nothing to say against those sorts of men, namely, because these are their own, and their Creatures cases? Oh wretched England, that seeth, and yet suffereth such intollerable Masters. What can be expected from such Officers, who frequently manifest a thirst after the blood of such People, and Souldiers, as are most active for the common Freedom, peace & prosperity of Edition: current; Page: [6-127] the Common wealth, and against whom they have nothing else to object: or what can be expected from such a Counsel in the Army, as shall agree that the supream authority should be moved to make a Law, That that Counsel of Officers may have Power to have and put to death all such persons, though not of the Army, as they should judge, were disturbers of the Army.

Certainly these things cannot but manifest unto you their very hearts, their inward purposes and Intentions, representing visibly before you and all the World, the most dangerous condition, that ever yet this Nation hath been in: And if there be any Conscience towards God or man to be found amongst you, the whole sinews and progresse of this our sad Representation, is so fully knowne, and fresh in memory, that it is impossible, but it must worke upon all amongst you that are not Co-partners with them in their Designe, or are not engaged (as the Lawyers are) in some corrupt Interest.

But though this long betrayed and miserable Nation should prove so unhappy as that there should not be one found amongst you to owne these known Trueths, which yet ring in every mans eares, throughout the Land; but though feare, or other vile respects, should shut your eyes against the light: it shall be so farre from inducing us, to repent of what we have herein (or in our late Apprehensions) expressed, and set before you, that we shall rejoyce above measure, that we have witnessed to the Trueth; and against all those Delusions and perfidious Stratagems, lay’d by those men to betray and enslave the Common wealth, to their own Pride, Ambition, Lusts, Covetousnesse, and Domination, if not Dukeship, or Kingship; their Creatures discoursing of late, That the Power must be reduced to one: what their meaning is, time (if they be not hindred) Will manifest: but the Premises duly weighed, cloth evidence, what ere it be, it will be as bad, as bad possibly can be.

And as we shall not altogether doubt of the appearance of some in this Honorable House, that will conscionably performe that Supreame Trust which is really and essentially resident in your integrity; what ever may be suggested to the contrary: (it being not others treachery, nor anyes violence, that can divest you of that Authority:) but if you all should fayl therein, as God forbid, yet we shall not doubt, but that what we have here presented, and published, Will open the eyes, and raise the hearts of so conscionable a number of the Souldiary and People in all places, and make them so sensible of the bondage and danger threatned, Edition: current; Page: [6-128] as that these men, this Faction of Officers, shall never be able to goe through with their wicked intentions.

It being an infinite shame that they should be suffered to proceed so farre therein, as they have done, there having beene no party hitherto so inexcusable for it is possible, if not probable that the King and his party might at first be induced to offend through error of breeding, long custome, and sway of times, (although that excuse neither him nor them) That Hollis, and that party, might at first be drawne into their violence, against people faithfull to the Common wealth through an erroneous zeale against supposed Sectaries, and for uniformity in Presbytery (though that also but little extenuates their offence) but neither the one nor the other can be imagined to have transgressed against so evident light, nor against so many and great obligations of love, and great respects from the people as this party hath done; So that the intentions, and endeavours of these men, to enslave the Common-wealth, or their continuing of burthens, without any remorse at the dearnesse of food, and the utter losse of trade, exceeds in the nature and measure of it, all the wickednesse of both the other parties put together.

And therefore upon due consideration of the premises and in utter detestation of their most perfidious and treacherous dealing with the Army, Parliament and Common-wealth; we do in behalf of our selves and all wel-minded people, here before this Honourable House, as in the presence of Almighty God, protest against their breaking the faith of the Army with all parties, their dissolving the Councel of the Agitators, and usurping a power of giving forth the sence of the Army to the Parliament and people, also against the shooting of the Souldier to death at Ware, and their cruelties exercised on other persons, to the debasing of their spirits, and thereby new moulding of the Army to their owne designes, then playing fast and loose with the King and his party, till they brought a new and dangerous Warre upon the Nation.

We also protest against their dissembled repentances, as in no measure satisfactory for so abominable offences: we also protest against all their late extraordinary Proceedings, in bringing the Army upon the City, (to the ruine of trade) there breaking the House in pieces without charging the Members particularly: And then judging and taking away of mens lives in an extraordinary way, as done for no other end, but to make way for their owne absolute domination: we also protest against the Election and Edition: current; Page: [6-129] Establishment of those High-Courts of Justice, as unjust in themselves, and of dangerous Presidence in time to come; as likewise against the Councell of State, and putting some of themselves therein contrary to their owne Agreement: we also protest against all other the like meetings of those officers, that on Thursday the 2. of February last, voted for so bloody a Law, as to hang whom they should judge, disturbed the Army, (as having no power either by such Councels, either to give the sence of the Army, or to judge any Person not of the Army, or to do any thing in reference to the Common-wealth, more then what any, so many fifty Souldiers or persons not of the Army have power and may lawfully do: though all the Generall officers were continually present:) these we protest against, as things unjust abominable and dangerous and declare that our present not seeking for justice or reliefe therein, shall be no bar against us for the future, when we shall see cause to seek for Justice and reliefe therein.

And for the truth of our Judgements herein: we should with gladnesse submit unto the determinations of this Honourable House, were not their High hand as yet held over you. And therefore we are enforced to appeale to a new Representative, equally chosen in such like manner, as is exprest in our serious apprehensions lately presented unto you, and do likewise desire that you would encourage the Army in chusing a Representative, consisting of select Persons chosen by every Regiment of the Army, as at the first at New-market: and shall humbly pray that you will not any more receive the result of a few officers, as the sence of the Army, the officers of an Army having no more power to make Laws for an Army, then the officers of the Common wealth to make Laws for the People; both of them being constituted only for the Discipline, and Government thereof. We hope you will proceed to further an Agreement of the People; according to our late desires in our serious Apprehensions, and also speedily take in hand and effect those other things therein desired, tending very much to the abrogation of the bondage intended.

Thus have we once more unburdened our hearts before you, and faithfully discharged our duties to our Country, giving timely warning of the most dangerous thraldom and misery that ever threatned this much wasted Nation, and much we doubt not, wil, by wisdom mixt with som honest resolutions, be timely prevented: which we shall exceedingly rejoyce to see, that so after so many yeers of sorrow, the people may at length be comforted, and the Edition: current; Page: [6-130] Land enjoy her rest; and that all the world may be enforced to confess, That There is a reward for the righteous, and that there is a God that judgeth the earth.

FINIS.

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John Lilburne

Lilburne, John

Thomas Prince

Prince, Thomas

Richard Overton

Overton, Richard

4 April, 1649

[7]

6.7. John Lilburne, Thomas Prince, Richard Overton, The Picture of the Councel of State (n.p., 4 April, 1649).

Source

John Lilburne, Thomas Prince, Richard Overton, The Picture of the Councel of State, Held forth to the Free people of England by Lieut. John Lilburn, Mr. Thomas Prince, and Mr. Richard Overton, now Prisoners in the Tower of London, Or, A full Narrative of the late Extra-judicial and Military Proceedings against them. Together with the Substance of their several Examinations, Answers and Deportments before them at Darby house, upon the 28. of March last. Printed in the Year, 1649. (n.p., 4 April, 1649).

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John Bradshaw

Bradshaw, John

The Picture of the Councel of State, Held forth to the Free People of England, By Lieutenant Coll. John Lilburn, M. Thomas Prince, and M. Richard Overton. The Narrative of the proceedings against Lieut. Coll. John Lilburn, thus followeth.

ON WEDNESDAY the 28. of March 1649 about foure or five a clock in the morning, my Lodging at Winchester-house was beset with about a hundred or two hundred armed men, Horse and Foot, one of which knocking at my chamber doore, I rise and opened him the doore, and asked him who he would speak with, and what he would have? He replyed, he was come to take me Prisoner, where upon I demanded of him to see his Warrant, he told me he had one, but had it not here, but as soon as I came to Pauls I should see it; I told him if he walked by the rules of Justice, he ought to have brought his Warrant with him, and to have shewed it me, and given me leave to have coppied it out, if I had desired it; but divers of the foot Soldiers rushing into my roome at his heeles, I desired him to demeane himself like a Gentleman, and not with any incivilities affright my children & family, for if it were nothing but my person he would have, I would but make me ready and go along with him without any more a doe, whither he would carry me, for his power of armed men was beyond my present resisting, or power to dispute, so I desired him and another Gentleman with him to sit down, which they did, and when I was almost ready to go, I demanded of him whether it would not fully satisfie his end, in my going along with him and one or two more Edition: current; Page: [6-133] of his company in a boate, and I would ingage unto him as I was an Englishman, there should be no disturbance to him by me, or any in my behalf, but I would quietly and peaceably go with him, wherever he would have me; but he told me no, I must march through the streets with the same Guard that came for me, I told him I could not now dispute, but it would be no great conquest to lead a single captive through the streets in the head of so many armed men, who neither had made resistance, nor was in any capacity to do it, and coming down staires into the great yard, I was commanded to stand till the men were marshalled in Rank and File, and two other Prisoners were brought unto me, viz. my Land-lord, Mr. Devennish’s two sons, but for what they knew not, nor could imagine; So away through the streets the armed Victors carry us, like three conquered Slaves, making us often halt by the way, that so their men might draw up in good order, to incounter with an Army of Butter-flies, in case they should meet them in the way to rescue us their Captives from them; so coming to Pauls Church, I there meet with my Comrade Mr. Prince, and after imbraces each of other, and a little discourse, we see our acquaintance M. William Walwin marching at the head of another Partie as a captive, and having understood that our being seised as Prisoners was about a new addresse by way of Petition to the Parliament, intituled the second part of Englands new chains discovered. We could not but wonder at the apprehending of M. Walwin about that, he having for some moneths by past (that ever I could see, or hear of) never bin at any of our meetings, where any such things were managed; But Adjutant General Stubber that was the Commander of the Party coming then to view, I repaired to him, and desired to see his Warrant by vertue of which his men forced me out of my bed and habitation, from my wife and children, and his Warrant he produced, which I read, he denying me a coppy of it, though both there and at White-Hall I earnestly demanded it as my right, the substance of which so neere as I can remember, is from the Committee, commonly stiled the Councel of State, to Authorise Sir Hardresse Waller, and Collonel Edward Whalely, or whom they shall appoint, to repaire to any place whatsoever, where they shal heare Lieut. Coll. John Lilburn, and M. Prince, M. Walwin, and M. Overton are, them to apprehend and bring before the Councel of State, for suspition of high Treason, for compiling &c. a seditious and scandalous Pamphlet &c. And for so doing, that shal be their Warrant.

Signed JOHN BRADSHAW President.

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And in the same paper is contained Sir Hardress Wallers, and Col. Whaley’s Commission or Deputation to Adjustant General Stubber, to apprehend M. Walwin, and my self; who with his Officers, dealt abundantly more fairly with us, then I understand Lieut. Col. Axestell dealt with M. Prince and M. Overton, From which Lieut. Col. if there had bin any harmony in his spirit to his profession, abundance more in point of civility, might have bin expected, than from the other, though he fell much short.

But when we were in Pauls Church-yard, I was very earnest with the Adjutant General, and his Ensigne that apprehended me (as I understood by the Adjutant he was) that we might go to some place to drink our mornings draughts, and accordingly we went to the next dore to the School-house, where we had a large discourse with the Officers, especially about M. Divinish sons, we understanding they had no warrant at all to meddle with them in the least, nor nothing to lay to their charge, but a private information of one Bull their fathers tenant, between which parties there is a private difference, we told them, we could not but stand amazed, that any Officer of an Army durst in such a case apprehend the persons of any Free-man of England, and of his own head and authority, drag him or them out of his house and habitation, like a Traytor, a Thief, or a Rogue, and they being ashamed of what they had done to them, at our importunity, let both the yong men go free. So away by water we three went to White-hall, with the Adjutant General, where we met with our friend M. Overton. And after we had staid at White-hall till about 4. or 5. of the clock in the afternoon, we were by the foresaid Adjutant carried to Darby house, where after about an hours stay, there were called in Lieu. Col. Goldegne, a Coalyard keeper in Southwark, and as some of good quality of his neighbours do report him to have bin no small Personal Treaty man, and also Capt. Williams, and M. Saul Shoe-maker, both of Southwark, who are said to be the Divels 3. deputies, or informers against us; and after they were turned out, I was called in next, and the dore being opened, I marched into the Room with my hat on, and looking about me, I saw divers Members of the House of Commons present, and so I put it off; and by Sergeant Dendy I was directed to go neer M. Bradshaw, that sate as if he had bin Chairman to the Gentlemen that were there present; between whom, and my self, past to this following effect.

Lieut. Col. Lilburn (said he) here are some Votes of Parliament that I am commanded by this Councel to acquaint you with; Edition: current; Page: [6-135] which were accordingly read, and which did contain the late published and printed Proclamation or Declaration, against the second Part of Englands New Chains discovered, with divers instructions, and an unlimitted power given unto the Councel of State, to find out the Authors and Promoters thereof. After the reading of which, M. Bradshaw said unto me, Sir, You have heard what hath bin read unto you, and this Councel having information that you have a principal hand in compiling and promoting this Book, (shewing me the Book it self,) therefore they have sent for you, and are willing to hear you speak for your self.

Well then M. Bradshaw, said I, If it please you and these Gentlemen to afford me the same liberty and priviledge that the Cavaliers did at Oxford, when I was arraigned before them for my life, for levying War in the quarrel of the Common-wealth, against the late King and his Party (which was liberty of speech, to speak my mind freely without interruption) I shall speak, and go on; but without the Grant of liberty of speech, I shall not say a word more to you.

To which he replyed, That is already granted you, and therefore you may go on to speak what you can or will say for your self, if you please; or if you will not, you may hold your peace, and with draw.

Well then (said I) M. Bradshaw, with your favour, thus. I am an Englishman born, bred, and brought up, and England is a Nation Governed, Bounded, and Limitted by Laws and Liberties: and for the Liberties of England, I have both fought and suffered much: but truly Sir, I judge it now infinitely below me, and the glory and excellency of my late actions, now to plead merit or desert unto you, as though I were forced to fly to the merit of my former actions, to lay in a counter-scale, to weigh down your indignation against me, for my pretended late offences: No, Sir, I scorn it, I abhor it: And therefore Sir, I now stand before you, upon the bare, naked, and single account of an Englishman, as though I had never said, done, or acted any thing, that tended to the preservation of the Liberties thereof, but yet, have never done any act that did put me out of a Legal capacity to claim the utmost punctilio, benefit, and priviledge that the Laws and Liberties of England will afford to any of you here present, or any other man in the whole Nation: And the Laws and Liberties of England are my inheritance and birth-right. And in your late Declaration, published about four or five daies ago, wherein you lay down the grounds Edition: current; Page: [6-136] and reasons (as I remember) of your doing Justice upon the late King, and why you have abolished Kingly Government, and the House of Lords, you declare in effect the same, and promise to maintain the Laws of England, in reference to the Peoples Liberties and Freedoms: And amongst other things therein contained, you highly commend and extol the Petition of Right, made in the third yeer of the late King, as one of the most excellent and gloriest Laws in reference to the Peoples Liberties that ever was made in this Nation, and you there very much blame, and cry out upon the King, for robing and denying the people of England the benefit of that Law, and sure I am (for I have read and studied it) there is one clause in it that saith expresly, That no Free-man of England ought to be adjudged for life, limb, liberty, or estate, but by the Laws already in being established and declared: And truly Sir, if this be good and sound Legal Doctrine (as undoubtedly it is, or else your own Declarations are false, and lyes) I wonder what you Gentlemen are, For the declared and known Laws of England knows you not, neither by names, nor qualifications, as persons endowed with any power either to imprison or try me, or the meanest Free-man of England, And truly, were it not that I know the faces of divers of you, and honour the persons of some of you, as Members of the House of Commons that have stood pretty firm in shaking times to the Interest of the Nation, I should wonder what you are, or before whom I am, and should not in the least honor or reverence you so much as with Civil Respect, especially considering the manner of my being brought before you, with armed men, and the manner of your close sitting, contrary to all Courts of Justice. M. Bradshaw, it may be the House of Commons hath past some Votes or Orders, to authorise you to sit here for such and such ends as in their Orders may be declared: But that they have made any such Votes or Orders, is legally unknown to me, I never saw them. Its true, by common Fame you are bruted abroad and stiled a Councel of State, but its possible common Fame in this narticular may as well tell me a ly as a truth: But admit common Fame do in this tell me a truth, and no ly, but that the House of Commons in good earnest have made you a Councel of State, yet I know not what that is, because the Law of England tells me nothing of such a thing, and surely if a Councel of State were a Court of Justice, the Law would speak somthing of it: But I have read both old and new Laws, yea all of late that it was possible to buy or hear of, and they tell me not one word of you, and therefore Edition: current; Page: [6-137] I scarce know what to make of you, or what to think of you, but as Gentlemen that I know, I give you civil respect, and out of no other consideration: But if you judge your selves to be a Councel of State, and by vertue thereof think you have any power over me, I pray you shew me your Commission, that I may know the better how to behave my self before you. M. Bradshaw, I will not now question or dispute the Votes or Orders of the present single House of Commons, in reference to their power, as binding Laws to the people; yet admit them to be valid, legal, and good, their due circumstances accompanying them: yet Sir, by the Law of England let me tell you, what the House Votes, Orders, and Enacts within their walls, is nothing to me, I am not at all bound by them, nor in Law can take any cognisance of them as Laws, although 20. Members come out of the House, and tell me such things are done, till they be published and declared by sound of Trumpet, Proclamation, or the like, by a publike Officer or Magistrate, in the publike and open places of the Nation; But truly Sir, I never saw any Law in Print or writing, that declares your power so proclaimed or published, and therefore Sir, I know not what more to make of you, then a company of private men, being neither able to own you as a Court of Justice, because the Law speaks nothing of you; nor as a Councel of State, till I see, and read, or hear your Commission, which I desire (if you please) to be acquainted with.

But Sir, give me leave further to aver unto you, and upon this Principle or Averment I will venture my life and being, and all I have in the world; That if the House had by a Proclaimed and Declared Law, Vote, or Order, made this Councel (as you call your selves) a Court of Justice, yet that proclaimed or declared Law, Vote, or Order, had bin unjust, and null, and void in it self; And my reason is, because the House it self was never (neither now, nor in any age before) betrusted with a Law executing power, but only with a Law making power.

And truly Sir, I should have lookt upon the people of this Nation as very fooles, if ever they had betrusted the Parliament with a law executing power, and my reason is, because, if they had so done, they had then chosen and impowred a Parliament to have destroyed them, but not to have preserved them, (which is against the very nature and end of the very being of Parliaments, they being (by your own declared doctrin) chosen to provide for the peoples weale, but not for their wo) And Sir, the reason of that reason is, because its possible if a Parliament should execute the Law they Edition: current; Page: [6-138] might doe palpable injustice, and male administer it, and so the people would be robd of their intended extraordinary benefit of appeales, for in such cases they must appeale to the Parliament, either against it self, or part of it self, and can it ever be imagined they will ever condemne themselves, or punish themselves, nay, will they not rather judge themselves bound in honour and safety to themselves, to vote that man a Traytor and destroy him that shall so much as question their actions, although formerly they have dealt never so unjustly with him; For this Sir I am sure is very commonly practised now a dayes, and therefore the honesty of former Parliaments in the discharge of their trust and duty in this particular was such, that they have declared, the power is not in them to judge or punish me, or the meanest free-man in England, being no Member of their House, although I should beat or wound one of their Members nigh unto their dore, going to the House to discharge his duty, but I am to be sent in all such cases to the Judge of the upper Bench, [Margin note: See 5. H. 4.6. II H. 6. Ch. II see also my plea against the Lords jurisdiction, before the Judges of the Kings Bench called the Laws Funeral. Pag. 8, 9. and my grand Plea against the Lords jurisdiction, made before M. Maynard of the house of Commons; and the foure imprisoned Aldermen of Londons plea against the Lords jurisdiction, published by M. Lionel Hurbin 1648.] unto whom by Law they have given declared rules, and direction in that particular how to behave himself, which are as evident for me to know as himself, now Sir, if reason and justice doe not judge it convenient that the Parliament shal not be Judges in such particular cases, that is of so neere concernment to themselves, but yet hath others that are not of their House that are as well concerned as themselves, much lesse will reason or justice admit them to be judges in particular cases, that are farther remote from their particular selves, and doth meerly concern the common wealth, and sure I am Sir, this is the declared Statute Law of England, and doth stand in ful force at this houre, there being I am sure of it no law to repeale it, no not since the House of Commons set up their new Common-wealth. Now Sir from all this I argue thus, that which is not inherent in the whole, cannot by the whole be derived, or assigned to a part.

But it is not inherent, neither in the power nor authority of the whole House of Commons, primarily and originally to execute the Law, and therefore they cannot derive it to a part of themselves.

But yet Sir with your favour, for all this I would not be mistaken as though I maintained the Parliament had no power to make a Court of justice, for I do grant they may errect a Court of justice to administer the Law, provided that the Judges consist of persons that are not Members of their House, and provided that the power they give them be universal, that is to say, to administer the law to all the people of England indefinitely, and not to two or three Edition: current; Page: [6-139] particular persons solely, the last of which for them to do is unjust, and altogether out of their power: And therefore Sir, to conclude this point, It being not in the power of the whole Parliament to execute the Law, they can give no power to you their Members to meddle with me in the case before you; For an ordinary Court of Justice (the proper Administrator of the Law) is the onely and sole Judge in this particular; and not you Gentlemen, no nor your whole House it self.

For with your favour M. Bradshaw, the fact that you suppose I have committed (for till it be judicially proved, (and that must be before a legal Judge that hath cognisance of the fact) or confessed by my self before the Judge; it is but a bare supposition) is either a crime, or no crime; A crime it cannot be, unless it be a Transgression of a Law in being, before it was committed, acted, or done; For where there is no Law, there is no Transgression. [Margin note: 2. Rom. 4.15. See the 4. part of the L. Cooks Institutes, Ch. I high Courts of Parl. fol. 14. 35. 37. See also my printed Epistle to the Speaker. of the 4. April, 1648. called The prisoners plea for a Habeas Corpus, p. 5, 6. and Englands Birth-right, p. 1, 2, 3, 4. and the second edition of my Epistle to Judge Reeves, p. 11, 12, 13, 14, 15. and M. John Wildmans Truths Tryumph, p. 11, 12, 13, 14. and Sir John Maynards Case truly stated, called The Laws Subversion, p. 9, 13, 14, 15, 16. 38.] And if it be a Transgression of a Law, that Law provides a punishment for it, and by the Rules and method of that Law am I to be tryed, and by no other whatsoever, made ex post facto.

And therefore Sir, If this be true, as undoubtedly it is; then I am sure you Gentlemen have no power in Law to convene me before you, for the pretended crime laid unto my charge; much less to fetch me by force out of my habitation by the power of armed men: For Sir, let me tell you, The Law of England never made Colonels, Lieut. Colonels, Captains, or Souldiers, either Bayliffs, Constables, [Margin note: 3. See the Petition of Right, in the 1. C. R. and my book called the Peoples Prerogative, p. 67, 68, 69, 70.] or Justices of the Peace: And I cannot but wonder that you should attach me in such a manner as you have done, considering that I have all along adhered to the Interest of the Nation against the common enemy (as you call them) and never disputed, nor contemned any Order of Summons from Parliament, or the most irregularest of their Committees, but alwaies came to them when they sent for me, although their warrant of summons was never so illegal in the form of it, and I have of late in a manner de die in diem, waited at the House dore, and was there that day the Votes you have read, past, till almost twelve a clock, and I am sure there are some here present (whose conscience I believe tells them, they are very much concerned in the Book now before you) that saw me at the dore, and stared wishfully upon me as they went into the House, and I cannot but wonder there could be no Civil Officer found to summon me to appear, but that now, when there is no visible hostile enemy in the Nation, and all the Courts of Justice open, that you (that have no power at all over me) must send for Edition: current; Page: [6-140] me by an hundred or two hundred armed Horse and Foot, as though I were some monstrous man, that with the breath of my mouth were able to destroy all the Civil Officers that should come to apprehend me, Surely I had not endeavoured to fortifie my, house against you, neither had I betaken my self to a Castle, or a defenced Garison in hostility against you, that you need to send an hundred or two hundred armed men to force me out of my house, from my wife and children, by four or five a clock in the morning, to the distracting and frighting of my wife and children: Surely, I cannot but look upon this irregular, unjust, and illegal hostile action of yours, as one of the fruits and issues of your new created Tyranny, to amuse and debase my spirit, and the spirits of the People of this Free Nation, to fit me and them for bondage and slavery. And Sir, give me leave further to tell you, that for divers hundreds of men that have often bin in the field with their swords in their hands, to encounter with hostile enemies, and in their engagements have acquitted themselves like men of valour, and come out of the field conquerors, for these very men to put themselves in Martial Array against four Mise or Butterflyes, and take them captives, and as captives lead them through the streets, me-thinks is no great victory and conquest for them, but rather a diminution to their former Martial Atchievements and Trophies: And therefore to condude this, I do here before you all, protest against your Power and Jurisdiction over me, in the case in controversie, And do also protest against your Warrant you issued out to apprehend me; And against all your martial and hostile acts committed towards me, as illegal, unjust, and tyrannical, and no way in Law to be justified: Further telling you, that I saw most of the Lord of Straffords arraignment, and (if my memory fail me not) as little things as you have already done to me, were by your selves laid to his charge, as acts of Treason; For which I saw him lose his head upon Towerhill as a Traytor: And I doubt not for all this that is done unto me, but I shall live to see the Laws and Liberties of England firmly setled, in despite of the present great opposers thereof, and to their shame and confusion: and so M. Bradshaw I have done with what I have now to say.

Upon which M. Bradshaw replyed, Lieut. Col. Lilburn, you need not to have bin so earnest, and have spent so much time in making an Apologetical defence, for this Councel doth not go about to try you, or challenge any jurisdiction to try you, neither do we so much as ask you a question in order to your tryal, and Edition: current; Page: [6-141] therefore you may correct your mistake in that particular. Unto which I said, Sir, by your favour, if you challenge no Jurisdiction over me, no not so much as in order to a tryal, what do I here before you? or what do you in speaking to me? But Sir, seing I am now here, give me leave to say one word more, and that is this, I am not onely in time of peace (the Courts of Justice being all open) fetcht & forc’t out of my house by multitudes of armed men, in an hostile manner, & carried as a captive up and down the streets, contrary to all Law and Justice, but I am by force of Arms still kept in their custody, and it may be, may be intended to be sent to them again, who are no Guardians of the Laws of England, no nor so much as the meanest Administrators or Executors of it, but ought to be subject to it themselves, and to the Administrators of it: And truly Sir, I had rather dy, than basely betray my liberties into their Martial fingers, (who after fighting for our Freedoms, would now destroy them, and tread them under their feet) that have nothing at all to do with me, nor any pretended or real civil offender in England: I know not what you intend to do with me, neither do I much care; having learned long since to dy, and rather for my Liberties, than in my bed: Its true, I am at present in no capacity effectually to dispute your power, because I am under Guards of armed muskettiers, but I entreat you, If you will continue me a prisoner, that you will free me from the military Sword, and send me to some Civil Goal; and I will at present in peace and quietness obey your command, and go. And so I concluded, and was commanded to with-draw, which I did, and then M. William Wallin was called in, and while he was within, I gave unto my comrades M. Prince, and M. Overton, and the rest of the people, a summary account of what had past between me and them: and within a little time after, M. Walwin came out again, and M. Overton was called in next: and at M. Walwins coming out, he acquainted us what they said to him, which was in a manner the same they said to me, and all that he said to them was but this, That he did not know why he was suspected. To which M. Bradshaw replyed, Is that all you have to say? And M. Walwin answered, yes. So he was commanded to withdraw.

And after M. Overton was come out, M. Prince was called in, and after he had withdrawn, they spent some time of debate among themselves, and then I was called in again, So I marched in sutable to my first posture, and went close to M. Bradshaw, who said unto me to this effect: Lieut. Colonel Lilburn, This Councel Edition: current; Page: [6-142] hath considered what you have said, and what they have bin informed of concerning you, and also of that duty that lies upon them by the command of the House, which enjoyns them to improve their utmost ability to find out the Author of this Book, and therefore to effect that end, they judge themselves bound to demand of you this question: Whether you made not this Book, or were privie to the making of it or no?

And after some pause, and wondering at the strangeness of the question, I answered and said, M. Bradshaw, I cannot but stand amazed that you should ask me such a question as this, at this time of the day, considering what you said unto me at my firsfabeing before you, and considering it is now about eight yeers ago since this very Parliament annihilated the Court of Star-Chamber, Councel bord, and High Commission, and that for such proceedings as these. [Margin note: 4. See the Acts that abolished them, made in the 16. C.R. printed in my Book, called The peoples Prerogative, p. [Editor: missing word].] And truly Sir, I have bin a contestor and sufferer for the Liberties of England these twelve yeers together, and I should now look upon my self as the basest fellow in the world, if now in one moment I should undo all that I have bin doing all this while, which I must of necessity do, if I should answer you to questions against my self, For in the first place, by answering this question against my self, I should betray the Liberties of England, in acknowledging you to have a Legal Jurisdiction over me, to try and adjudge me, which I have already proved to your faces you have not in the least: and if you have forgot what you said to me thereupon, yet I have not forgot what I said to you. And secondly Sir, if I should answer to questions against my self, and to betray my self, I should do that which not onely Law, but Nature abhors: And therefore I cannot but wonder that you your selves are not ashamed to demand so illegal and unworthy a thing of me as this is. [Margin note: 5. And well might I, for M. John Cook, and M. Bradshaw himself were my Counsel at the Lords Bar, against the Star-Chamber, the 13. Feb. 1645. where M. Bradsahw did most excellently open the Star-chamber injustice towards me; and at the reading of their first sentence, he observed to the Lords, that that sentence was felo da fe, guilty of its own death; the ground whereof, being because M. Lilburn refused to take an oath to answer all such questions as should be demanded of him, it being contrary to the Laws of God, Nature, and the Kingdom, for any man to be his own Accuser : Whose words may more at large read in the Printed relation thereof, drawn up by M. John Cook, and my self, p. 3.] And therefore in short, were it that I owned your power (which I do not in the least) I would be hanged, before I would do so base, and un-Englishman-like an Action, to betray my Liberty, which I must of necessity do, in answering questions to accuse my self: But Sir, This I will say to you, my late Actions have not bin done in a hole, or a corner, but on the house top, in the face of the Sun, before hundreds and some thousands of people, and therefore why ask you me any questions? Go to those that have heard me, and seen me, and it is possible you may find some hundreds of witnesses to tell you what I have said and done; for I hate holes and corners: My late Actions need no covers nor hidings, they have bin more honest than so, and I am not sorry for what I have done, for Edition: current; Page: [6-143] I did look well about me before I did what I did, and I am ready to lay down my life to justifie what I have done, and so much in answer to your question.

But now Sir, with your favour one word more, to mind you again of what I said before, in reference to my Martial imprisonment, and truly Sir, I must tell you, Circumstantials of my Liberty, at this time I shall not much dispute, but for the Essentials of them I shall dy: I am now in the Souldiers custody, where to continue in silence and patience, is absolutely to betray my Liberty; for they have nothing to do with me, nor the meanest Free-man of England in this case; and besides Sir, they have no rules to walk by, but their wills and their swords, which are two dangerous things; it may be I may be of an hasty cholerick temper, and not able nor willing to bear their affronts; and peradventure they may be as willing to put them upon me, as I am unwilling to bear them; and for you in this case to put fire and tinder together, to burn up one an other, will not be much commendable, nor tend much to the accomplishment of your ends, But if for all this, you shall send me back to the Military sword again, either to White-hall, or any other such like garison’d place in England, I do solemnly protest before the Eternal God of Heaven and Earth, I will fire it, and burn it down to the ground, if possibly I can, although I be burnt to ashes with the flames thereof, for Sir, I say again, the souldiers have nothing to do to be my Goalers; and besides, it is a maxime among the souldiers, That they must obey (without dispute) all the Commands of their Officers, be they right or wrong, and it is also the maxime amongst the Officers, That if they do not do it, they must hang for it: therefore if the Officers command them to cut my throat, they must either do it, or hang for it. And truly Sir, (looking wishfully upon Cromwell, that sate just against me) I must be plain with you, I have not found so much Honour, Honesty, Justice, or Conscience, in any of the principal Officers of the Army, as to trust my life under their protection, or to think it can be safe under their immediate fingers, [Margin note: 6. And truly I am more afraid honest Capt. Bray hath too much experience of this at Windsor Castle, who though he be but barely committed thither into safge custody, yet (as I from very good hands am informed) the Tryrannical Governour Whichcock, Cromwels creature, doth keep him close prisoner, denying him the benefit of the castle Ayre, keeping not onely pen and inke from him, but also his friends and necessaries with which cruelty &c. he hath already almost murdered and destroyed the honest man; in whose place were I, and so illegally and unjustly used, a flame (if possibly I could, should be the portion of my chamber, although I perished in it.] and therefore not knowing, nor very much caring what you will do with me, I earnestly intreat you, if you will again imprison me, send me to a Civil Goal that the Law knows, as Newgate, the Fleet, or the Gatehouse, and although you send me to a Dungeon, thither I will go in Peace and quietness, without any further dispute of your authority, For when I come there, I know those Goalers have their bounds and limits set them by the Law, and I know how to carry my self towards them, and what to Edition: current; Page: [6-144] expect from them; and if they do abuse me, I know how in law to help my self. And so Sir, I have said what at present I have to say. Whereupon M. Bradshaw commanded the Sergeant to put me out at an other dore, that so I should no more go amongst the people, and immediatly M. Walwin was put out to me, and asking him what they said to him, I found it to be the same in effect they said to me, demanding the same fore-going question of him, that they did of me: to which question, (after some kind of pause) he answered to this effect, That he could not but very much wonder to be asked such a question, however that it was very much against his Judgement and Conscience to answer to questions of that nature, which concerned himself; that if he should answer to it, he should not onely betray his own Liberty, but the Liberties of all Englishmen, which he could not do with a good Conscience, And he could not but exceedingly grieve at the dealing he had found that day; That being one who had alwaies bin so faithful to the Parliament, and so well known to most of the Gentlemen there present, that nevertheless he should be sent for with a party of Horse and Foot, to the affrighting of his Family, and ruine of his credit; And that he could not be satisfied, but that it was very hard measure, to be used thus upon suspition onely; And that if they did hold him under restraint from following his business and occasions, it might be his undoing, which he conceived they ought seriously to consider of.

Then M. Bradshaw said, he was to answer the question, and that they did not ask it as in way of Tryal, so as to proceed in Judgement thereupon, but to report it to the House. To which M. Walwin said, That he had answered it so as he could with a good Conscience, and could make no other Answer, and so with-drew.

And after he came out to me, M. Overton was next called in againe, and then M. Prince, so after we were all come out, and all foure in a roome close by them, all alone, I laid my care to their dore, and heard Lieutenant General Cromwel (I am sure of it) very loud, thumping his fist upon the Councel Table, til it rang againe, and heard him speak in these very words, or to this effect; I tel you Sir, you have no other way to deale with these men, but to break them in pieces; and thumping upon the Councel Table againe, he said Sir, let me tel you that which is true, if you do not breake them, they will break you; yea, and bring all the guilt of the blood and treasure shed and spent in this Kingdom upon your heads and shoulders; and frustrate and make voide all that worke, that with Edition: current; Page: [6-145] so many yeares industry, toile and paines you have done, and so render you to all rationall men in the world, as the most contemptiblest generation, of silly, low spirited men in the earth, to be broken and routed by such a despicabic contemptible generation of men as they are; and therfore Sir I tel you againe, you are necessitated to break them. But being a little disturbed by the supposition of one of their Messengers coming into the roome, I could not so well heare the answer to him, which I think was Col. Ludlows voyce, who pressed to baile us, for I could very well heare him say, what would you have more than security for them? Upon which discourse of Cromwels, the blood run up and down my veines, and I heartily wisht my self in againe amongst them (being scarse able to contain my self) that so I might have gone five, or six stories higher than I did before, yea, as high as I intended when I came to their dore, and to have particularly paid Cromwel and Hasleridge to the purpose, for their late venome not only against me in the House, but my whole family, Hasleridge saying (as I am informed) in the open House, there was never an one of the Lilburns family fit or worthy to be a Constable in England, though I am confident there is not the worst of us alive that have served the Parliament, but he is a hundred times more just honest and unspoted than he himself, as in due time I shal make it appeare by Gods assistance (I hope) to his shame: But the faire carriage of the Gentlemen of the supposed Councel to me at the first, tooke off the height of the edge of my spirit, and intended resolution, which it may be they shal have the next time to this effect. You your selves have already voted the People under God, the Fountain and Original of all just power, And if so, then, none can make them Laws, but those that are chosen, impowred, and betrusted by them for that end, and if that be true, as undoubtedly it is, I desire to know how the present Gentlemen at Westminster can make it appeare they are the peoples Representatives, being rather chosen by the wil of him, whose head as a Tyrant and Traytor, they have by their wills chopt off (I mean the King) then by the people: whose Will made the Borough Townes to chuse Parliament men, and there by rob’d above nineteen people of this Nation, of their undubitable and inherent right, to give to a single man in twenty for number (in reference to the whole Nation) a Monopoly to chuse Parliament men; disfranchising thereby the other nineteen, and if so in any measure than this, upon their own declared principles they are no Representative of the people, no nor was not Edition: current; Page: [6-146] at the first, Again, the King summoned them by his Writ, the issue of his will and pleasure, and by vertue of that they sit to this houre, Again, the King by his Will and pleasure combines with them by an Act to make them a perpetual Parliament (one of the worst and tyranicallest actions that ever he did in his life) to sit as long as they pleased, which he nor they had no power to do in the least, the very constitution of Parliaments in England, being to be once every yeare, or oftner if need require, Quere, Whether this act of perpetuating this Parliament by the Parliament men themselves beyond their Commission, was not an act in them of the highest Treason in the world against the People and their liberties, by setting up themselves an arbitrary power over them for ever? Yea, and thereby razing the foundation and constitution of Parliament it self: And if so, then this is nul, if at the first it had bin any thing.

Again, if it should be granted this Parliament at the beginning had a legal constitution from the people (the original and fountaine of all just power) yet the Faction of a trayterous party of Officers of the Army, hath twice rebelled against the Parliament, and broke them to pieces, and by force of Armes culled out whom they please, and imprisoned divers of them and laid nothing to their charge, and have left only in a manner a few men, besides eleven of themselves, viz. the General, Cromwel, Ireton, Harrison, Fleetwood, Rich, Ingolsby, Hasleridge, Constable, Fennick, Walton and Allen, Treasurer, of their own Faction behind them that will like Spaniel-doggs serve their lusts and wills, yea some of the chiefest of them, viz. Ireton, Harrison, &c. yea, M. Holland himself, stiling them a mocke Parliament a mocke power at Windsor, yea, it is yet their expressions at London; And if this be true that they are a mocke power and a mocke Parliament, then,

Quere, Whether in Law or Justice, especially considering they have fallen from al their many glorious promises, & have not done any one action that tends to the universal good of the People? Can those Gentlemen siting at Westminster in the House, called the House of Commons, be any other than a Factious company of men trayterously combined together with Crom. Ireton, and Harrison, to subdue the Laws, Liberties, and Freedomes of England; (for no one of them protest against the rest) and to set up an absolute and perfect Tyranny of the Sword, Will and pleasure, and absolutely intend the destroying the Trade of the Nation, and the absolute impoverishing the people thereof, to fit them to be their Vassals and Slaves; And if so, then,

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Quere, Whether the Free People of England, as well Soldiers as others, ought not to contemne all these mens commands, as invalid and illegal in themselves, and as one man to rise up against them as so many professed traytors, theives, robbers and high way men, and apprehend and bring them to justice in a new Representative, chosen by vertue of a just Agreement among the People, there being no other way in the world to preserve the Nation but that alone; the three forementioned men, viz. Cromwel, Ireton, and Harrison, (the Generall being but their Stalking horse, and a Cifer) and there trayterous faction, [Margin note: 7. For the greatest Traytors they are that ever were in this nation, as upon the losse of my head I John Lilburn will by law undertake to prove and make good, before the next free parliament, to whom I hereby appeale.] having by their wills and Swords, got all the Swords of England under their command, and the disposing of all the great places in England by Sea and Land, and also the pretended Law making power, and the pretended law executing power, by making among themselves (contrary to the Laws and Liberties of England) all Judges, Justices of peace, Sherifes, Balifes, Committee men &c. to execute their wills and Tyranny, walking by no limits or bounds but their own wills and pleasures, And traytorously assume unto themselves a power to levy upon the people what money they please, and dispose of it as they please, yea even to buy knifes to cut the peoples throats that pay the mony to them, and to give no account for it til Doomes Day in the afternoone, they having already in their wills and power to dispose of the Kings, Queens, Princes, Dukes, and the rest of the childrens Revenue, Deans and Chapters lands, Bishops lands, sequestered Delinquents lands, sequestred Papists lands, Compositions of all sorts, amounting to millions of money, besides Excise, and Customes, yet this is not enough, although if rightly husbanded it would constantly pay above one hundred thousand men, and furnish an answerable Navy there unto: But the people must now after their trades are lost, and their estates spent to procure their liberties and freedoms, be cessed about 100000. pound a moneth, that so they may be able like so many cheaters and State theeves, to give 6. 8. 10. 12. 14. 16, thousand pounds a peice over again to one another, as they have done already to divers of themselves to buy the Common wealths lands one of another, (contrary to the duty of Trustees, who by law nor equity can neither give nor sel to one another) at two or three years purchase the true and valuable rate considered, as they have already done, and to give 4 or 5000 l per annum over again to King Cromwel, as they have done already out of the Earle of Worcesters estate, &c. Besides about four or five pounds a day he hath by his places of Lieut. Edition: current; Page: [6-148] General, and Collonel of Horse in the Army, although he were at the beginning of this Parliament but a poore man, yea, little better than a begger (to what he is now) as well as other of his neighbours.

But to return, those gentlemen that would have had us bailed lost the day, by one vote as we understood, and then about 12. at night they broke up, & we went into their pretended Secretary, & found our commitments made in these words, our names changed, viz.

These are to will and require you, to receive herewith into your custody, the person of Lieut. Col. John Lilburn, and him safely to keep in your Prison of the Tower of London, until you receive farther order, he being committed to you upon suspition of high Treason, of which you are not to faile, and for which this shal be your sufficient Warrant, Given at the Councel of State at Darbyhouse this 28. day of March, 1649.

Signed in the name, and by the
Order of the Councel of State,
appointed by authority of
Parliament. JO. BRADSHAW.
President.

To the Lieut. of the Tower
of London.

Note that we were committed upon Wednesday their fast day, being the best fruits that ever any of their fasts brought out amongst them, viz. To smite with the fist of wickedness. For the illegality of this Warrant, I shall not say much, because it is like all the rest of the Warrants of the present House of Commons, and their unjust Committees, whose Warrants are so sufficiently anatomised by my quondam Comrade, M. John Wildman, in his books, called Truths Tryumph, and The Laws subversion, being Sir John Maynards case truly stated, and by my self, in my late Plea before the Judges of the Kings Bench, now in print, and intituled The Laws Funeral, that it is needless to say any more of that particular, and therefore to them I refer the Reader. But to go on, when we had read our Warrants we told M. Frost we would not dispute the legality of them, because we were under the force of Guards of Armed musquettiers: So some time was spent to find a man that would go with us to prison, Capt. Jenkins (as I remember his name) being Capt. of the Guard, and my old and familiar acquaintance, was prevailed with by us, to take the charge upon him, who used us very Civilly, and gave us leave that night (it being so late) to go home to our wives, and took our words with some Edition: current; Page: [6-149] other of our friends then present, to meet him in the morning at the Angel Tavern neer the Tower, which we did accordingly, and so marched with him into the Tower, where coming up to the Lieut. house, and after salutes each of other with very much civility, the Lieut. read his Warrants: and M. Walwin as our appointed mouth, acquainted him that we were Englishmen, who had hazarded all we had for our Liberties & Freedoms for many yeers together, and were resolved (though Prisoners) not to part with an inch of our Freedoms, that with strugling for we could keep, and therefore we should neither pay fees nor chamber rent, but what the Law did exactly require us, neither should we eate or drink of our own cost and charges so long as we could fast, telling him it was our unquestionable right by Law, and the custom of this place, to be provided for out of the publike Treasure, although we had never so much mony in our pockets of our own, which he granted to be true, and after some more debate I told him, we were not so irrational as to expect that he out of his own money should provide for us: but the principal end of our discourse with him was, to put words in his mouth from our selves, (he being now our Guardian) to move the Parliament or Councel of State about us, which he hath acquainted us he did to the Councel of State, who he saith granted the King in former times used to provide for the Prisoners, but I say, they will not be so just as he was in that particular, although they have taken off his head for tyranny, yet they must and will be greater Tyrants than he, yea, and they have resolved upon the Question, that he shall be a Traytor that shall but tell them of their tyranny, although it be never so visible.

So now I have brought the Reader to my old and contented Lodging in the Tower, where within two, or three dayes of our arrival there, came one M. Richardson a Preacher amongst those unnatural, un-English-like men, that would now help to destroy the innocent, and the first promoters in England (as Cromwels beagles to do his pleasure) of the first Petition for a Personal Treaty almost 2. yeers ago, and commonly stile themselves the Preachers to the 7. Churches of Anabaptists, which Richardson pretending a great deal of affection to the Common wealth to Cromwel, & to us, prest very hard for union and peace, (and yet by his petition since this, endeavors to hang us) teling us, men cryed mightily out upon us abroad for grand disturbers, that sought Crom. bloud for al his good service to the Nation, and that would center no where, but meerly laboured to pul down those in power, Edition: current; Page: [6-150] to set up our selves: And after a little discourse with him, being all 4. present, and retorting all he said back upon those he seemed to plead for, before several witnesses, we appeale to his own conscience, whether those could intend any hurt or tyrannie to the people, that desires, and earnestly endeavours for many yeers together, that all Magistrates hands might be bound and limited by a just law and rule, with a penalty annexed unto it, that in case they outstrip their rule, they might forfet life & estate, and that al Magistrates might be chosen by the free people of this Nation by common consent, according to their undubitable right, & often removed, that so they might not be like standing waters, subject to corruption; and that the people might have a plain, easie, short, and known Rule amongst themselves to walk by; but such men were all we; and therefore justly could not be stiled disturbers of any, but onely such as sought to rule over the people by their absolute Wills and pleasures, and would have no bounds or limits but their lusts, and so sought to set up a perfect tyranny, which we absolutely did, and stil do charge upon the great men in the Army, and are ready before indifferent Judges to make it good. And as for seeking our selves, we need no other witnesses but some of our present adversaries in the House, whose great proffered places, and courtship by themselves and their Agents some of us have from time to time slighted, scorned, and contemned, till they would conclude to come to a declared and resolved center, by a just Agreement of the People; there being no other way now in the World to make this Nation free, happy, or safe, but that alone. And as for Cromwels bloud, although he had dealt basely enough with some of us in times by-past, by thirsting after ours, without cause, of whom (if revenge had bin our desire) we could have had it the last yeer to the purpose, especially when his quondam Darling, Maj. Huntington, (Maj. to his own Regiment) impeached him of Treason to both Houses: yet so deer was the good of our native Country to us, to whom we judged him then a serviceable Instrument to ballance the Scots, that we laid all revenge aside, hoping his often dissembled Repentances was real indeed; and M. Holland himself (now his favorite) if his 1000. or 1500. l. per annum of the Kings Lands, that now he enjoys, did not make him forget himself, can sufficiently testifie and witness our unwearied and hazardous Activity for Cromwels particular preservation the last yeer, when his great friends in the House durst not publikely speak for him.

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And whereas it is said we will Center no where, we have too just cause to charge that upon them; the whole stream of all our Actions (as we told Richardson) being a continued Declaration of our earnest Desires to come to a determinate and fixed center: one of us making sufficient propositions to that purpose to the Councel of State at our last being there and all our many and late proffers as to that particular, they have hitherto rejected, as no waies consistent with their tyranical and selfish ends and designs: and have given us no other answer in effect, but the sending our bodies prisoners to the Tower: and therefore we judged it infinitely below us (as we told him) and that glorious cause (the Peoples Liberties and Freedoms, that we are now in bonds for) & for which we suffer, to send any message but a defiance by him or any other to them. Yet to let him know (as one we judged honest, and our friend) we were men of reason, moderation, and justice, and sought nothing particularly for our selves, more than our common share in the common freedom, tranquility, and peace of the land of our Nativity: We would let him know, we had a two fold Center, and if he pleased of and from himself to let our Adversaries know, we were willing our adversaries should have their choise to which of the two they would hold us to.

And therefore said we in the first place, The Officers of the Army have already compiled, and published to the view of the Nation, an Agreement of the people, which they have presented to the present Parliament, against which we make some exceptions, which exceptions are contained in our Addresses: Now let them but mend their Agreement according to our exceptions, and so far as all our interest extends in the whole Nation, we wil acquiesce and rest there, and be at peace with them, & live and dy with them in the pursuance of those ends, and be content for Cromwel and Iretons security, &c. for the bloud of war shed in time of peace at Ware, or any thing else, and to free our selves that we thirst after none of their bloud, but onely our just Liberties (without which we can never sit down in peace) That there shall be a clause, to bury all things in oblivion, as to life and liberty, excepting onely estate; that so the Common-wealth may have an account of their monies in Treasurers hands, &c.

Or secondly, if they judge our exceptions against their Agreement (or any one of them) irrational, let them chuse any 4. men in England, and let Cromwel and Ireton be 2. of them, and take the other 2. where they please, in the whole nation, and we 4. now in Edition: current; Page: [6-152] prison, will argue the case in reason with them, and if we can agree, there is an end, as to us, and all our interest, but in case we cannot, let them (said we all) chuse any 2. members of the House of Commons, and we will chuse 2. more, viz. Col. Alex. Rigby, and Col. Henry Martin, to be final umpires betwixt us, and what they, or the major part of them determine, as to us (in relation to an Agreement) and all our interest in the whole land, we will acquiesce in, be content with, and stand to without wavering: and this we conceive to be as rational, just, and fair, as can be offered by any men upon earth: and I for my part, say and protest before the Almighty, I will yet stand to this, and if this will content them, I have done, if not, fall back, fal edge, let them do their worst, I for my part bid defiance to them, assuredly knowing, they can do no more to me, than the divel did to Job: for resolved by Gods assistance I am, to spend my heart bloud against them, if they will not condescend to a just Agreement that may be good for the whole Nation, that so we may have a new and as equal a Representative as may be, chosen by those that have not fought against their freedoms, although I am as desirous the Cavaliers should enjoy the benefit of the Law, for the protection of their persons and estates, as well as my self. I know they have an Army at command, but if every hair on the head of that Officer or Souldier they have at their command, were a legion of men, I would fear them no more than so many straws, for the Lord Jehovah is my rock and defence, under the assured shelter of whose wings, I am safe and secure, and therefore will sing and be merry, and do hereby sound an eternal trumpet of defiance to all the men and divels in earth and hell, but only those men that have the image of God in them, and demonstrate it among men, by their just, honest, merciful, and righteous actions. And as for all those vile Actions their saint-like Agents have fixed upon me of late, I know before God none is righteous no not one, but only he that is clothed with the glorious righteousness of Jesus Christ, which I assuredly know my soul hath bin, and now is clothed with, in the strength of which I have walked for above 12 yeers together, and through the strength of which, I have bin able at any time in al that time, to lay down my life in a quarter of an hours warning. But as to man, I bid defiance to all my Adversaries upon earth, to search my waies and goings with a candle, and to lay any one base Action to my charge in any kind whatsoever, since the first day that I visible made profession of the fear of God, which is now above twelve yeares, yea, I bid defiance Edition: current; Page: [6-153] to him or them, to proclaim it upon the house tops, provided he will set his hand to it, and proclaim a publique place, where before indifferent men, in the face of the Sun, his accusation may be scand; yea, I here declare, that if any man or woman in England, either in reference to my publique actions, to the States money, or in reference to my private dealings in the world shal come in and prove against me, that ever I defrauded him, or her of twelve pence, and for every twelve pence that I have so done, I will make him or her twenty shillings worth of amends, so far as all the estate I have in the world will extend.

Curteous Reader, and deer Countryman, excuse I beseech thee my boasting and glorying, for I am necessitated to it, my adversaries base and lying calumniations puting me upon it, and Paul and Samuel did it before me: and so I am thine, if thou art for the just Freedoms and Liberties of the land of thy Nativity.

JOHN LILBURN, that never yet changed his principles from better to worse, nor could never be threatned out of them, nor courted from them, that never feared the rich nor mighty, nor never despised the poor nor needy, but alwaies hath, and hopes by Gods goodness to continue, semper idem.

From the Tower of London

April 3, 1649.

Postscript.

Curteous Reader, I have much wondered with my self, what should make most of the Preachers in the Anabaptist Congregations so mad at us foure, as this day to deliver so base a Petition, in the intention of it against us all four; (who have bin as hazardous Sticklers for their particular liberties, as any be in England) and never put a provocation upon them that I know of, especially, considering the most, if not all their Congregations (as from divers of their own members I am informed) protested against their intentions openly in their Congregations, upon the Lords day last, and I am further certainly informed that the aforsaid Petition the Preachers delivered, is not that which was read by themselves amongst the people, but another of their own framing since, which I cannot hear was ever read in any one of their Congregations: So that for the Preachers viz. M. Kiffin, M. Spilsbury, M. Patience, M. Draps, M. Richardson, M. Constant, M. Wayd, the Schoolemaster, Edition: current; Page: [6-154] &c. to deliver it to the Parliament in the name of their Congregations, they have delivered it a lye and a falshood, and are, a pack of fauning daubing knaves for so doing, but as I understand from one of M. Kiffins members, Kiffin himself did ingenuously confesse upon Lords day last, in his open Congregation, that he was put upon the doing of what he did by some Parliament men, who he perceived were willing and desirous to be rid of us four, so they might come off handsomely without too much losse of credit to themselves: and therefore intended to take a rise from their Petition to free us, and for that end it was, that in their Petition read in the Congregations, after they had sufficiently bespattered us, yet in the conclusion they beg mercy for us, because we had bin formerly active for the Publique. Secondly, I have bin lately told, some of the Congregationall Preachers are very mad, at a late published and licensed booke sold in Popes head Alley and Comhill, intituled, The vanity of the present Churches, supposing it to be the Pen of some of our friends, and therefore out of revenge might Petition against us; I confesse I have within a few houres seen and read the booke, and not before, and must ingenuously confesse, it is one of the shrewdest bookes that ever I read in my life, and do believe it may be possible they may be netled to the purpose at it, but I wish every honest unbyased man in England would seriously read it over.

April 4. 1649.

JOHN LILBURN.

The Proceedings of the Councel of State against Richard Overton, now prisoner in the Tower of London.

Upon the twenty eighth of March 1649) a partie of Horse and Foot commanded by Lieut. Colonel Axtel (a man highly pretending to religion,) came betwixt five and six of the morning to the house where I then lodged, in that hostile manner to apprehend me, as by the sequel appeared.

But now, to give an account of the particular circumstances attending that action, may seem frivolous, as to the Publick, but in regard the Lieutenant Colonel was pleased so far to out-strip the capacity of a Saint, as to betake himself to the venomed Arrows of lying calumnies and reproaches, to wound (through my sides) the too much forsaken cause of the poor oppressed people of this long wasted Common-wealth: like as it hath been the practice of Edition: current; Page: [6-155] all perfidious Tyrants in all ages. I shall therefore trouble the Reader with the rehearsall of all the occurrant circumstances which attended his apprehension of me, that the world may cleerly judge betwixt us. And what I here deliver from my pen as touching this matter, I do deliver it to be set upon the Record of my account, as I will answer it at the dreadfull day of judgment, when the secrets of all hearts shall be opened, and every one receive according to his deeds done in the flesh: and God so deal with me at that day, as in this thing I speak the truth: And if the rankorous spirits of men will not be satisfied therewith, I have no more to say but this, to commit my self to God in the joyful rest of a good conscience, and not value what insatiable envie can suggest against me. Thus then to the businesse it self.

In the House where I then lodged that night there lived three families, one of the Gentlemen being my very good friend, with whom all that night hee and I onely lay in bed together, and his Wife and childe lay in another bed by themselves: and when they knocked at the door, the Gentleman was up and ready, and his Wife also, for she rose before him, and was suckling her childe: and I was also up, but was not completely drest, And of this the Gentleman himself (her Husband) hath taken his oath before one of the Masters of the Chancery. And we three were together in a Chamber discoursing, he and I intending about our businesse immediately to go abroad, and hearing them knock, I said, Yonder they are come for me. Whereupon, some books that lay upon the table in the room, were thrown into the beds betwixt the sheets (and the books were all the persons he found there in the beds, except he took us for printed papers, and then there were many,) and the Gentleman went down to go to the door; and as soon as the books were cast a toside, I went to put on my boots, and before the Gentleman could get down the stairs, a girl of the house had opened the door, and let them in, and so meeting the Gentleman upon the stairs, Axtel commanded some of the souldiers to seize upon him, and take him into custodie, and not suffer him to come up: And I hearing a voice from below, that one would speak with me, I went to the chamber door (it being open) and immediatly appeared a Musketier (Corporal Neaves, as I take it) and he asked me if my name were not Mr. Overton: I answered, it was Overton, and so I sat me down upon the bed side to pull on my other boot, as if I had but new risen, the better to shelter the books, and that Corporal was the first man that entered into the chamber, and after Edition: current; Page: [6-156] him one or two more, and then followed the Lieutenant Colonel, and the Corporal told me, I was the man they were come for, and bade me make me ready: and the Lieutenant Colonel when he came in, asked me how I did, and told me, they would use me civilly, and bid me put on my boots, and I should have time enough to make me ready: And immediately upon this the Lieutenant Colonel began to abuse me with scandalous language, and asked me, if the Gentlewoman who then sate suckling her childe, were not one of my wives, and averred that she and I lay together that night. Then the Gentleman hearing his Wife call’d Whore, and abused so shamefully, got from the souldiers, and ran up stairs; and coming into the room where we were, he taxed the Lieutenant Colonel for abusing of his Wife and me, and told him, that he and I lay together that night: But the Lieutenant Colonel, out of that little discretion he had about him, took the Gentleman by the hand, saying, How dost thou, brother Cuckcold? using other shamefull ignorant and abusive language, not worthy repeating. Well, upon this his attempt thus to make me his prisoner, I demanded his Warrant; and he shewed me a Warrant from the Councell of State, with Mr. Bradshaw’s hand to it, and with the Broad Seal of England to it, (as he call’d it) to apprehend Lieutenant Colonel Lilburn, Mr. Walwine, Mr. Prince, and my self, where-ever they could finde us. And as soon as I was drest, he commanded the Musketiers to take me away, and as soon as I was down stairs, he remanded me back again into the chamber where he took me, and then told me, he must search the house, and commanded the trunks to be opened, or they should be broken open: and commanded one of the souldiers to search my pockets. I demanded his Warrant for that: He told me, he had a Warrant, I had seen it. I answered, That was for the apprehension of my person, and bid him shew his Warrant for searching my pockets, and the house: and according to my best remembrance, he replyed, He should have a Warrant. So little respect had he to Law, Justice, and Reason; and vi & armis, right or wrong, they fell to work, (inconsiderately devolving all law, right, and freedom betwixt man and man into their Sword; for the consequence of it extends from one to all, and his party of armed Horse and Foot (joyned to his over-hasty exorbitant will) was his irresistible Warrant: And so they searched my pockets, and took all they found in them, my mony excepted, and searched the trunks, chests, beds, &c. And the Lieutenant Colonel went into the next chamber, where lived an Edition: current; Page: [6-157] honest Souldier (one of the Lieutenant Generals Regiment) and his wife, and took away his sword, and vilified the Gentleman and his wife, as if she had been his whore, and took him prisoner for lying with a woman, as he said. He also went up to the Gentleman who lets out the rooms, and cast the like imputations upon his wife, as also upon a Maid that lives in the house, and gave it out in the Court and Street, amongst the souldiers and neighbours that it was a Bawdy-house, and that all the women that lived in it were whores, and that he had taken me in bed with another mans Wife. Well, he having ransack’d the house, found many books in the beds, and taken away all such writings, papers, and books, of what sort or kind soever, that he could finde, and given them to the souldiers, (amongst which he took away certain papers which were my former Meditations upon the works of the Creation, intituled, Gods Word confirmed by his Works; wherein I endeavoured the probation of a God, a Creation, a State of Innocencie, a Fall, a Resurrection, a Restorer, a Day of Judgment, &c. barely from the consideration of things visible and created: and these papers I reserved to perfect and publish as soon as I could have any rest from the turmoils of this troubled Common-wealth: and for the loss of those papers I am only troubled: all that I desire of my enemies hands, is but the restitution of those papers, that what-ever becomes of me, they may not be buried in oblivion, for they may prove usefull to many.) Well, when the Lieutenant Colonel had thus far mistaken himself, his Religion and Reason thus unworthily to abuse me and the houshold in that scandalous nature, unbeseeming the part of a Gentleman, a Souldier, or a Christian (all which titles he claimeth) and had transgressed the limits of his Authority, by searching, ransacking, plundering, and taking away what he pleased, he march’d me in the head of his party to Pauls Church-yard, and by the way commanded the souldiers to lead me by the arm, and from thence, with a guard of three Companies of Foot, and a party of Horse, they forced me to Whitehall; and the souldiers carried the books some upon their Muskets, some under their arms: but by the way (upon our march) the Corporall that first entred the room (whose word in that respect is more valuable then Axtels) confess’d unto me (in the audience of the Souldier they took also with them from the place of my lodging) that the Lieutenant Colonel had dealt uncivilly and unworthily with me, and that there was no such matter of taking me in bed with an other woman, &c. And this the said souldier will depose upon his oath.

Edition: current; Page: [6-158]

When I came to White-hall, I was delivered into the hands of Adjutant General Stubber, where I found my worthy friends Lieutenant Collonel John Lilburn, Mr. Wallwin, and Mr. Prince in the same captivity under the Martiall usurpation: and after I had been there a while, upon the motion of Leiutenant Collonell Lilburne, that Leiutenant Collonell Axstell, and I might be brought face to face about the matter of scandall that was raised, he coming there unto us, and questioned about the report he had given out, there averd, that he took me a bed with an other mans wife; and being asked if he saw us actually in bed together, he answered, we were both in the Chamber together, and the woman had scarce got on her coates, (which was a notorious untruth) and she sate suckling of her child, and from these circumstances he did believe we did lie together, and that he spake according to his conscience what he beleeved: These were his words, or to the like effect, to which I replied, as aforementioned. But how short this was of a man pretending so much conscience and sanctity as he doth I leave to all unprejudiced people to judge: it is no point of Christian faith (to which is so great a pretender) to foment a lye for a wicked end, and then to plead it his beleif and conscience, for the easier credence of his malitious aspertion: but though the words belief and Conscience be too specious Evangelicall tearms, no truely consciencious person will say they are to be used, or rather abused to such evill ends. Well in that company I having taxed him for searching my pockets, and without warrant, he answered; that because I was so base a fellow, he did what he could to destroy me. And then the better to make up the measure of the reproach he had raised, he told us, it was now an opinion amongst us to have community of women; I desired him to name one of that opinion, he answered me, It may be I was of that opinion, and I told him, it may be he was of that opinion, and that my may be was as good as his May be: whereupon he replyed, that I was a sawsy fellow. Surely the Lieutenant Collonel at that instant had forgot the Bugget from whence he dropt, I presume when he was a pedler in Harfordshire he had not so lofty an esteem of himself, but now the case is altered, the Gentleman is become one of the Grandees of the Royall palace: one of the (mock-) Saints in season, now judgeing the Earth, inspired with providence and opportunities at pleasure of their own invention as quick and as nimble as an Hocas Spocas, or a Fiend in a Juglers Box) they are not flesh and bloud, as are the wicked, they are all spirituall, all heavenly, the pure Camelions of Edition: current; Page: [6-159] the time, they are this or that or what you please, in a trice, in a twinkling of an eye; there is no form, no shape that you can fancy among men, into which their Spirituallities are not changeable at pleasure; but for the most part, these holy men present themselves in the perfect figure of Angels of light, of so artificiall resemblance, enough to deceive the very Elect if possible, that when they are entered their Sanctum Sanctorum, their holy convocation at Whitehall, they then seem no other than a quire of Arch-Angels, of Cherubins and Seraphims, chanting their fals-holy Halelujaes of victory over the people, having put all principalities and powers under their feet, and the Kingdom and dominion and the greatness of the Kingdom is theirs, and all Dominions, even all the people shall serve and obey them, [excuse me, it is but their own Counterfeit Dialect, under which their pernitious hipocrisy is vailed that I retort into their bosoms, that you may know them within and without, not that I have any intention of reflection upon holy writ] and now these men of Jerusalem (as I may terme them) those painted Sepulchers of Sion after their long conjuring together of providences, opportunities and seasons one after another, drest out to the people in the sacred shape of Gods Time, (as after the language of their new fangled Saint-ships I may speak it) they have brought their seasons to perfection, even to the Season of Seasons, now to rest themselves in the large and full enjoyment of the creature for a time, two times and half a time, resolving now to ware out the true asserters of the peoples freedom, and to change the time and laws to their exorbitant ambition and will, while all their promises, declarations and engagements to the people must be null’d and made Cyphers, and cast aside as wast paper, as unworthy the fulfilment, or once the remembrance of those Gentlemen, those magnificent stems of our new upstart Nobillity, for now it is not with them as in the dayes of their engagement at Newmarket and Triploe heath, but as it was in the days of old with corrupt persons, so is it in ours, Tempora mutantur—.

But to proceed to the story: the Lieutenant Collonel did not only shew his weakness, (or rather his iniquity) in his dealing with me, but he convents the aforesaid Souldier of Leiutenant Generalls Regiment before divers of the Officers at White-hall, and there he renders the reason wherefore he made him a prisoner, because said he, he takes Overtons part, for he came and asked him how he did, and bid him be of good comfort, and he lay last night with a Edition: current; Page: [6-160] woman: To which he answered It is true, but the woman was my wife. Then they proceeded to ask, when they were married, and how they should know shee was his wife, and he told them where and when, but that was not enough, they told him, he must get a Certificate from his Captain that he was married to her and then he should have his liberty.

Friends and Country-men, where are you now? what shall you do that have no Captains to give you Certificates? sure you must have the banes of Matrimony re-asked at the Conventicle of Gallants at White-hall, or at least you must thence have a Congregationall Licence, (without offence be it spoken to true Churches) to lye with your wives, else how shall your wives be chast or the children Legitimate? they have now taken Cognizance over your wives and beds, whether will they next? Judgement is now come into the hand of the armed-fury Saints. My Masters have a care what you do, or how you look upon your wives, for the new Saints Millitant are paramount all Laws, King, Parliament, husbands, wives, beds, &c. But to let that passe.

Towards the evening we were sent for, to go before the Counsell of State at Darby-house, and after Lieutenant Collonel John Lilburne, and Mr. Wallwine had been before them, then I was called in, and Mr. Bradshaw spake to me, to this effect.

Master Overton, the Parliament hath seen a Book, Intituled, The Second Part of Englands New-Chains Discovered, and hath past several Votes thereupon, and hath given Order to this Councel to make inquiry after the Authors and Publishers thereof, and proceed upon them as they see Cause, and to make a return thereof unto the House: And thereupon he Commanded Mr. Frost their Secretary to read over the said Votes unto me, which were to this purpose, as hath since been publickly proclaimed:

Die Martis, 27 Martii, 1649.

The House being informed of a Scandalous and Seditius Book Printed, entituled, The Second Part of Englands New-Chains Discovered.

The said Book was this day read.

Resolved upon the Question by the Commons assembled in Parliament, That this printed Paper, entituled, The Second Part of Englands New-Chains Discovered &c. doth contain most false, scandalous, and reproachful matter, and is highly Seditious and Edition: current; Page: [6-161] Destructive to the present Government, as it is now Declared and setled by Parliament, tends to Division and Mutiny in the Army, and the raising of a New War in the Common-wealth, and to hinder the present Relief of Ireland, and to the continuing of Free-Quarter: And this House doth further Declare, That the Authors, Contrivers, and Framers of the said Papers, are guilty of High Treason, and shall be proceeded against as Traytors; And that all Persons whatsoever, that shall joyn with, or adhere unto, and hereafter voluntarily Ayd or Assist the Authors, Framers, and Contrivers of the aforesaid Paper, in the prosecution thereof, shall be esteemed as Traytors to the Common-wealth, and be proceeded against accordingly.

Then Mr. Bradshaw spake to me much after this effect;

Master Overton, this Councel having received Information, That you had a hand in the Contriving and Publishing of this Book, sent for you by their Warrant to come before them, Besides, they are informed of other Circumstances at your Apprehension against you, That there were divers of the Books found about you. Now Mr. Overton, if you will make any Answer thereunto, you have your Liberty.

To which I answered in these words, or to the like effect:

Sir, what Title to give you, or distinguish you by, I know not, Indeed, I confesse I have heard by common report, that you go under the name of a Councel of State, but for my part, what you are I cannot well tell; but this I know, that had you (as you pretend) a just authority from the Parliament, yet were not your Authority valuable or binding, till solemnly proclaimed to the people: so that for my part, in regard you were pleased thus violently to bring me before you, I shall humbly crave at your hands, the production of your Authority, that I may know what it is, for my better information how to demean my self.

Presid.]

Mr. Overton, We are satisfied in our Authority.

R. Overt.]

Sir, if I may not know it, however I humbly desire, that I may be delivered from under the force of the Military power, for having a naturall and legall title to the Rights of an Englishman, I shall desire that I may have the benefit of the Law of England, (which Law taketh no cognizance of the Sword). And in case you or any man pretend matter of crime against me, in order to a tryall, I desire I may be resigned up to the Civil Magistrate, and receive a free and legall tryall in some ordinary Court of Justice, according to the known Law of the Land, that if I be found a transgressor Edition: current; Page: [6-162] of any established declared Law of England, on Gods name let me suffer the penalty of that Law.

Further, Sir, In case I must still be detained a prisoner, it is my earnest desire, that I may be disposed to some prison under the jurisdiction and custody of the Civill Authority: For, as for my own part, I cannot in conscience (to the common right of the people) submit my self in any wise to the tryall or custody of the Sword, for I am no Souldier, neither hath the Army any Authoritie over me, I owe them neither dutie nor obedience, they are no Sheriffs, Justices, Bailiffs, Constables, or other Civil Magistrates: So that I cannot, neither will I submit unto their power, but must take the boldnesse to protest against it.

Presid.

Mr. Overton, If this be your Answer, you may withdraw.

R. Overt.

Sir, I humbly desire a word or two more.

Lieut.

Gen. Let him have liberty.

Presid.

Mr. Overton, You may speak on.

R. Overt.

Gentlemen, for future peace and securitie sake, I shall humbly desire to offer this unto your consideration, namely, that if you think it meet: That you would chuse any four men in England, pick and chuse where you please, and we (for my part, I speak it freely in my own behalf, and I think I may say as much in theirs) shall endeavour to the utmost of our power by a fair and moderate Discourse, to give the best account and satisfaction concerning the matter of difference betwixt us, that we can, that if possible, peace and agreement may be made: And this, after the weaknesse of my small understanding, I judge to be a fair and reasonable way: if you shall be pleased to accept of it, you may, if not, you may use your pleasure, I am in your hand, do with me as you think good, I am not able to hinder you.

Presid.

Mr. Overton, If this be all you have to say, withdraw.

R. Overt.

Sir, I have said.

So I was commanded into a little withdrawing room close by the Councel; and I supposed they would have taken my motion into consideration: But after I had been there a while, I was ordered to the Room again, where Lieut. Col. Lilburn, Mr. Walwine, &c. were.

And now that it may be clear unto the whole world, that we heartily desire the prevention and cessation of all differences and divisions that may be bred and break forth in the Land, to the hazard, if not actuall imbroilment thereof in a new exundation of blood in the prosecution of this controversie, wee do freely from Edition: current; Page: [6-163] the heart (that heaven and earth may bear witnesse betwixt our integrity to the peace of the Commonwealth, and their dealings with us) make this proffer as to be known to the whole world; that wee (in the first place I may best speak for my self; and I so far know the minds of Lieutenant Col. John Lilburn, Mr. Walwine, and Mr. Prince, that I may as freely speak it in their behalfs) wil, by the Assistance of God, give any four men in England that they shall chuse (although the Lieutenant General, and the Commissarie Generall be two of them) a free and moderate debate (if they shall think it no scorn) touching all matters of difference betwixt us, as to the businesse of the Common-wealth (for therein doth consist the controversie betwixt us) that if possibly, new flames and combustions may be quenched, and a thorow and an hearty composure be made betwixt us, upon the grounds of an equall and just Government. And that the businesse may be brought to a certain issue betwixt us, let them, if they please, chuse two Umpires out of the House, or else-where, and we will chuse two; and for our parts, we shall stand to the free determination or sentence, that these four, or any three of them shall passe betwixt us. Or else, if they please but to center upon The Agreement of the People, with amendments according to our late sad Apprehensions, presented to the House upon the 26 of February 1648, for our parts, we shall seal a Contract of Oblivion for all by-past matters, relating either to good name, life, libertie or estate; saving, of making Accompt for the publick Monies of the Common-wealth: And in such an Agreement we will center, to live and die with them in the prosecution thereof. And if this be not a fair and peaceable motion, let all well-minded people judge.

But if nothing will satisfie them but our bloud, we shall not (through the might of God) be sparing of that, to give witnesse to the Right and Freedom of this Common wealth against their Usurpation and Tyranny, but let them know this, That Building hath a bad Foundation that is laid in the bloud of honest men, such as their own knowledge and consciences bear them record, are faithfull to the common interest and safety of the People: out of our ashes may possibly arise their destruction. This I know, God is just, and he will repay the bloud of the innocent upon the head of the Tyrant. But to return to the Narrative.

After some small space that we had all been before them, we were called in again, first, Lieut. Col. John Lilburn, then Mr. Edition: current; Page: [6-164] Walwine, and then my self: And coming before them the second time, Mr. Bradshaw, spake to this effect:

Presid.

Mr. Overton, The Councel hath taken your Answer into consideration, and they are to discharge their dutie to the Parliament, who hath ordered them to make enquiry after the Book, intituled, The second part of England’s new Chains, &c. and thereof they are to give an account to the House: And the Councel hath ordered me to put this question unto you, Whether you had an hand in the contriving or publishing this Book, or no?

R. Overt.

Sir, I well remember, that since you cut off the King’s head, you declared (or at least the Parliament, from whence you pretend the derivation of your Authoritie) that you would maintain the known fundamentall Laws of the Land, and preserve them inviolable, that the meanest member of this Common-wealth, with the greatest, might freely and fully enjoy the absolute benefit thereof. Now Gentlemen, it is well known, and that unto your selves, that in cases criminall, as now you pretend against me, it is against the fundamentall Laws of this Common-wealth to proceed against any man by way of Interrogatories against himself, as you do against me: and I beleeve (Gentlemen) were you in our cases, you would not be willing to be so served your selves, (what you would have other men do unto you, that do you unto them.) So that for my part, Gentlemen, I do utterly refuse to make answer unto any thing in relation to my own person, or any man or men under heaven, but do humbly desire, that if you intend by way of Charge to proceed to any Triall of me, that it may be (as before I desired at your hands) by the known established Law of England, in some ordinary Court of Justice appointed for such cases (extraordinary waies being never to be used, but abominated, where ordinarie waies may be had) and I shall freely submit to what can be legally made good against me.

But I desire that in the mean time you would be pleased to take notice, that though in your eye I seem so highly criminal, as by those Votes you pretend; yet am I guiltie of nothing, not of this paper, intituled, The second part of England’s new Chains, in case I had never so much an hand in it, till it be legally proved: for the Law looketh upon no man to be guiltie of any crime, till by law he be convicted; so that, I cannot esteem my self guiltie of any thing, till by the Law you have made the same good against me.

And further Sir, I desire you to take notice, that I cannot be guiltie of the transgression of any Law, before that Law be in being: it is Edition: current; Page: [6-165] impossible to offend that which is not; Where there is no Law there is no Transgression: Now, those Votes on which you proceed against me are but of yesterdaies being; so that, had I an hand in that Book whereof you accuse me, provided it were before those Votes, you cannot render me guiltie by those Votes: If I had done any thing in it, since the Votes (provided you had solemnly proclaimed the same) then you might have had some colour to have proceeded against me: but I have but newly heard the Votes, and since that you know I could do nothing.

Presid.

Mr. Overton, I would correct your judgment in one thing: We are not upon any Triall of you; we are onely upon the discharge of our dutie, and that trust committed unto us by the Parliament, to make enquiry after the authors, contrivers and framers of the Book; and having information against your self and your Comrades, we sent for you, and are to return your Answer to the House, howsoever you dispute their Authority.

R. Overt.

Dispute their Authoritie, Sir! That’s but your supposition, and supposition is no proof. And Sir, as you say you are to discharge your dutie, so must I discharge mine. And as for matter of triall, I am sure you taxe me in a criminall way, and proceed to question me thereupon. But Sir, I conceive it my dutie to answer to none of your Questions in that nature, and therefore shall utterly refuse.

Now Gentlemen, I desire you to take notice, that I do not oppose you as you are members of the Common-wealth; for it is well known, and I think to some here, that I have ever been an opposer of oppression and tyrannie, even from the daies of the Bishops to this present time; and the Books that I have writ and published do in some measure bear witness thereof, and it is well known, that my practice hath ever been answerable thereunto. I suppose no man can accuse me, but that I have opposed Tyrannie where-ever I found it: It is all one to me under what name or title soever oppression be exercised, whether under the name of King, Parliament, Councel of State, under the name of this, or that, or any thing else, For tyrannie and oppression is tyrannie and oppression to me where-ever I finde it, and where-ever I finde it I shall oppose it, without respect of persons.

I know I am mortall and finite, and by the course of nature my daies must have a period, how soon I know not, and the most you can do, it is but to proceed to life; and for my part, I had rather die in the just vindication of the cause of the poor oppressed people of Edition: current; Page: [6-166] this Commonwealth, then to die in my bed, and the sooner it is, the welcomer, I care not if it were at this instant, for I value not what you can doe unto me.

But Gentlemen, I humbly desire yet a word or two. I confesse, I did not expect so much civilitie at your hands as I have found, and for the same I return you hearty thanks.

Now whereas you commonly say, That we will have no Bottom, center no where, and do taxe us by the Votes you read unto me, of destruction to the present Government, division and mutinie in the Armie, &c. But here I do professe unto you, as in the presence of the allseeing God, before whom one day I must give an account of all my actions, That in case you will but conclude upon an equall and just Government by way of an Agreement of the People, as was honourably begun by the Generall Officers of the Army, and but free that Article in it which concerns the liberty of Gods Worship from the vexatious entanglements and contradictions that are in it, that so consciencious people might freely (without any fear of an insulting Clergie) live quietly and peaceably in the enjoyment of their consciences, As also to add unto it a Barr against Regalitie, and the House of Lords; As also to make provision in it against the most weighty oppressions of the Land; that thereby they may be utterly removed, and for the future prevented, and the people setled in freedom and safetie : And then, for my part, neither hand, foot, pen, tongue, mouth or breath of mine shall move against you; but I shall with my utmost power, with hand, heart, life and bloud, assist you in the prosecution thereof, and therein center. Try me, and if I fail of my word, then let me suffer.

Presid.

Mr. Overton, If you have no more to say, you may withdraw.

R. Overt.

Sir, I humbly crave the further addition of a word or two. Gentlemen, I desire (as I did before) that I may (according to the common right of the people of England) be forthwith freed from under the power of the Sword, and be delivered into the hands of the Civil Magistrate, in case I shall be still detained a prisoner, for I am so much against the intrusion of the Military power into the seat of the Magistrate, that I had rather you would fetter me legs and hands, and tie me neck and heels together, and throw me into a Dungeon, and not allow me so much as the benefit of bread and water till I be starved to death, then I would accept of the best Down-bed in England, with sutable accommodation, under the custody of the Sword.

Edition: current; Page: [6-167]

President.

Mr. Overton, I would correct your Judgment a litle, you are not under the Military power, but under the Civil authority, for by the Authority of Parliament this Counsel by their Warrant hath sent for you.

R. Overton.

Sir, it is contest, that pro forma tantum, for matter of Forme, inke or paper, I am under the Civil Authoritie, but essentiallie and reallie, I am under the Martial power; for that Warrant by which I was taken, was executed upon me by the Military power, by a Partie of Horse, and divers Companies of Foot in Arms, and in that Hostile manner (like a prisoner of War) I was led Captive to White-hal, and there ever since, till commanded hither, I was kept amongst the Souldiers, and I am still under the same force: Besides, Sir, these men are meer Souldiers, no Officers of the Magistrate of England, they brought no Warrant to me from anie Justice of Peace, neither did carrie me before anie Justice of Peace, but seised on me, and kept me by their own force: Therefore it is evident and deer to me, That I am not under the Civil, but the Martial power.

President.

Master Overton, If this be your Answer, you may withdraw.

R. Overton.

Sir, I have said.

And so I was conducted to the Room where they had disposed Lieutenant Col. Lilburne and Mr. Walwine: And the next news we heard from them, was, of our Commitment to the Tower, and Master Prince and I were joy nod as yoak-fellows in one Warrant; a Copie whereof is as followeth;

These are to will and require you, to receive herewith into your Custody the Persons of Master Richard Overton, and Master Thomas Prince, and them safely to keep in your prison of the Tower of London, until you receive further Order: They being Committed to you upon suspition of High Treason; of which you are not to fail; and for which this shall be your Warrant: Given at the Councel of State at Darby-House this Twentie eighth day of March, 1649.

Signed in the Name, and by the Order of the
Councel of State, appointed by Authority
of Parliament.

To the Lieutenant of
the Tower.

JO. BRADSHAW President.

Edition: current; Page: [6-168]

Thus all un-interested, unprejudiced persons, (who measure things as they are in themselves, having nothing in admiration with respect of persons, who simply and sincerely mind the freedom and prosperity of the Common-wealth) may clearly see, as in a Glass, by this tast of Aristocraticall Tyranny towards us, a perfect and lively resemblance of the Councell of State; Ex pede Leonem, you may know a Lion by his foot, or a Bear by his paw: by this you may see their nature and kind, what and from whence they are, and whether they tend, by this line you may measure the height depth and breadth of their new Architecture of State, and by making our case but yours, you will find your selves new fettered in chaines, such as never England knew or tasted before; that you may (truly if you will but measure it in the consequence thereof,) break forth and cry out, Their little finger is thicker then our Fathers loines; our Fathers made our yoke heavie, but these adde unto our yoake; our Fathers chastised us with whips, but these chastise us with Scorpions. Who would have thought in the daies of their glorious pretences for Freedom, in the daies of their Engagements, Declarations and Remonstrances, while they were the hope of the oppressed, the joy of the righteous, and had the mighty confluence of all the afflicted and well-minded people of the Land about them, (I principally reflect upon the Victors of the times) I say, who would have thought to have heard, seen, or felt such things from their hands as we have done? Who would have thought such glorious and hopefull beginnings should have vanished into Tyrannie? Who would have thought to have seen those men end in the persecution and imprisonment of persons whom their own Consciences tell them, to be men of known integritie to the Common-wealth; and which is so evident and demonstrative, that thousands in this Nation can bear Record thereof; and that those men should be so devillish, so tyrannicall and arbitrary, as after their imprisonment, to rake hell, and skim the Devill, to conjure out matter of Charge or accusation against them, that they might have their blood, as in our case they have done, sending abroad their blood-hounds to search and pry out in every corner, what could be made out against us, going up and down like roaring Lions seeking how they might devour us; one offering Mistris Prince her Husbands libertie, and the 1000 l. they owe him, if he will but discover what he knoweth (as they are pleased to imagine) against us, and not onely so, but some Members of the House (as Mr. Kiffin confessed in respect of Edition: current; Page: [6-169] himself) negotiate with the principall Leaders of severall Congregations of religious people about the Town, to promote a petition, which was no other but in order to their bloudy designe against us, that those conscientious people (surprised by their fraudulent suggestions and craft) might (not truly understanding the business) appear in the disownment and discountenance of us, and in the approbation and furtherance of the prosecutors of their bloudy Votes of High-Treason, intentionally breathed out against us: for could they by their delusions overwhelm us once in the odium of religious people, with the venemous contagion of their malicious clamours, bug-bears, reproaches and lies, beget us under the Anathema of the Churches, then they think they may with case and applause cut us off, for that’s the venome lieth under the leafe, how finely soever they zeal it over, that so our friends and brethren (thus surprised and overtaken) may become our Butchers, and think they do God and their Country good service while they slay us; but let them beware how they contract the guilt of our bloud upon their heads; for assuredly the bloud of the Innocent will be upon them, and God will repay it; I speak not this to beg their mercy, I abhorre it, I bid defiance to what all the men and divels in earth or hell can do against me in the discharge of my understanding and Conscience for the good of this Common-wealth; for I know my Redeemer liveth, and that after this life I shall be restored to life and Immortality, and receive according to the innocency and uprightnesse of my heart: Otherwise, I tell you plainly, I would not thus put my life and wel-being in jeopardie, and expose my self to those extremities and necessities that I do; I would creaturize, be this or that or any thing else, as were the times, eat, drink, and take my pleasure; turn Judas or any thing to flatter great men for promotion: but blessed be the God of Heaven and Earth, he hath given me a better heart, and better understanding. But to proceed;

That which is most to our astonishment, we understand of a truth, That Master Kiffin (to whose Congregation my back-friend Axtel is a retainer) Master Spilsbury, Master Patience (who vilified the Book intituled, The Second Part of Englands New Chains, and yet contest he never saw it or heard it read, as by evidence can be made good) Mr. Fountain, Mr. Drapes, Mr. Richardson, Mr. Couset, Mr. Tomlins, and Mr Wade the Schol-master became their Pursuevants or bloud-hounds, to hunt us to the Bar of the House of Commons with a Petition (most evidently and cleerly in Edition: current; Page: [6-170] pursuance of our bloud) Intituled, The humble Petition and Representation of the several Churches of God in London, commonly (though falsly) called Anabaptists, April 2. 1649. tacitely and curiously in a most Religious vail pointing at, and reflecting upon us, as Interrupters of the Setlement of the Libertie and Freedom of this Common-wealth, headie, high-minded, unruly, disobedient, presumptuous, self-will’d, contemners of Rulers, Dignities and Civil Government, whoremasters, drunkares, cheaters, &c. as if it were not with those men, as with the Publican and Sinner, dis-owning the Book intituled, The Second Part, &c. which at that juncture of time, all circumstances dulie weighed, was an absolute justification of those Votes of High Treason, and of prosecution against us as Traytors, for the tendency of those Votes were vented at us, and that their own knowledge and Consciences tels them to be true, so that they could have done no more in Order to our bloud, then what they did in that matter, so as to hand it off fairly and covertly preserving to themselves the reputation of the Churches of God: and to adde unto their impiety against us, they juggle with the Churches, present it in the name of the Churches of God in London called Anabaptists, and in their names Remonstrate that they (meaning the Churches, as by the title they speak) neither had nor have heart nor hand in the framing, contriving, abetting, or promoting of the said Paper, which though read in several of our publick Meetings, we do solemnly professe, it was without our consent, being there openly opposed by us. Notwithstanding it is notoriously evident, That the generality of the People Dissented from their Petition against us, and as upon good intelligence I am informed, They had scarce ten in some Congregations to sign it, in some not above 2 or 3, in some none, and in the main they had not the Tythe of the people, and yet those men like a Consistory of Bishops, a Synod of Presbyters, or a New-England Classis, presume upon the Assumption of the name of Several Churches of God, as if to themselves they had purchased the Monopolie or Pattent thereof, or as if the persons of Mr. Kiffin, Mr. Patience, &c. were so many several Churches, (hence sprang the papal, Prelatical, and Presbyterial Supremacie over the Consciences of people) and therefore it behoveth the people to have a care of their Leaders.

We have had the name of King, the name of Parliament, the name of the Armie, &c. surprised, abused, and usurped against us by the hand of our exorbitant enemies; but never before, the name Edition: current; Page: [6-171] of Several Churches of God, and those stiled Anabaptists; Hear O Heavens, and judge O Earth! Was there ever the like Pact attempted or perpetrated amongst the Churches of God? such wickedness is not once to be named amongst them: And I do not doubt but the wel-minded Christian people of those several Churches presented by that Petition, will vindicate themselves from the Aspersion thereby laid upon them; For I cannot beleeve till I see it, That those people would do any thing, or own any thing that might but so much as seemingly tend to our bloud, or our imprisonment; I am confident they abhorre it: And they cannot in Conscience do less then to disavow that Bloudy Petition (as to its tendency against us) and till they do it, they will be sharers in the publick guilt of our imprisonment, yea, and of our Bloud, for (however God may divert the wicked purposes of men,) that Petition is guiltie of our Bloud.

I confesse, for my part, I am a man full of Sin, and personal Infirmities, and in that Relation I will not take upon me to cleer or justifie my self; but as for my Integrity and uprightnesse to the Common wealth, to whatsoever my understanding tels me is for the good of mankind, for the safety, freedom, and tranquillity of my Country, happinesse and prosperity of my Neighbours, to do to my neighbor as I would be done by, and for the freedom and protection of Religious people: I say as to those things, (according to the weak measure of my understanding and judgment) I know my integrity to be such, that I shall freely (in the might of God) sacrifice my life to give witnesse thereunto; and upon that Accompt I am now in Bonds, a protestor against the Aristocratical Tyrannie of the Counsel of State, scorning their Mercy, and bidding defiance to their Crueltie, had they ten millions more of Armies, & Cromwels to perpetrate their inhumanities upon me; for I know they can pass but to this life; when they have done that, they can do no more; and in this case of mine, he that will save his life shall loose it; I know my life is hid in Christ; and if upon this accompt I must yeild it, Welcome, welcome, welcome by the grace of God.

And as for those reproaches and scandals like the smoke of the bottomlesse pit, that are fomented against me, whereby too many zealous tender spirited people are prejudiced against my person, readie to abhorre the thing I do, though never so good, for my person sake, I desire such to remove their eies from persons to things: if the thing I do be good, it is of God, and so look upon it, and not upon me, and so they shall be sure not to mistake Edition: current; Page: [6-172] themselves, nor to wrong me: And I further desire such to consider, That tales, rumours, slanderings, backbitings, lyes, scandals &c. tost up and down like clouds with the wind, are not the fruits of the Spirit, neither are they weapons of Gods warfare, they are of the devil and corruption, and betray in the users of them an evil mind: It is a certain badge of a Deceiver to take up whisperings and tales of mens personal failings to inflect them to the cause those persons maintain, by such means to gain advantages upon them.

Consider whether the things I hold forth and professe as in relation to the Common-wealth, be not for the good of mankinde, and the preservation of Gods people: and if they be, my personal failings are not to be reckoned as a counter-balance against them. As I am in my self in respect to my own personall sins and transgressions, so I am to my self and to God, and so I must give an account, the just must stand by his own faith: But as I am in relation to the Common-wealth, that all men have cognizance of, because it concerns their own particular lives, livelihoods and beings, as well as my own, and my failings and evils in that respect I yeeld up to the cognizance of all men, to be righteously used against me. So that the businesse is, not how great a sinner I am, but how faithfull and reall to the Common-wealth, that’s the matter concerneth my neighbour, and whereof my neighbour is only in this publick Controversie to take notice, and for my personall sins that are not of Civill cognizance or wrong unto him, to leave them to God, whose judgment is righteous and just. And till persons professing Religion be brought to this sound temper, they fall far short of Christianity, the spirit of love, brotherly charity, doing to all men as they would be done by, is not in them; without which they are but as a sounding brass, and a tinkling cymball, a whited wall, rottenness and corruption, let their ceremonial formall practice of Religion be never so Angel-like or specious.

There is a great noise of my sins and iniquities: but which of my Aspersers Oxe or Asse have I stollen? which of them have I wronged the value of a farthing? They taxe me with filthinesse, and strange impieties, but which amongst them is innocent? he that is innocent, let him throw the first stone, otherwise let him lay his hand on his mouth: I have heard of as odious failings, even of the same nature whereof they tax me (and it may be, upon better evidence) amongst them, laid open to me, even of the highest in present power, as well as amongst eminent persons in Churches, Edition: current; Page: [6-173] which I ever have counted unworthy to be used as an engine against them in the Controversie of the Commonwealth: But if they will not be quiet, I shall be forced, in honour to my own reputation, to open the Cabinet of my Aspersers infirmities, that the world may see what sort of men they are that say unto others, thou shalt not steal, and steal themselves: I shall be sorry to be forced to it; but if they will not be content, necessity hath no law, I shall (as Mr. John Goodwin said to Mr. Edwards, if he would not be quiet) make all their reputations as a stinking carcasse.

And although they think they have such firm matters against me, let them not be too hastie to pursue me with reproach any further, lest it recoil with a vengeance upon themselves: for it is an old and a true saying, One tale is good till another be told. Therefore let no man judge before the time, lest he be judged; for I am able to vindicate my self to all rationall men, as clear as the Sun at noon day, in what I have done.

Much I might have said as in relation to the illegality of our Apprehension, Commitment, &c. But for the present I shall omit it to further opportunity, or the engagement of some more abler pen: And so I shall commit my self and my wayes to God alone, with chearfulnesse and alacrity of spirit, rejoycing that he hath counted me worthy to bear witnesse once more against the Oppressours of the People, and to suffer for the sake of the poor, against the insulting tyrants of the times.

RICHARD OVERTON.

From my Aristrocraticall
Captivity in the Tower
of London;

April 4, 1649.

Dulce est pro Patria mori.

Postscript

Courteous Reader, for thy better satisfaction concerning the infamous scandal raised by Lieutenant Colonel Axtel upon me, I thought meet to subjoin hereunto a Copie of an Affidavit concerning the Matter: But I have forborn the publishing of the Deponents name in print, upon his own desire. Yet those of my Edition: current; Page: [6-174] friends who are desirous, I shall be ready to shew unto them the Originall Copy: A transcript whereof is as followeth.

A. B. of the Parish of St. Anne Aldersgate, Citizen and Pewterer of London, aged thirty six years or thereabouts, maketh Oath, That whereas Lieutenant Colonel Axtel, upon his Apprehending of Mr. Richard Overton, upon Wednesday, between five and sixe of the clock in the morning, being the twenty ninth of March last past, 1649, by an Order from the Councell of State, did raise and make a Report, that he took the said Mr. Overton in bed with this Deponents Wife, that That Report was and is altogether false and scandalous, for that this Deponent and the said Mr. Overton, the Tuesday night next preceding the said Wednesday, did lie both together all that night in one and the self same bed, and this Deponents Wife and his little Childe in another bed of this Deponents house or lodgings. And that the next morning, before the said Lieutenant Colonel Axtel knocked at the door, this Deponent, with his Wife, with the said Mr. Overton, were all up and ready (saving that Mr. Overton had not put on his boots, band and cuffs) and were altogether in a chamber of this Deponents house, where this Deponents Wife was then suckling of her childe: and this Deponent hearing some body knock at the door, went down to open it, which was readily done by a girl of the same house. Whereupon the said Lieutenant Colonel Axtel (meeting this Deponent upon the stairs, and asking him if he were Mr. Overton, to which this Deponent replying, No,) commanded the Musketiers (who attended him) to take this Deponent into their custody, and he himself went directly up into the chamber with some Musketiers attending him. All which this Deponent affirmeth upon his oath to be true.

A.B.

Jurat. 4 Aprilis, 1649.

Rob. Aylet.

FINIS.

The Narrative of the Proceedings against Mr Thomas Prince, Thus followeth.

Upon Wednesday the 28. of March 1649. about four a Clock in the morning, my house was beset with about 200 Horse and Foot Edition: current; Page: [6-175] Souldiers with their Arms, one or more of them knocked at my door, my Wife being up with one of my Children (who was very sick) she hearing the knocking, speedily went and asked who was there? Some of them said, Is Mr Prince within? my wife said, yes: one of them said I would speak with him about some Butter and Cheese for Ireland: my wife told them, my husband is not stirring: they sayd, We must speak with him, it is not for his hurt: my wife presently comes running to my chamber and said to me, Husband, what have you done, here is a Troop of horse and many souldiers at the door for you? I gave my wife this Answer, I fear them not, if there were ten thousand Troops: presently my wife went and let them into my house, and being entred, they searched my Cestern and Oven, and three beds, and asked who lay in this bed? and who in that bed? &c. and turned and tossed the bed cloaths: presently after they came to the chamber where I was, with a pistoll and muskets presented against me: I asked them what the matter was? Lieutenant Colonel Axtel told me, I was his Prisoner, and that he did apprehend me for High Treason, I desired to see his Warrant: He said, here is a Warrant from the Councel of State, signed by the Lord President, and sealed with the great Seal: I took it of him, and read it over, and I found it was no Legal Warrant, and so I told the Lieutenant Colonel. Forthwith came my Wife unto me, and said unto the Souldiers, that she knew her Husband had done no harm, and that he cared not for the worst his Enemies could do unto him.

I was joyful to hear the cheerful words of my Wife, And my Wife further said, Is these the men my Husband hath stood for, and adventured his life, as he hath done, and trusted the Parliament in their necessities, above six years past, with above 1000 l. and is yet unpayd? I am sure my Husband is above 2000 l. the worse in his Estate, for assisting them. I said, Good sweet Heart be content, it is not for men I have stood, it is that the Commonwealth might be freed from Tyranny and Slavery, and I am not sorry for what I have done, for I have discharged a good Conscience therein.

I made me ready presently, took my leave of my dear and loving Wife, and went with the Lieutenant Colonel into my shop, where I found one of my servants and divers Souldiers with him, The Lieutenant Colonel asked me if I missed any thing, wished me to search the Souldiers.

I looked upon the Souldiers, and I told them, By their faces they seemed to me to be no such men: I told them, I had better thoughts of them, I, for my part, have done the Souldiers no wrong:

Edition: current; Page: [6-176]

And I doubt not but these men and their fellow-Souldiers will stand for their own and the Peoples just Liberties against all Tyranny in whomsoever.

And as I was going from my shop in the Lane which doth joyn to my house, there was another party of Souldiers which stood nigh unto my door, and perceiving them in the street and lane, I laught heartily to see so many armed men come for me: I told the Lieutenant Col. one man with a Legal Warrant had been sufficient: The Lieutenant said, they had special Order upon their peril to come: I told him, to come in that manner was suitable to his unjust Warrant: And I also told him, my name is Prince, and that it was usual for Princes to have great attendance.

The Lieutenant Collonel gave a Captain charge of me, to bring me to Paul’s yard, which was performed with a strong Guard following close unto us, after a very little time, came my Friend Lieut. Col. John Lilburn, and Mr William Walwyn, after salutations betwixt us, we went from thence with Adjutant General Stubbard to White-Hall, and there with a very strong Guard of Soldiers was brought unto us our Friend Mr Richard Overton, and there we were kept prisoners until about five a Clock in the afternoon, at that time with a Guard of Souldiers we were brought to Darby-house, within two hours after we had been there, I was called for, I presently went, as was desired, into a room, where I see about ten or twelve men sitting about a large Table, after I had given them a full view, I put off my Hat: I was spoke unto to go nigh Mr Bradshaw, which I did, Mr Bradshaw said unto me, Here is the Votes of Parliament against that printed paper, entituled, The second part of Englands new Chains discovered, which Mr Bradshaw gave unto Mr Frost to read it to me, which he did. Mr Bradshaw likewise told me, Here is an Order of Parliament, giving power to this Councel of State to finde out and examine the Authors, Framers and Contrivers of the aforesaid paper, and to deal with them as they shall see cause, This Councel is informed that you are one of the Authors, Framers or Contrivers of the aforesaid Paper, and you are required to give your Answer.

After a little silence, I said these words, or to this effect;

Sir, I am an Englishman, and therefore lay claim to all the Rights and Liberties which belongeth unto an Englishman, and God gave me such knowledg, that in the very first beginning of the late Wars I gave my cheerful assistance against those that would rule over the people by their own wills, and upon that account, I adventured my Edition: current; Page: [6-177] life, and lost much blood in defence of the Common-wealth, and all along to this day have assisted in person and purse, to my utmost abilities, and I am the same man still to withstand Tyranny in any whomsoever.

Sir, I hate no man in the world, only the evil in any man I hate.

Sir, all those good things which my conscience and my actions will witness, I have done in behalf of the Common-wealth, I desire they may be all layd aside, and not come in the ballance, as to hinder any punishment that can be afflicted upon me for breaking any known Law.

Sir, that which makes a man an offender, is for breach of a Law, and that Law ought to be made before the offence is committed. Sir, Although I have fought and assisted against the wills and tyranny of men, yet I have not fought to overthrow the known Laws of the Land, for if there be no Law to protect my Estate, Liberty and Life, but to be left to the will of men, to the power of the Sword, to be abused at pleasure, as I have been this day, contrary to Law, being fetcht from my wife and family. Sir, by the same rule you may send for my wife, and children, and for all my estate, and the next time, if you please, to destroy all my neighbors, nay all in the City, and so from County to County, until you destroy as many as you please.

Sir, I have heard talk of Levellers, but I am sure this is levelling indeed, and I do here before you abhor such doings, and I do protest against them.

Sir, There is a known Law in this Land: if I have wronged any man, let him take his course in Law against me, I fear not what any man in England can do to me by Law, and, Sir, the Law I lay claim unto, as my right, to protect me from violence.

Sir, the Parliament hath lately declared, they would maintain the Law; but I am sure their and your dealing by me declares to the contrary.

Mr Bradshaw said, Is this your Answer? I said, Yes, then I was commanded to withdraw.

After some space I was called in again, Mr Bradshaw asked me, if I did own or deny that Paper, entituled, The second part of Englands new Chains discovered; and to this I was required by that Councel to give my Answer. To which I replyed:

Sir, At the beginning of the Parliament it was declared, how destructive it was for any man to be examined upon Interrogatories, and Sir, if they had not Declared it, it is my right Edition: current; Page: [6-178] not to be examined against my self; Sir, God hath given me this understanding, not to wrong my Neighbour nor my Self, if my right hand should take away and betray the liberty of my left, I would cut it off: Sir, the people who is the Originall of all Just Power, hath not given any such power to the Parliament, as to examine men against themselves in criminall Causes, the Parliament cannot give that to others they have not.

Sir, as I said before, if any man in England hath any thing against me, let them take their course by Law, Sir, the Law doth prescribe Rules for the Offender to be brought before a Justice of Peace, and after the Justice hath examined witnesses upon Oath, before the party apprehended, if the offence (although proved upon oath) be Bayleable, the Justice is to take Bayle, if the Justice refuse, the party may arrest the Justice, and have his cost by Law against him, if not Bayleable the party is to be sent to prison, and there to be kept untill the next Session or Assises, and not during pleasure.

Sir, I never heard of any Law that gives you, or any of these Gentlemen that sit here, any just Authoritie to call me here in this manner before you.

Master Bradshaw said, Is this your Answer? I answered yes, then I was bid withdraw.

About an hour after, news was brought unto us, That we were to be sent Prisoners to the Tower, upon suspition of High Treason, we disputed with the Officer, and shewed he had no Legall Warrant to carry us thither as prisoners, notwithstanding (by the power of the sword) we were brought Prisoners to the Tower of London, where we are Rejoycing that we are counted worthy to suffer in bearing Testimony for the Freedome of the People, against their Usurpation and Tyrannie.

From the Tower of London
this

1. day of April 1649.

THO: PRINCE.

FINIS.

I shall desire to acquaint the Reader, that when the Title page of the fore-going Book was first set, there was an absolute determination to have re-printed all our Examinations together, but for some weighty reasons the intentions are altered, and because I understand that the fury, rage and bloud-thirstinesse of Cromwell, Edition: current; Page: [6-179] Ireton, Haslerig, and Harrison is most at me, right or wrong to destroy me and have my bloud, I am determined, by Gods assistance, to fill their hands as full with my own pen, as all the brains I have can fill them; and to make them pay a valuable price, if possibly I can, for every hair of my head. And in order to my future intentions, I shall here annex my Outcryes against the Bishops, when they had like to have murdered me in the Fleet, being printed at Amsterdam 1639, intituled

A Cry for Justice: or; An Epistle written by John Lilburn, To all the grave and worthy Citizens of the famous City of London, but especially to the Right honorable Maurice Abbot, Lord Maior thereof,

The most miserable and lamentable complaint of that inhumane, barbarous, savage and unparalell’d cruelty and tyranny, that is causelesly, unjustly, and wrongfully exercised upon me John Lilburn a faithfull Subject to my Prince, Country, and a Prentise of this Honorable City, though now a most deplorable close prisoner in the common Gaol of the Fleet. 1639.

Most Honorable and Noble Lord, The chief cause wherefore God the wise Governour of Heaven and Earth, did appoint Magistrates, was for the good of the sons of men, and that they should do Justice betwixt a man and his neighbour, and that they should hear the grievances of the oppressed, and deliver them from the cruelty of their oppressors.

That wrong, violence and injustice that I have suffered, would be now too long to relate in particular: but it being so insupportable, made me to publish it abroad unto the view of the world, to the perpetuall infamy of my tormentors, the chief of which are the traitorous, bloody, murthering Prelates.

The story of my former misery and wrongs you may, if you please, read at large in three severall Books of mine now in print, and published to the view of England, Scotland, Ireland and Holland. They are called My unjust Censure in the Star-chamber, My Speech at the Pillory, and My mournfull Lamentations. I have not seen them since they were put in print, because the Prelate of Canterbury wrongfully detains well nigh two thousand of them from me: but there are still many thousands of them behinde, and I doubt not but some, who pities my afflicted estate, will convey some of them unto your Lordships hands: In the last of which I have proved, that I am more cruelly dealt with, then bloudy Bonner Edition: current; Page: [6-180] dealt with the poor Saints and Martyrs in Queen Marys dayes, and that I am denyed that which in England was never yet denyed to any Traytor that ever I read of. And in it I accuse William Laud the Prelate of Canterbury for High Treason, the which I did a yeer agone before Sir John Banks Knight, and will still venture my life upon the proof thereof, if I may have a Legall proceeding. One ground of my accusation is this, the Parliament Laws and Statutes of this Land, as the 25 and 37 of Hen. 8. and the first of Edw. 6. and the first and 27 of Elizabeth, doth enact to this effect, That whosoever goes about to set up or challenge any terrain or domestick Ecclesiastical Jurisdiction, but what doth immediately flow and come from the Imperiall Crown, is (ipso facto) a Traitor, and ought to die without the benefit of Clergie, as more at large in them you may read. Now the Bishop of Canterbury and the rest of his mercilesse brethren, about four yeers agone, in the Censure of the Noble Doctor Bastwick, (now of late much degenerate) there in their open Court at Lambeth, renounced the King and his Authority, and said, They were not beholding to him for their Episcopall Jurisdiction, for they were made Bishops by Jesus Christ, and consecrated by the holy Ghost, and they had their thrones, and were before Christian Kings, and they held the Crowns of Kings upon their heads, and their Maxime was, No Bishop, no King. And if this be not treason, then I think there was never any committed: And this, with much more to this effect, Doctor Bastwick doth declare in his answer to Sir John Banks his Information (as you may read in the tenth and eleventh pages thereof.) And for this (most Noble Lord) was I, against all Law and Justice, laid in irons for a long time together, in a most inhumane manner, and lock’d up close prisoner for these twelve months together, against all Law, and to the violating of the Subjects Libertie: for by Magna Charta, and other Statutes of this Land, which are still in force, but onely the execution of them is thrown in the kennell, neither the Lord Keeper, nor any others ought to commit any of the Kings Subjects close prisoners, unless either for Felony or Treason, and onely in case of an extraordinary crime, and then they must forthwith bring them to their tryall: But by close imprisonment the Law doth not mean that the Kings Subjects should be locked up in rooms; much lesse, that their friends should not be suffered to come to speak with them, and bring them victuals to preserve their lives, as grave Judge Crook, not long since, in his Speech at Westminster-Hall did prove, when he Edition: current; Page: [6-181] pleaded for the Subjects Liberty. But contrary to the Parliament Laws, yea, and the practice of Heathens and Pagans, I am lockt up close all alone, and cannot be suffered to come to a just tryall; but am kept up so close, that my friends and acquaintance that bring me relief (I being long since deserted of my Kindred) are not suffered to come at me, but are sent away with that they bring me, with all the abuses, reproaches, and revilings that possible may be, by my Keeper. And one that came unto me he hath beaten, and others he hath threatned to kick if they come any more to me; and to others of them he hath most falsly and slanderously reviled me, calling me Rebell and Traytor, telling them that no victuals should come at me: so that I am forced daily, in regard of barbarous cruelty, to cry out aloud at my iron grate, to the prisoners and strangers, to let them know the height of my misery wherein I live: and yet no redresse can I have, but daily more and more cruelty is exercised upon me, and many grievous threats from bloudy murthering Morry my keeper, who threatens to hamper me, and lock my head and legs together for my complaining: This he did the last Lords day at night, and also offered to beat me with his keys, in so much, that at ten a clock at night I was forced to cry out to the prisoners of it. And in this most miserable condition do I remain, though I have been dangerously sick almost these eleven months, which many times hath brought me even unto deaths door; and in regard of my exceeding extremity of pain in my head, by reason of my long closenesse ever since Candlemass Term was twelve months, and my cruell torments besides, I have been constrained (for to get a little ease of my extream pain, which in sudden fits takes me for two or three hours together) to be tied to a constant course of Physick usually once in fourteen dayes, and sometimes oftner: And though of late I had a little liberty to walk once a day in the common prison yard; yet I am now deprived of it by the Warden for complaining of my keepers cruelty, and his shamefull abusing me, and my friends which did but come to look upon me; with whom this was my greatest discourse, that I had tied my self by promise, before I could get that little liberty of walking, that I would not talk with any Friends, therefore I desired them not to be offended, for I durst not talk with them: Yet because they came but to see me, I was deprived of it, and also they that looked to me in my sicknesse and weaknesse kept from me; so that now in my weakness I have none to look to me. In my Grievous and mournfull Complaint already published, I have a Edition: current; Page: [6-182] little touched the Wardens galled conscience for his cruell oppressions: wherefore he in revenge (it seems) intends to murther me, lest I should by my just complaints make it cost him as dear as the salving up of his wickednesse did, when he was last called to an account, for I have heard the prisoners with open mouth proclaim it, that for making his peace, he gave to the Earl of Bohon ten thousand pounds, and to the fore-man of the Jury one thousand pounds, for which his conscience being troubled, he revealed it upon his death bed: And also to an Officer five hundred pounds to rase out some things which were upon record: yea, I have heard the poor Prisoners proclaim it aloud, that he cozens them of above seven hundred pounds a yeer which belongs to them; and allows them but a small pittance, upon which they are not able to live; and some of them have severall times in the open Chappel cryed out to the Gentlemen prisoners, that they are ready to starve and perish for want of food; yea, so great hath been the barbarous cruelty of the Warden to the poor, that (if the Prisoners reports may be beleeved) poor men here have been forced, for want of food, to eat their own dung: And this had been my own condition, in likelyhood, had not God raised up some compassionate Friends, that were meer strangers unto me before my sufferings; some of which, through all difficulties and reproaches from my Keeper, have brought me food. And though the poor have not by the Wardens means the tenth part of their due, yet to lessen that small means which the poor hitherto hath had (some of which have nothing else in the world to live upon) he hath of late added unto them so many more, (some of which are men of able estates) which he hath put upon the charity, contrary to their Orders, purposely to starve the poor indeed: yea, he hath by force put upon the charity Henry the Hangman, who is under-Turnkey, and hath forty pound land a yeer, as he himself confesseth; and whose vailes besides, as I have heard the prisoners say, are some times better worth then three shillings a day, and this the warden hath done for him, because he is so officious and ready in beating and abusing the poor distressed prisoners, that cry out of the wardens cruelty; and not only the poor prisoners, but also some of those that come to visit and relieve them, some of which he hath beat, and threatned to kick others.

I have heard the prisoners affirm that the revenues of the Fleet hath been cast up to be above threescore thousand pounds a yeer, oh therefore the height of cruelty not to be paralell’d, I think Edition: current; Page: [6-183] amongst the savage, and barbarous Heathens and Pagans, and which mightily crys unto your Honor, now in our Soveraigns absence, for the wellfare of the City, betimes to be looked unto, and with the assistance of the Noble Lord Protector, to examine out the truth of things, that poor oppressed men may have speedy redress of their wrongs; the greatest part of which, ariseth by reason of the wardens greatnesse with the Bishop of Canterbury and the Lord Keeper, so that they dare not for fear (as I have heard some of them say) complain of him.

Besides my Lord it is notoriously known, that John Morry my upper keeper hath been arraigned at Newgate for murthering a prisoner here in former times, and I think here are other fresh things against him, if poor prisoners might be heard and have justice, which would bear another inditement, and at least manifest him to be too too bloudy a man to have the keeping of poor innocent men; for some in this prison, as it is here reported have been secretly poysoned and lost their lives upon it, and others with eating garlike, and like antidotes have expelled it, and are yet living here to justifie the same; and my dogged under keeper hath been a hangman; whereupon the prisoners at their fallings out with him, do say this verse to his face (viz) Morry the Irish pedler, and Harry the hangman of Cambridge-Shiere, and by these two bloody men, from both of which I have received unsufferable wrongs, my Adversaries intend I shall be killed in a corner.

Because of my untainted innocency, they dare not bring me to a legall publike tryal to the view of the Kingdom; wherefore I am forced by reason of intolerable cruelty injustice and wrong, to cry out unto your Honour, as I have often done at my grate, murther, murther, murther; therefore hear O Heavens, and give care O Earth, and all ye that hear or read this my just complaint and lamentation, bear witness to future generations, that I cry out of violence, wrong, injustice, cruelty, and inhumanity, that I suffer from the trayterous Bishop, and the unjust Lord Keeper, old Sir Henry Vaine, and their bloody Jaylours, which do and will execute their commands, be they never so unjust and unlawful. And how that for my zeal and courage for my God and his truth and glory, and for my ardent love to my Prince and Country, and for my strong desire and indeavour (or the prosperity and flourishing estate of this renowned City, the Metropolis of England, I am like to lose my life and blood by murthering cruelty in close Imprisonment, Therefore, oh all ye brave and worthy Citizens, Edition: current; Page: [6-184] save, help and rescue me a poor distressed and greatly oppressed young man, from the devouring pawes of devouring Lionish men.

Now my Honorable Lord, I come to make my humble supplication unto your self, which is this, that you would be pleased to take my most deplorable condition into your grave and serious consideration, and after your consultation about it, with your worshipfull brethren the Aldermen of this City, acquaint the honourable Lord protector that noble and courteous Earl of Northumberland, with it (who in part knows it already) but alas alas, I am long since deserted of my kindred and friends, so that I have none that dare follow my business for me, wherefore I am like shortly to perish in my great distress unless your Lorships be pleased in this particular to do something for me.

I desire from your Honours neither silver nor gold, for alas at present it would do me no pleasure, for had I all treasure in the world to buy me victuals, and want a stomack when I should have them, they would nothing avail me: and yet so lamentable is my condition, by reason of my longe closeness and painfull sickness; so that all the favour I desire is but the one of these two things. First that if I be thought to be an offender, that then I may be forthwith brought to a publick tryal, and suffered with freedom to pleade my own just cause again the Bishops, and the Lord Keeper, and old Sir Henry Vaine’s illegall and unjust censure of me which was onely upon this ground: because I refused to take an illegall and unlawfull inquisition oath, which he the Lord Keeper tendred to me, which as I told him to his face in the Star-chamber is against the Statute Lawes of this land; yea against the petition of right, enacted in the 3 yeer of our Soveraign King Charles; yea I told him and proved it to be against the Lawes of God and man, and contrary to the practise of the Heathens and Pagans; (as you may read in the Acts of the Apostles) yet this was the onely ground wherefore he and old Sir Henry Vane, &c. censured me to pay 100 pound, and to be whipt; for there was no witness brought against me face to face, onely there was read two false oaths made by one Edmond Chillington (now a Lieut. in Col. Whalyes Regiment, and one of the principal men that lately caused the Souldier to be shot to death at Pauls) whom the Bishop hired, by giving him his liberty out of New-gate prison for swearing those two false oaths, and doing them other wicked service of the like nature.

My Lord for my own part I desire no mercy nor favour nor compassion from the greatest of my enemies, but onely the benefit Edition: current; Page: [6-185] of my Soveraignes Lawes, which as I am a faithful and loyal subject to my Prince and Contry, I do according to my priviledge earnestly crave and begg not fearing by reason of my unspotted Innocency the rigour of Justice; for my innocency is such that I fear neither death nor hell, men nor Devills, hanging nor burning; for I assuredly know that when this my miserable life is ended I shall go to my God of glory to be a posessour of an immortall Crowne of glory.

In the second place, if they will not let me have a speedy and legal tryall, then therefore in regard my keepers are such murthering, poysoning and starving fellowes, that I have just cause, in regard of their cruell bloudy threats and inveterate malice at me, to fear that they will either secretly by poison, or else by other wicked cruelty put me to death. I humbly and earnestly desire, that I may be turned over to Bridwell, Newgate, either of the Counters, or any other prison about this City, where my friends may be suffered to come to me and relieve me, and look to me in my weaknesse and great distresse; for I am necessitated with speed to take physick again to ease the extremity of pain which I endure in my head; if my Friends according to law and humanity might be suffered to come to look to me. And for my safe imprisonment, if I may be removed I will put in sufficient security either to the L. Protector, or your self for my forth-coming at all times to answer whatsoever the greatest or capitallest of my enemies shall at any time object against me.

Now, my Lord, I have a little acquainted you with my grievous and just complaint, the particulars of which I offer to justifie and prove, it being such an example of cruelty which is lawlesly and unjustly exercised upon me, which I think cannot be parallell’d in any Nation in the world, where morality and humanity are professed.

Oh therefore, as you are the Noble Governour of this Renowned City, and a Magistrate of good report, make me some powerfull and speedy help against the cruel Warden, whose lawless, unjust, and uncontrollable oppressions are so great (not only to me, but also to-many other poor prisoners) that I think no Prison in the world is able to parallel those just complaints that poor distressed men are able justly to make against him; the chief of which arise from the Bishop, old Sir Henry Vane, and the Lord Keeper’s bearing up the Warden in all his cruelty, for executing with tyranny and rigour their unjust and unlawfull Commands upon those they Edition: current; Page: [6-186] commit hither to be tormented in our cruel Fleet Purgatory, which if any of the oppressed do but offer to speak of, the Warden and his Officers do labour by lawlesse cruelty to murther them.

Therefore it behoves you, my Lord, and my Lord Protector, now in our Soveraigns absence [being then gone against the Scots] to hear the cryes of poor distressed, and too too much oppressed prisoners, and to ease them according to justice and right, of their intolerable burthens.

For my own part, my distresses and miseries are so great, that I protest before the God of heaven and earth, that I had rather imbrace present death, then still endure the piercing bitternesse of my oppressing torments: yea, I had rather chuse to be banished into the howling and dolesom wildernesse, and left among the Lions, Dragons, Bears and Wolves, those devouring and ramping wilde beasts, then to be as I am, in the custody of the lawlesse, murthering Bishop and Jaylors.

O therefore, if there be any bowels of mercy and compassion in you, most Noble Lord, pity the deplorable condition of me a poor distressed innocent young man, and a Prentice of this Honourable City: And with you, my Lord, I have had occasion to speak face to face about my Masters businesse; and the last piece of service that I did him was in your Honours House. O that I were with you again, that I might with mournfull sollicitations sollicite you for some speedy redresse, which for our Christ his sake I beseech you let me shortly have, lest the continuance in my present and constant misery, cause me to publish this in print, proclaiming it aloud to other Nations, to the publick view of all men, that so they may know my miserable condition. But if I can but have any redresse I shall be ready at your Honours command to do you any service that I am able; and in the interim, I shall with willingnesse sit down in peace and silence. So committing you and all your brave Citizins to the keeping of the Almighty Protector, desiring him to guide your Noble heart uprightly to execute Justice and Judgment in your great place, in these tormenting, oppressing and bloudy times; that so your good name for equity and justice may be had in perpetuity in future generations. So for the present I humbly take my leave, and rest,

Your most miserable distressed, and cruelly oppressed poor Suppliant,

JOHN LILBURN.

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All of this I subscribe with my own bloud, which is already almost shed with cruelty: And for the safety of my life, since I was whipt, to the number of above 500 stripes with knotten whip-cords in lesse then an hours space, I have been forced to be let bloud four times.

And because in my most cruell condition I am not suffered to have either pen or ink, neither of which I make use of in the writing of this, I am forced to send it very ruggedly to your Honour, and to crave pardon for those literal faults that you shall finde in it.

From the Fleet, the oppressingest and cruellest prison (I think) that is in the world, the middle of this fifth Month, called May, 1639.

JOHN LILBURN.

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William Walwyn

Walwyn, William

5 April 1649

[8]

6.8. [William Walwyn], The English Souldiers Standard (n.p., 5 April 1649).

Source

[William Walwyn], The English Souldiers Standard to repair to, for Wisdom and Understanding in these doleful backsliding times. To be read by every honest Officer to his Souldiers, and by the Souldiers one to another. (n.p., 5 April 1649).

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IT WAS most worthily said of you, in your Declaration of the 14 of June 1647, page 6, That you were not a meer mercenary Army, hired to serve any arbitrary power of a State; but were called forth, and conjured by the severall Declarations of Parliament, to the defence of your own and the peoples just Rights and Liberties: and so you took up Arms in judgment and conscience, to those ends.

Which expressions of yours, and the like, gave so great content and satisfaction to all sorts of well-minded people, that the meanest private Souldier amongst you was more honourable in their esteem, then the most glorious out-side man in the world: you had been their guard by day, and their defence by night; you delivered them from the Bear, and from the Lion; and when the Parliament began to turn Tyrants themselves, and would have broken you in pieces by dividing of you, and sending a part of you for Ireland, that so they might without obstacle have trampled upon the peoples Liberties, you resolved, as became an Army whom the Lord had blessed, to deliver the people also from those uncircumcised Philistines.

And when they would have terrified you from so doing, with urging, that you resisted Authority; you spared not to tell them (and that truly) That it is no resisting of Magistracy, to side with the just principles and Law of Nature and Nations: And that the Souldiery may lawfully hold the hands of the Generall who will turn his Canon (meaning his strength, power and authority) against his Army, on purpose to destroy (or enslave) them: And Edition: current; Page: [6-190] such (you say) were the proceedings of our Ancestours of famous memorie, to the purchasing of such Rights and Liberties as they have enjoyed through the price of their bloud; and we both by that, and the later bloud of our dear friends and fellow-souldiers (with the hazard of our own) do now lay claim to.

And truly friends, it will be necessary for you to look quickly about you, and that to purpose, and to be like unto our Ancestors, or like unto your selves in what you then declared: and to enquire, whether you and the rest of the people of this Nation are yet restored to those their Rights and Liberties: and accordingly to be satisfied in your Judgments and Consciences.

You have been many of you Country-men and know well what a miserable burthen Tythes and Free-quarter are: many of you have been Trades-men and laborious people, and can be sensible how intolerable the burthen of Excise, and Customs, and Monopolies in Trade are, Officers and Usurers running away with that which should pay you, and the poor labour for; to the ruine of Trade. You cannot but know what it is to live continually in prison, in penury and beggery, hearing and seeing the misery of such poor people in all places.

You know, we live under unknown Laws, written in canting French, vext and molested with a whole drove of corrupt Judges, Lawyers, Jaylors, and the like Caterpillers of the Common-wealth.

Your great Officers indeed have reduced the Supreme Authority into one Jurisdiction: but what are we or you the better, when it is used to set up new ways of tryals for our Lives and Liberties, new Courts of Justice, denying both you and us (when they please) the benefits of tryals by twelve sworn men: when already they have punish’d for matters of Religion, as other corrupt Parliaments use to do: and when they have erected a Councell of State that already examines men upon Interrogatories against themselves in criminall Cases: when they stop the Presse, that no information shall be given to you or the people, and imploy worse beagles to hunt after books, than the High-Commission or Star-Chamber ever did?

Nay Friends, where are you and our Liberties, when your Generall Councel of Officers make it so hainous a crime for Souldiers to petition Parliaments, without licence of their Officers. It is but few years since that in London the Aldermen of the City endeavoured that no Citizens should petition the Edition: current; Page: [6-191] Parliament, but first they should passe the Common Councel.

But it was when those great men intended to grasp into their hands all power both of Parliament and people; as appeared soon after by their pernitious Remonstrances, and desperate Engagements; which we beleeve had done much more mischief, if honest and resolved Citizens had not made bold with their Greatships, and frequently visited the House with Petitions, which would as soon have past the fire, as the Common Councell.

And you had best look unto your selves, and to your and our Liberties, when as your Officers (many of them) begin to combine together, and punish men for petitioning; assure your selves, if they go on, your Liberties and ours are not long-lived; nay, are they not at last gasp, when they are grown so raging mad, as to importune for a Law to have power in themselves, to hang and put to death any person, though not of the Army, as shall hold any discourse with Souldiers about their own and the peoples just Rights and Liberties? Pray friends, were these men any part of the Army when you published to the world, that you took up Arms in Judgment and Conscience, for the peoples just Rights and Liberties? or have those your Officers forgot themselves, and utterly lost their consciences, and all sense of their then promises, Declarations, and Remonstrances? if so, you shall do well to remember them, as you did those Officers of yours that made scruple to engage with you for your right of petitioning, and for the peoples Liberties at New-market.

Or are these Officers usurpers, and not properly the Councell that was then chosen by the Army? pray look to it, for your Declarations and their works differ exceedingly; the one tending to freedom, but the latter to such a bondage as all true English Souldiers will abhor; and if you find that you have not chosen them to deal with you in those affairs of the Common-wealth, which concern every private Souldier, as the greatest Commander: What have you then to do, but chuse out from amongst your selves, such faithfull men, whether Officers or Souldiers, as in these doubtfull staggering times, have stood firm to their first principles, and do evidence by their humility and resolution, that they took up arms in judgement and Conscience, for their own and the peoples just Rights, and Liberties: and such as rather then the Nation should be deprived thereof, being purchased with so vast expence of blood, durst hold the hands of the Generall, and all the Generall Officers, if they shall persist Edition: current; Page: [6-192] to turn their Cannons, their strength, power, and authority to the enslaving of the Common-wealth.

For what else is become of that judgment and Conscience, in which you took up armes? certainly your Consciences cannot be satisfied that your Generall, and Generall Officers, no nor the new Generall Councell of Officers, (which seldom exceeds three-score persons) shall after all your tedious strivings, and struglings for liberty, against all other parties, make both you and us, slaves to themselves in a Counsell of State, or their own packt Parliament? certainly Tyranny, Cruelty and continuance of oppression, is not the lesse because your Officers are now the Authors and continuers of it: but should rather be esteemed the greater and more abominable, by how much their promises have exceeded others. It cannot stand either with sound judgment, or good Conscience, that now you should be so far respecters of persons, as to beare with that wickedness, and treachery in your pretended friends and Commanders, which you have by many years war laboured to destroy and root out, in two great and powerful parties.

You are seriously to consider that you have an alseeing God to give an account unto, and are not to please your Commanders in fulfilling their wils; but to be sure that you give satisfaction to your Conscience in the well pleasing of Almighty God.

And it will be no satisfaction at all to his justice, when he shall call you to an account for the killing and slaying of men, for you to say that you did it in obedience to the Commands of your Generall and Officers; for you must note that it is those just ends, the rights and liberties of the people, that only can acquit you from being murtherers in all you have done, so that you may at once highly please your commanders in killing and slaying of men, to make way for their greatness, wealth, and domination; and more highly displease God in being murtherers in so doing: nor can you escape his heavy Judgments, except you persevere and go on to those just ends, unto which you have made your way as through a Sea of Blood, and to be no respecters of persons, but to take whomsoever for an enemy that shall oppose you therein.

It is observed that you are very strict against your own fellow Souldiers, in case they offend, though in small matters, inflicting very severe punishments for particular offences; and why then look you not after and consider the ways of your Commanders, Edition: current; Page: [6-193] but let them pass with all their delusions of the Army, abusing the faith and credit thereof, with all sorts of people, breaking your Counsell of Agitators, corrupting and terrifying both Officers and Souldiers, to mould them to their own vile and unworthy ends: and are now in a ready way to make themselves, and their creatures in Parliament, and elsewhere absolute Masters over the Common-wealth? Nay do you not help them in it for want of consideration? for why else are you so ready to execute their cruell sentences upon honest and faithfull Souldiers, as your shooting the man to death at Ware, and imprisoning of divers about the agreement of the people? And now also of late your forcing of five worthy Souldiers to ride the Horse, with their faces to the Horse tails, and breaking their swords over their heads, for standing to their and your Right in petitioning, and for presenting a letter to your cruell Counsell in justification thereof?

It seems it is a very true proverbe, that honors change manners, and is fully verified in your great Commanders, who in the fore recited Declaration of the 14 of June 1647 earnestly desired that, the right and freedom of the people to present petitions to the Parliament might be cleared and vindicated, haveing made it before hainous crime in Hollis, and Stapleton, to hinder the Souldiers from petitioning; and yet now being in honor and power, judge, and sentence honest faithfull Souldiers, to base unworthy punishments, for but resolving to petition.

But truely friends, suffer this and suffer any thing; experience saith, he that takes one box on the car invites another; and when Souldiers that should be men in all things, stand still and suffer their fellow Souldiers to be thus abused by a pack of Officers, no marvell if these officers turn Tyrants, and presume to do any thing to any man.

What right hath a Generall, Generall Officers, or a Counsell of Officers, to petition more then the meanest private Souldier? surely, to be a Generall is not to be above Law, except he make himself a Tyrant; is he or any Officer any other but a person under authority and accomptable for discharge of their trusts? nor is a private Souldier a slave because he is a private souldier: but to have as full benefit of the Law, as clear a use of his liberty in petitioning, or otherwayes as his Generall, or Officers; and there is no surer mark to know a Tyrant by, or such as would be so, then for any to argue otherwise: And it will be good to mark such with a black coale.

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Pray consider it, and lay it to heart: Is it not a shame that your fellow-souldiers should undergo so slavish, so severe and painfull punishment, as to ride the woodden horse, or run the gauntlet, and be whipt for small particular offences, and that you should suffer in the mean time your Officers and Commanders to turn Tyrants, and never punish them at all for it? Is this to take up Arms in Judgment and Conscience, when one man, being your Commander, may (as the proverb saith) steal a horse, and you will hang a private souldier for but looking over the hedge? for what comparison is there between a private souldiers offence, and an Officers turning a Bear, a Wolf, a Tyrant?

Beleeve it, if you look not to it speedily, your Officers are in a ready way to make you and the Commonwealth absolute slaves; for they mould and fashion the Army even how they please; preferring none to commande but flatterers and servile men, and catch at all advantages to turn all such out of command as are anyway sensible of the rights of the people; and have taken so absolute a power therein so long, that they have done very much of their work:

And do beleive all is formed to their own bent, and that’s the reason they presume now to propose the sending of many of you for Ireland, pretending extraordinary necessity, and that that Nation otherwise will be utterly lost:—but surely all parties are not so soon agreed; ’twill not be amiss to make two words to such a bargain.

This you know is not the first fetch for Ireland; and you must note ’tis neither Ireland, nor Scotland, nor any other forces they fear, but the sting of their own consciences perpetually tels them they have dealt most perfideously, and Tyrannously with the Army, and Common-wealth; and they perceive by the many motions of Soilldiers, and others, that the Army is likely to draw out Adjutators once more, whose morning they know will be the evening of their domination, and the next day they fear will prove their dooms day:

To avoid which, in all post haste they must be divided, and sent some one way, and some another; but if you be wise, stay a little, or you may perhaps never meet again. Certainly, before you go, it will be good for you to see those Rights and Liberties of the people, for which you took up Arms in judgment and conscience, cleared and secured, by a full and clear Agreement of the people; and not to leave them at the meer arbitrary mercy of a Councel Edition: current; Page: [6-195] of State, or a pack’d Parliament: for since they have dared to gull and cheat you to your faces, and whilest you are hereabouts, and together; what inhumane cruelties may they not do in your absence? especially, since they incline to raise more forces of a mercenary and servile nature, that shall make no questions for conscience sake about their Commands, as you have been used to do; and then fare-well the English Liberties for ever.

What-ever they may tell you, or however they may flatter you, there is no less danger lies at the bottom of this business for Ireland, and therefore it behoves every one of you to lay it to heart: and before you resolve upon a new Engagement, first see a new Representative of the Army established, by the free Election of every Regiment; and refer your selves to their Counsel and advice in all things, to be disposed of as they shall see cause; and neither admit of disbandings, nor of new listings, nor of any undertaking for Ireland, or any other service, but as that Councell shall advise.

For consider, as things now stand, to what end you should hazard your lives against the Irish: have you not been fighting these seven years in England for Right and Liberties, that you are yet deluded of? and that too, when as none can hinder you of them but your own Officers, under whom you have fought? and will you go on stil to kil, slay and murther men, to make them as absolute Lords and Masters over Ireland as you have made them over England? or is it your ambition to reduce the Irish to the happinesse of Tythes upon trebble dammages, to Excise, Customs and Monopolies in Trades? or to fill their prisons with poor disabled prisoners, to fill their Land with swarms of beggers; to enrich their Parliament-men, and impoverish their people; to take down Monarchical Tyranny, and set up an Aristocratical Tyranny; or to over-spread that Nation as this yet is, with such Wasps and Hornets as our Lawyers and their Confederates? Or if you intend not this, or would be sorry to see no better effects of your undertakings, it certainly concerns you in the first place, and before you go, to see those evils reformed here; that when occasion shall justly invite you thither, you may carry a good platform in your hands, such a one as possibly they will never fight against: And it would be much more to be wished, that you might overcome them by just and equall offers, then by strength and force. And except you begin and proceed thus, how you will satisfie your consciences, is not discernable.

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Therefore look to it, and be not surprised neither with the suddenness nor the plausibleness that may be put upon it by your General, or General Councels; the killing and slaying of men, or the making of a War, being a thing that every particular man of you must give a strict account to God for; in whose sight your Commanders are of as smal weight, when they come to be put into his just balance, as the meanest of you; and at whose great day, these will be found infallible truths, though now they will be called dividing doctrines.

But you must be stedfast to truths, and not be startled from your principles, nor from your promises and engagements, by the revilings of men: these being properly to be called Dividers, that forsake the society of honest men, because they stick close to their principles: it being also certainly good and justifiable to divide for good, rather then to unite for evill.

Labour by all means every man of you to preserve the love of the people toward you, and upon all occasions make it evident that it is for their good you continue in Arms, be courteous and gentle towards all you meet, whether in the streets, or upon the Roads; give them kind language and civil respects, without justling, or brushing, or bustling for the way; a thing which some proud Officers have cherish’d too much in some rude persons: and at your Quarters exercise your selves in harmless refreshments, without noise or lavish expence and give the preeminence to the Master and Mistris of the Family, whether rich or poor; and so you have food and raiment, be therewith content, without regard of bravery or delicateness; eat not but for hunger, which makes all things sweet; and cloath not but for health; and your happiness will not be far to seek.

Beware of entertaining il thoughts of any man, or of any condition of men without good proof; try and examine all things which shall be proposed unto you to act upon; and act or not act as you find the things good or evil; and be not diverted from your own understandings, by your respect to mens persons, nor terrified by aspersions cast upon the proposers, which from our Saviours time to this day hath ever been the obstructer of all good endevours: and if you mind the present proceedings, you will find it was never more practised then now; and it wil never go wel with the Publick, till you mark all aspersers as men that labour to deceive; and know what they have to alledge against the matter proposed, without reflection upon the persons that Edition: current; Page: [6-197] propose it, or you will never go on with any thing of worth.

Its come to a pretty pass with most of your great Officers: they would have you to obey their commands, though to the killing and slaying of men, without asking a reason: and as the Church of Rome holds the poor ignorant Papists in blind obedience, who are taught to beleeve as the Church beleeves; so would they have it with you, to be led this way, or that way (as men lead horses) into Ireland, or Scotland, or any whither, and as horses shall be whipped, or hanged as mutiniers, if you but dispute the cause, or but petition to have the cause stated before you go, that your judgments and consciences may be fully satisfied (as becometh honest men and Christians) in the lawfulness of whatsoever you undertake. But as there is no Tyrants like those of Rome, through the sottish ignorance of the Papists; so there is nothing will make your Officers so perfect tyrants, as this kind of blind obedience in you: nor wil any thing demonstrate that you took up arms in judgment and conscience, but that every one of you be satisfied in both, before you undertake or engage in any service: and that by sound consideration you wipe off that scandal which your great Officers have fixt upon you; that is, that if they but provide the Troopers good pay, they make no question but to command them any whither, and that they are then assured the Foot will follow the Horse whithersoever they go. ’Tis a sad storie, but it is frequent in their discourse, and no doubt you know it; and shews to what state they designe to bring you.

On the other side, if any thing be proposed to you that is good in it self, and absolutely necessarie for the peace and freedom of the Common-wealth, how then do they bestir themselves, and even sweat with labor to perswade, that you see not to the bottom of it, that it is the most dangerous designe that ever was, that Jesuits at least must be the authors of it, if not Levellers, who like Jack Cade, and Wat Tiler, and the Anabaptists of Munster, would have all things common, wives and all.

But if you rightly consider, this doth but manifest unto you, that all Tyrants are directed by one and the same means; this being but the very same measure which was measured to the whole Army, a little before you past through the City, by those your opposers that were then setting up other Tyrannie.

Your General and Gen. Officers being then Jack Cade and Wat Tiler, that would have all things common; who now setting Edition: current; Page: [6-198] up for themselves, have packt a Parliament and a Councell of State for their purpose, must bestow the same language upon them that oppose those, as was bestowed upon themselves, and whilest you live you may confidently build upon, that none but those that would be Tyrants, will by aspersions go about to terrifie men from relying upon their own understandings.

You have had very much experience: and if you do but any thing consider and resolve, you shall very hardly be deceived; but assure your selves the great work in hand is how to deceive or corrupt you, it being impossible otherwise for them to become Masters of the Common-wealth.

And if they can but get a considerable part of you for Ireland before you see the Councell of State abolished, and this Nation set upon such sure foundations of Freedom, as shall not be in the power of future Parliaments to subvert, their work’s done: nay if they cannot get you for Ireland as themselves much doubt thereof, and have cause enough considering the difficulties attending; yet if they can but get a good part of you in to Scotland before you see those Foundations of freedom setted firmly by an honest agreement of the people, nothing can hinder them of their designe.

Therefore be sure to see this Nation well settled first: keep together here and you may be confident none dare meddle with you from abroad, and when all things are to your mind at home, you may then safely cast your eys abroad, but not before, nor will it ever be good for you to meddle abroad but upon evident cause, upon good grounds, that you may engage upon sound Judgement and good conscience; and not as most of the world doth through ambition, covetousness, and revenge, the fomenters of most of the wars that ever were; and the religion, freedom, peace and prosperity of the people, have been ever in the tongue, yea though accompanied with fastings and prayings, and long preachings, yet your experiences cannot but tell you, ambition, covetousnesse, and revenge have ever been at the heart; and God is discovering it to the whole world.

And may every one of you, and your wel-minded Officers, be therein effectuall instruments to his glory, and in the accomplishment of the freedom, peace and happiness of this miserably abused Nation: And that you may be so, and neither be diverted nor terrified from selling yourselves thereunto, and that with all your might, cast your eys frequenly on this your Standard, and Edition: current; Page: [6-199] be diligent in searching into your own Consciences, and swerve not from what you find to be your duty; prefer your Officers before others, if they inform your Judgements aright, and lead you to nothing but what is evidently just, obey them exactly after you are resolved of the Justnesse of the cause, but not before.

For he that runs to kill men meerly upon Authority, or others Judgments, or for money, is condemned of himself, in his Conscience, as a murtherer, be the cause what it will; and first or last shall not escape the Judgments of God.

FINIS.

Edition: current; Page: [6-200]

John Lilburne

Lilburne, John

William Walwyn

Walwyn, William

Thomas Price

Price, Thomas

Richard Overton

Overton, Richard

14 April 1649

[9]

6.9. [Signed by John Lilburn, William Walwyn, Thomas Price, Richard Overton, sometimes attributed mainly to Walwyn], A Manifestation from Lieutenant Col. John Lilburn et al. (n.p., 14 April 1649).

Source

[Signed by John Lilburn, William Walwyn, Thomas Price, Richard Overton, sometimes attributed mainly to Walwyn], A Manifestation from Lieutenant Col. John Lilburn, Mr William Walwyn, Mr Thomas Prince, and Mr Richard Overton, (Now Prisoners in the Tower of London) And others, commonly (though unjustly) styled Levellers. Intended for their Full Vindication from the many aspersions cast upon them, to render them odious to the World, and unserviceable to the Common-wealth. And to satisfie and ascertain all men whereunto all their Motions and Endeavours tend, and what is the ultimate Scope of their Engagement in the Publick Affaires. They also that render evill for good, are Our adversaries: because we follow the thing that good is. Printed in the year of our Lord, 1649. (n.p., 14 April 1649).

Edition: current; Page: [6-201]

Since no man is born for himself only, but obliged by the Laws of Nature (which reaches all) of Christianity (which ingages us as Christians) and of Publick Societie and Government, to employ our endeavours for the advancement of a communitive Happinesse, of equall concernment to others as our selves: here have we (according to that measure of understanding God hath dispensed unto us) laboured with much weaknesse indeed, but with integrity of heart, to produce out of the Common Calamities, such a proportion of Freedom and good to the Nation, as might somewhat compensate its many grievances and lasting sufferings: And although in doing thereof we have hitherto reaped only Reproach, and hatred for our good Will, and been faine to wrestle with the violent passions of Powers and Principalities; yet since it is nothing so much as our Blessed Master and his Followers suffered before us, and but what at first we reckoned upon, we cannot be thereby any whit dismayed in the performance of our duties, supported inwardly by the Innocency and evennesse of our Consciences.

’Tis a very great unhappinesse we well know, to be alwayes strugling and striving in the world, and does wholly keep us from Edition: current; Page: [6-202] the enjoyment of those contentments our severall Conditions reach unto: So that if we should consult only with ourselves, and regard only our own ease, Wee should never enterpose as we have done, in behalfe of the Commonwealth: But when so much has been done for recovery of our Liberties, and seeing God hath so blest that which has been done, as thereby to cleer the way, and to afford an opportunity which these 600 years has been desired, but could never be attained, of making this a truly happy and wholly Free Nation; We think our selves bound by the greatest obligations that may be, to prevent the neglect of this opportunity, and to hinder as much as lyes in us, that the bloud which has been shed be not spilt like water upon the ground, nor that after the abundant Calamities, which have overspread all quarters of the Land, the change be onely Notionall, Nominall, Circumstantiall, whilst the reall Burdens, Grievances, and Bondages, be continued, even when the Monarchy is changed into a Republike.

We are no more concern’d indeed then other men, and could bear the Yoke we believe as easily as others; but since a Common Duty lyes upon every man to be cautious and circumspect in behalfe of his Country, especially while the Government thereof is setting, other mens neglect is so far we thinke from being a just motive to us of the like sloath and inanimadvertency, as that it rather requires of us an increase of care and circumspection, which if it produces not so good a settlement as ought to be, yet certainly it will prevent its being so bad as otherwise it would be, if we should all only mind our particular callings and employments.

So that although personally we may suffer, yet our solace is that the Common-wealth is therby some gainer, and we doubt not but that God in his due time wil so cleerly dispel the Clouds of Ignominy and Obloquy which now surround us by keeping our hearts upright and our spirits sincerely publike, that every good man will give us the right hand of fellowship, and be even sorry that they have been estranged, and so hardly opinionated against us: We question not but that in time the reason of such misprisions will appeare to be in their eyes and not in our Actions, in the false Representation of things to them and improper glosses that are put upon every thing we do or say: In our own behalfs we have as yet said nothing, trusting that either shame and Christian duty would restrainE men from making so bold with others good Name and Reputation, or that the sincerity of our actions would evince the falshood of these scandals, and prevent the Peoples Beliefe of Edition: current; Page: [6-203] them; But we have found that with too much greedinesse they suck in Reports that tend to the discredit of others, and that our silence gives encouragement to bad Rumors of us; so that in all places they are spread, and industriously propagated as well amongst them that know us, as them that know us not, the first being fed with jealousies that there is more in our designs then appeares, that there is something of danger in the bottom of our hearts, not yet discovered: that we are driven on by others, that we are even discontented and irresolved, that no body yet knowes what we would have, or where our desires will end; whilst they that know us not are made believe any strange conceit of us, that we would Levell all mens estates, that we would have no distinction of Orders and Dignities amongst men, that we are indeed for no government, but a Popular confusion; and then againe that we have bin Agents for the King, and now for the Queen; That we are Atheists, Antiscripturists, jesuites and indeed any thing, that is hatefull and of evill repute amongst men.

All which we could without observance pass over, remembring what is promised to be the Portion of good men, were the damage only personall, but since the ends of such Rumors are purposely to make us uselesse and unserviceable to the Common-wealth, we are necessitated to open our breasts and shew the world our insides, for removing of those scandalls that lye upon us, and likewise for manifesting plainly and particularly what our desires are, and in what we will center and acquiess: all which we shall present to publike view and consideration, not pertinatiously or Magisterially, as concluding other mens judgements, but manifesting our own, for our further vindication, and for the procuring of a Bond and lasting establishment for the Commonwealth.

First, Then it will be requisite that we express our selves concerning Levelling, for which we suppose is commonly meant an equalling of mens estates, and taking away the proper right and Title that every man has to what is his own. This as we have formerly declared against, particularly in our petition of the 11 of Sept. so do we again professe that to attempt an inducing the same is most injurious, unlesse there did precede an universall assent thereunto from all and every one of the People. Nor doe we, under favour, judge it within the Power of a Representative it selfe, because although their power is supreame, yet it is but deputative and of trust, and consequently must be restrained Edition: current; Page: [6-204] expresly or tacitely, to some particulars essential as well to the Peoples safety and freedom as to the present Government.

The Community amongst the primitive Christians, was Voluntary, not Coactive; they brought their goods and laid them at the Apostles feet, they were not enjoyned to bring them, it was the effect of their Charity and heavenly mindednesse, which the blessed Apostles begot in them, and not the Injunction of any Constitution, which as it was but for a short time done, and in but two or three places, that the Scripture makes mention of, so does the very doing of it there and the Apostles answer to him that detained a part, imply that it was not esteemed a duty, but reckoned a voluntary act occasioned by the abundant measure of faith that was in those Christians and Apostles.

We profess therefore that we never had it in our thoughts to Level mens estates, it being the utmost of our aime that the Commonwealth be reduced to such a passe that every man may with as much security as may be enjoy his propriety.

We know very well that in all Ages those men that engage themselves against Tyranny, unjust and Arbitrary proceedings in Magistrats, have suffered under such appellations, the People being purposely frighted from that wich is good by insinuations of imaginary evill.

But be it so, we must notwithstanding discharge our Duties, which being performed, the successe is in Gods hand to whose good pleasure we must leave the cleering of mens spirits, our only certainty being Tranquillity of mind, and peace of Conscience.

For distinction of Orders and Dignities, We think them so far needfull, as they are animosities of vertue, or requisite for the maintenance of the Magistracy and Government, we thinke they were never intended for the nourishment of Ambition, or subjugation of the People but only to preserve the due respect and obedience in the People which is necessary for the better execution of the Laws.

That we are for Government and against Popular Confusion, we conceive all our actions declare, when rightly considered, our aim having bin all along to reduce it as near as might be to perfection, and certainly we know very well the pravity and corruption of mans heart is such that there could be no living without it; and that though Tyranny is so excessively bad, yet of the two extreames, Confusion is the worst: Tis somewhat a strange consequence to infer that because we have laboured so earnestly for a good Edition: current; Page: [6-205] Government, therefore we would have none at all, Because we would have the dead and exorbitant Branches pruned, and better sciOns grafted, therefore we would pluck the Tree up by the roots.

Yet thus have we been misconceived, and misrepresented to the world, under which we must suffer, till God sees it fitting in his good time to cleer such harsh mistakes, by which many, even good men keep a distance from us.

For those weake suppositions of some of us being Agents for the King or Queen, we think it needful to say no more but this, That though we have not bin any way violent against the persons of them, or their Partie, as having aimed at the conversion of all, and the destruction of none, yet doe we verily beleeve that those Principles and Maxims of Government which are most fundamentally opposite to the Prerogative, and the Kings interest, take their first rise and originall from us, many whereof though at first startled at, and disown’d by those that professed the greatest opposition to him, have yet since been taken up by them and put in practise: and this we think is sufficient, though much more might be said to cleer us from any Agency for that Party.

It is likewise suggested that we are acted by others, who have other ends then appear to us; we answer, That that cannot be, since every thing has its rise amongst our selves, and since those things we bring to light cannot conduce to the ends of any but the publike weale of the Nation.

All our Desires, Petitions and Papers are directly opposite to all corrupt Interests; nor have any credit with us but persons well known, and of certain aboads, and such as have given sound and undeniable testimonies of the truth of their affection to their Country: Besides, the things we promote, are not good onely in appearance, but sensibly so: not moulded nor contrived by the subtill or politick Principles of the World, but plainly produced and nakedly sent, without any insinuating arts, relying wholly upon the apparent and universall beleefe they carry in themselves; and that is it which convinces and engages us in the promotion thereof. So that that suggestion has not indeed any foundation in it self, but is purposely framed, as we conceive, to make us afraid one of another, and to disable us in the promotion of those good things that tend to the freedom and happinesse of the Common-wealth. For our being Jesuits, either in Order or Principles, as ’tis severally reported of us; Though the easiest Negative is hardly proved; yet we can say, That those on whom the first is principally fix’d, are Edition: current; Page: [6-206] married, and were never over Sea: and we think Marriage is never dispenc’d withall in that Order, and that none can be admitted into the Order but such as are personally present. ’Tis hard that we are put to expresse thus much; and haply we might better passe such reports over in silence; but that we beleeve the very mentioning of them publickly, will be an answer to them, and make such as foment them asham’d of such generally condemned wayes of discrediting and blasting the Reputation of other men. For the principles of Jesuits, we professe we know not what they are; but they are generally said to be full of craft and worldly policy; and therefore exceedingly different from that plainness and simplicity that is apparently visible in all our proceedings.

Whereas its said, we are Atheists and Antiscripturists, we professe that we beleeve there is one eternall and omnipotent God, the Author and Preserver of all things in the world. To whose will and directions, written first in our hearts, and afterwards in his blessed Word, we ought to square our actions and conversations. And though we are not so strict upon the formall and Ceremonial part of his Service, the method, manner, and personall injunction being not so clearly made out unto us, nor the necessary requisites which his Officers and Ministers ought to be furnished withall as yet appearing to us in any that pretend thereunto: yet for the manifestation of Gods love in Christ, it is cleerly assented unto by us; and the practicall and most reall part of Religion is as readily submitted unto by us, as being, in our apprehensions, the most eminent and the most excellent in the world, and as proceeding from no other but that God who is Goodnesse it self: and we humbly desire his Majesty daily more and more to conform our hearts to a willing and sincere obedience thereunto.

For our not being preferred to Offices and Places of profit and credit, which is urged to be the ground of our dissatisfaction, we say, That although we know no reason why we should not be equally capable of them with other men, nor why our publick Affection should be any barr or hinderance thereunto: Yet on the other side, we suppose we can truly say of our selves, that we have not been so earnest and solicitous after them as others: and that in the Catalogue of Sutors, very few that are reckoned of us, are to be found. We are very sorry that so general a change of Officers is proposed, which we judge of no small disparagement to our Cause; and do think it best, that in removals of that kinde, the ground should not be difference in opinion, either in Religious or Edition: current; Page: [6-207] Civil Matters, but corruption or breach of Trust; considering the misery which befalls whole Families upon such Changes; and that discontents are thereby increased: Whereas we hold it necessary that all wayes of composure and acquieting those storms which the preceeding differences and distractions have begotten, be with utmost care and prudence endeavoured.

And whereas ’tis urged, That if we were in power, we would bear our selves as Tyrannically as others have done: We confess indeed, that the experimentall defections of so many men as have succeeded in Authority, and the exceeding difference we have hitherto found in the same men in a low, and in an exalted condition, makes us even mistrust our own hearts, and hardly beleeve our own Resolutions of the contrary. And therefore we have proposed such an Establishment, as supposing men to be too flexible and yeelding to worldly Temptations, they should not yet have a means or opportunity either to injure particulars, or prejudice the Publick, without extreme hazard, and apparent danger to themselves. Besides, to the objection we have further to say, That we aim not at power in our selves, our Principles and Desires being in no measure of self-concernment: nor do we relie for obtaining the same upon strength, or a forcible obstruction; but solely upon that inbred and perswasive power that is in all good and just things, to make their own way in the hearts of men, and so to procure their own Establishment.

And that makes us at this time naked and defencelesse as we are, and amidst so many discouragements on all hands to persevere in our motions and desires of good to the Nation; although disowned therein at such a time when the doing thereof can be interpreted no other but a politick delivering us up to slaughter, by such as we took for Friends, our brethren of severall Churches; and for whom with truth of affection we have even in the most difficult times done many Services: all which, and whatsoever else can be done against us, we shall reckon but as badges of our sincerity, and be no whit discouraged thereby from the discharge of our duties.

For the dissatisfactions that be upon many good mens spirits, for that they are not ascertained whereunto all our motions tend, and in what they will center.

Though, we conceive, they may have received some general satisfaction from what we have formerly at severall times propounded; yet since they were not disposed into such a form and condition as to become practicable; we have, with the best care and Edition: current; Page: [6-208] abilities God hath afforded us, cast the same into a Modell and Platform, which we shall speedily present unto the view and consideration of all, as the Standard and ultimate scope of our Designes, that so (in case of approvall) it may be subscribed and returned as agreed upon by the People. And thus far, we conceive, we may without offence or prejudice to Authority, proceed; and which we the rather do, because we know no better, and indeed no other way or means (but by such an Agreement) to remove (as much as may be) all disgusts and heart-burnings, and to settle the Common-wealth upon the fairest probabilities of a lasting Peace, and contentfull Establishment.

The Agreement of the People which was presented by his Excellency and the Officers of the Army to the Right Honourable the Commons, in Parliament, although in many things short (according to our apprehensions) of what is necessary for the good of the Commonwealth, and satisfaction of the People; particularly, in that it containeth no provision for the certain removall of notorious and generally complained of grievances: And although it hath some things of much hazard to the Publick,—yet, had it been put in execution, we should scarcely have interrupted the proceedings thereof, since therein is contained many things of great and important concernment to the Common-wealth. But seeing the time proposed therein for reducing the same into practice, is now past, and that likewise the generality of the people have not, or do not approve of the same, for the reasons (as we suppose) fore-mentioned: We have thought fit to revise it, making onely such alterations therein as we conceive really necessary for the welfare, security and safety of the People, together with additionall Provisions for the taking away of those Burdens and Grievances which may without reall prejudice to the Management of publick Affairs be removed.

And because it is essentiall to the nature of such an Agreement to take its rise from the People, we have therefore purposely declined the presentment thereof to the Parliament: and conceive it may speedily proceed to Subscription, and so to further practice, without any interruption to this Representative, untill the season prefix’d in the Agreement, for the assembling another: By whose immediate succession, without any intervall, the Affairs of the Common-wealth may suffer no stop or intermission.

Lastly, We conceive we are much mistaken in being judged impatient, and over-violent in our motions for the publick Good. Edition: current; Page: [6-209] To which we answer, That could we have had any assurance that what is desired should have otherwise, or by any have been done; and had not had some taste of the relinquishment of many good things that were promised, we should not have been so earnest and urgent for the doing thereof.

Though we know likewise it hath been very customary in such heretofore as never intended any freedom to the Nation, to except only against the season, and to protract the time so long, till they became sufficiently impowred to justifie the totall denyall and refusall thereof. However, the main reason of our proceeding as we do, is, because we prefer the way of a settlement by an Agreement of the People before any other whatsoever.

And thus the world may clearly see what we are, and what we aym at: We are altogether ignorant, and do from our hearts abominate all designes and contrivances of dangerous consequence which we are said (but God knows, untruly) to be labouring withall. Peace and Freedom is our Designe; by War we were never gainers, nor ever wish to be; and under bondage we have been hitherto sufferers. We desire however, that what is past may be forgotten, provided the Common wealth may have amends made it for the time to come. And this from our soul we desire.

Having no mens persons in hatred, and judging it needfull that all other respects whatsoever are to give way to the good of the Common-wealth, and this is the very truth and inside of our hearts.

From the Tower,

April 14. 1649.

John Lilburne

William Walwyn

Thomas Prince

Richard Overton

Edition: current; Page: [6-210]

John Prince

Prince, John

23 April 1649

[10]

6.10. [John Prince], Walwyns Wiles: Or The manifesters Manifested (London: Henry Whalley, 23 April 1649).

Source

[John Prince], Walwyns Wiles: Or The manifesters Manifested viz. Lieut. Col. John Lilburn, Mr William Walwyn, Mr Richard Overton, and Mr Tho. Prince. Discovering themselves to be Englands new Chains and Irelands back Friends. Or The hunting of the old Fox with his Cubs and the Picture of the Picturers of the Councel of State. Declaring the subtle and crafty Wiles of the Atheisticall Blasphemous, foul-murthering principles, and practises of Mr William Walwyn, in plentifull instances, confirming the same with some advertisements to Lieu. Col. John Lilburn, and Mr Tho. Prince. By a Lover of the Present, and Eternall, interest of Man-kinde. The Second Edition, Corrected and amended. April 23. 1649. Imprimatur, Henry Whalley. London, Printed for H.C. and L.L. 1649. (London: Henry Whalley, 23 April 1649).

Edition: current; Page: [6-211]

William Kiffin

Kiffin, William

David Lordell

Lordell, David

John Price

Price, John

Edmund Rosier

Rosier, Edmund

Henry Foster

Foster, Henry

Henry Burnet

Burnet, Henry

Richard Arnald

Arnald, Richard

To the Noble and Successful Englands Army, Under The Command of his Excellency Thomas Lord General Fairfax.

Gentlemen Souldiers,

It is hard to say whether God hath appeared more gloriously with you in breaking the powers or blasting the policies of your enemies, as he hath been your strength unto the one, so your wisdom unto the other, by whose presence with you, neither wisdom nor weapon have prevaild against you: the great contention between Christ and the Devil, and the seed of either, is to destroy each others work in the world; and although the issue thereof shall be the mortal crushing of the head of the one; yet shall the heel of the other be bruised thereby.

Noble Sirs, the modelling and managing, making and maintaining, preserving and prospering your happy Army, is such Edition: current; Page: [6-212] a transparent work of God in the world, that it dazels the eyes of all spectators: the presence of God and the prayers of his people have always attended your valiant attempts, by means whereof your ones have chased tens, and your hundreds have put thousands to flight: it is too true, you have met with hardship abroad, and unkindness at home: but your honor it is that neither the one or the other hath made you bow unto a base unworthy and sinful deportment: God hath subdued the common Enemy by you, this he may do more for others then your own sakes; but when he subdues your enemies within you, it is more for your own then other mens sakes; that he doth in love to others; this in love to you: that as he makes you executioners of his fierce wrath; this as he makes you the objects of his free love: When you conquer men, you conquer flesh, and so one beast may conquer another: but when you conquer sin, you conquer spirit; and this is the work of none but Christ: the blood of your Enemies may feed the root of your present power, but the blood of your sins doth water the root of your eternal happiness; that an Army should be humble under victories, [Margin note: When we speak of the Army we would be understood of the honest party therein, which (we conceive) is of a greater numbers then there is the like in any Army in this world.] meek under injuries, patient under provocations, fear no men, yet tremble before God, should be a terror to the wicked, and a tower to the Saints, should be Lions in fields, and Lambs in families; this imports your powerful hamering by the hand of the spirit upon the anvil of Truth into a blessed battle-ax, compleatly aptified for the hand of God unto the breaking in peeces the envious enemies of his Son and his Saints, according to the predict counsels of his holy Word, and hence it is, that the Antichristian whore is filld with fears that you are the men commission’d by God to execute upon her the Judgment written, to stain her glory and spoil her beauty, to dash her bastards brains against the stones, & to give her blood for blood to drink, to burn her flesh with fire, for the prevention whereof that you may not torment her before her time, she hath summon’d the Princes of the earth that have committed fornication with her, with their sons of whoredom to band their might and strength against you: but the Lord that raised you and called you to his foot (Isa. 4.1.2) gave the Nations before you, making you Rulers over Kings and Princes, giving them as dust to your sword, and as driven stubble to your bow, making you to eat up the Nations, your enemies, to break their bones, and pierce them through with your arrows, and then causing you to couch down like a Lion, none daring to stir you up; but this whorish Dalilah perceiving your might by breaking her forces like Sampsons coards, is trying her tricks to finde out your Edition: current; Page: [6-213] strength, and the seat thereof, and well perceiving that it lies in your hair, rooted together in your head, (we mean in your Union with Christ, and each with other,) she hath applyed her self in her several Instruments, by her enticing words to cut you from him, and then to divide you each from other, whose curious cunning in that unhappy work is here set forth in one of her supposed faithful factors, Mr William Walwyn, whose various manners in corrupting and dividing (by himself, and others,) the honest and true hearted party to Religions, and the Kingdoms interest in the Army, City and Country, is truly declared, having received satisfaction touching the truth of those particular instances given concerning him, (though we know his protest principle is to say or do any thing whatsoever against him, whom he thought engaged against him to destroy him, yet) we cannot but subscribe our own Observations and Experiences of his general course in all his ways, as they are here set forth. As for Mr Richard Overton we know him not but by his Pen, the complexion whereof hath quit our desires of any further acquaintance with him. Mr Lilburn and Mr Prince (we verily hope) are far better in their ends and ayms, then in their game in hitting their marks (viz. the real Interest of their native Country,) though (we must confess) we look upon them as simplehearted, so simple-headed, to be drawn, as they are, into such ways as they walk. For although in words they profess, yet in works they deny, and destroy the Interest of England; for one who seeth not that these clamorous Complaints, insinuated into the Army, and spread abroad in the City and Country, Viz. That the people assembled at Westminster are not a lawful Parliament, but there maintained by the power of the Sword to overawe and tyrannize over the free-born people of England, That it is against the Laws of the Land, that there should be any Martial Discipline over Souldiers in time of peace, (though there should be an Army under pay,) insinuating as if we were all in Peace, which we are not like to be while such coals of contention are kindled by them, that the design of the House at Westminster, and Councel of State, &c. is to keep down the people under Tyranny and Slavery by an Army, as if it was possible (as the case stands) to settle this Commonwealth without an Army, That the Commons of England (whom in their several Papers they have acknowledged to be the Supream Authority of the Nation) must be tyed to govern by the known Laws, not to alter the Government, viz. to establish a Counsel of State, and yet have power to take away the life of the King, and to abolish the House of Lords &c. That the Edition: current; Page: [6-214] sending over Forces to Ireland is for nothing else but to make way by the blood of the Army to enlarge their territories of power and Tyranny, That it is an unlawful War, a cruel and bloody work to go to destroy the Irish Natives for their Consciences, (though they have kill’d many thousand Protestants for their Consciences,) and to drive them from their proper natural and native Rights, (though they have done the like to many thousand Protestants, who, though English, had as true natured and native right to their Lands and Inheritances as the Irish had: We say, who is so blind as not to see that the true design of all these chantings is to divide the Army, and break it in pieces by jealousies and discontents, to hinder the happy and hopeful relief of Ireland, to betray these poor Protestants that lie trembling and panting between hope and fear, (not knowing whether yet they shall live or dye,) break the Parliament and Councel of State, and consequently by the utter and irrecoverable loss of Ireland, ruin of the Army, crushing the present Authority, dividing the honest party, the Irish Rebels may come with all their Powers from all parts abroad, and in this Nation, like a mighty Torrent, sweeping all befor them, and put themselves into a capacity of putting into execution their bloody, cruel, tyrannical and revengeful thoughts against the honest party in the Land. We have ever observed, that this Mr Walwyn in all viciscitudes, and turns of affairs, hath still withstood the present Government, yea, though modeled according to his former pretended desires, which argues a hidden design in all his pretences; ’Tis true, when Magisterial Power clasheth against Divine, and men in authority fight against God by oppression and tyranny, they shall be broken in pieces as a glass against a Rock, for though the fountain of Government springs from the People, and the end thereof be their only benefit, yet while the Power in the People is uncontracted, and their own Authority is untransfer’d, it is like (shall we say a tallent hid in the earth without uses) nay rather as the inordinate heat in a stack of corn, firing it self with its own heat. Where all men are alike Rulers, none will be ruled, and then into what precipices should we run? To live together is the Law of Nature, and how can this be when every mans lust shall be every mans Law? For then every mans will shall be every mans wants, and no man will content himself with what he hath. While he hath not that which his neighbor hath, the best of Governments cannot secure each individual from oppression, but where there is no Government, so many men are so many Tyrants each to others. The worst of Governments is Edition: current; Page: [6-215] good for some, but no Government can be good for none: Where is no Government there can be no Agreement, and certain destruction attends division. Valiant Sirs, be not deceived by these Arch-deluders, neither be divided amongst your selves; Union hath preserved you, Division will destroy you, God hath made you terrible by Union, the Jesuite would make you contemptible by division: your enemies despair to overcome you by Power, revive not their hopes to do it by policy, they could not cudgel you, let them not cajole you: you have wrested their swords, their spears, their trophies, their banners out of their hands, let them not cheat them out of your hands again, they tell you, your Officers would lift up themselves by your blood, but have not you better experiences of your Officers then they? Have not they stuck to you, as well as you to them, in the day of battel? What though men have not regarded you as you deserved, will not God be faithful, though men are not? Will not he be true when they are lyars? Are you afraid to receive your wages, your rewards from the immediate hand of God alone? That your honor shall be too great, your Crown too heavy at the great pay day? He hath made you famous in England, and famous in Scotland, and is it your fear, that he will honor you in Ireland, (that any of you should be disswaded, from that happy work,) are you unwilling to be possessed of that good Land, that Land that floweth with milk and honey? Hath not God fed you with former Victories, to the amazement of all, that he might steel you against all future difficulties that you meet withal. The people of God in England, in Scotland, have risen up and called you blessed for your help to them in the day of trouble, and shall your poor Brethren in Ireland receive no favour from you? We beseech you by the Womb that bare you, and the Paps that gave you suck, by the honor of English men, by all the experiences of the presence of God with you while you stuck to the Interest of God, his people and your native Country, that you pluck off the Vizors of those Jesuitical Whifflers, that (creeping in among you like the Serpents spawn under the green grass) spy out your liberty, envy your approaching happiness, and would now destroy you by your own selves, the just Liberties of the Nation, the Freedom of the Gospel, the Interest of England, the joy of all good men are in the fruitful Womb of your former faithfulness, which is now ready to bring forth, if you help in the hour of travel, howsoever, that the happy work of God, begun in these three Islands of England, Scotland and Ireland, shall go on and prosper by the honored Instruments of Edition: current; Page: [6-216] Gods own choice, is the faith and prayer of

Your faithful Friends and Brethren your dayly Remembrancers at
the Throne of Grace,

WILLIAM KIFFIN

DAVID LORDELL

JOHN PRICE

EDMUND ROSIER

HENRY FOSTER

HENRY BURNET.

RICHARD ARNALD

Walwyns Wiles: or The Manifestators Manifested.

The greatest Hypocrisie is often palliated with the most specious pretences of the plainest sincerity, and the chiefest use that some men make of Religion, and the language thereof is (after the similitude of Satan with our first Parents) to muffle the understandings of over-credulous and flexible men, and then to cheat them under a guilded bait of their seeming good into such actions that are most conducible to their certain misery: It is the great unhappiness of ingenious and plain-hearted people to be made instrumental to the disguising design of maskt enemies, and to have their Integrity imposed upon by the deceitful policy of those that dare not own their own actions, lest they should allarum them whom they dayly deceive, and hinder the increase of that party by which they expect the accomplishment of their secret projects, to open the windows of this dark Cabinet, and to discover the methods of these Imposters, is worthy the ingenuity and charity of a more able pen. It cannot be imagined that such quondam devout and publique spirits, as did seem to breath in two of these Manifestators, viz. Lieu. Col. John Lilburn, and Mr Thomas Prince, (with some other adhering to them) should be wrought upon (by their late Proceedings in print, and otherways) to serve the implicate Designs of the Kingdoms Adversaries, were they not deceived by the fine and plausible expressions of these cunning Imposters; and although the present distempers of their turbulent passions (like the raging Seas) and the perplext ebullitions of their discontented minds, have fomed out the dregs and dross of frail and sinful flesh and blood (we mean) vented unworthy Callumnies, palpable falsities, and most notorious scandals against those (saviours of the Nation) men, that God hath made happy Instruments of the Kingdoms Freedom from apparent slavery and utter ruine, yet that ancient experience which we have had of the said persons (especially the first named Edition: current; Page: [6-217] thereof,) together wit those fore-sufferings by him endured in his stout withstanding the Common Enemy in times past, though we confess we have not observed his sufferings to have produced that quiet fruit of Righteousness, nor him to have learnt that meekness and lowliness of spirit after Christs example in bearing his Cross; yet (well considering that oppression obnoxiateth even wise men to that madness which may not be so quickly recovered again,) we are furnished with a covering for his present nakedness, giving us to hope, that as heretofore (if we mistake not) in the like case he may discern it, and be ashamed. We have of late observed several expresses from three of these Manifestators so qualified, as if written by the chief Secretaries of the Prince of Slanders, through whose lines, as through a prison-grate, such a distempered, furious, rayling and raging spirit doth stare and gaze their sober and judicious Readers in the face, spiting such venom, ranker and mallice against the most pious and deserving men of this Nation, that they cannot do such homage to Belzebub, the Prince of such Spirits, as to hear the sound of his revengeful and envious language, and to waste their time in reading such slanderous Declarations from his infernal Court, but behold a fresh appearance of these subscribers in a new dress of a latter date, as if that spirit would shew his master peece, in his crafty translation of himself into the form of an Angel of light, calling it self by the name of a Manifestation of L. C. John Lilburn, Mr. William Walwyn, &c. bearing date the 14 of April, 1649 whose devout, specious, meek, self-denying, soft and pleasant lips favours much of the sligh, cunning and close subtlety of that additional Subscriber, Mr. William Walwyn, who (as the Serpent that deceived our first Parents was more subtle then any beast of the field which the Lord God had made) is much more crafty then the rest of his brethren, of whose curious spinning we have several reasons to presume this piece, for here is not the licentious provoking daringness of L. Col. Lilburns pen, nor yet the notorious profanness of Mr. Richard Overtons pen; as for Mr. Prince, he is a younger brother lately drawn in, and no further accomplished in his brethrens art then in the lesson of Conformity unto their proceedings and conscription unto their Expresses. Again, he that shall compare this Manifestation, subscribed by Mr. Walwyn, with Englands new Chains, the first and second part, the Hunting of the Foxes, and other scandalous Pamphlets, subscribed only by the rest, may easily perceive the well known subtlety and craftiness, phrase and stile of this new Edition: current; Page: [6-218] Subscriber above his Fellows, who of themselves are no more able to alter the complexion of their pen, then the Leopard his spots, or the Blackamoor his skin; these being Wolves in their own, but the other a Wolf in Sheeps clothing; and that simple and plain-hearted men may no longer be drawn aside from their publique Interest and personal Comforts, temporal and eternal, hear the voyce of several years experience and observation, exhibiting a true and impartial Manifestation chiefly and principally of this Manifestator, we mean this new and additional Subscriber, Mr. William Walwyn, whom we shall consider not at all in referrence to his Birth, Breeding, Trade, manner of life and conversation, any further then only relating to his wiles and ways, methods and modes, in deluding, cozening and deceiving a plain and honest generation of well-meaning men, into such paths practises and manners that are most destructive to their own Interest, and the publique good: And here consider,

First, His game hath always been the unhappy perversion of honest men generally observed to be forward on the Parliaments behalf against the King and the Royal party, for the effecting whereof his custom was to frame his Endeavors.

First, To discern and feel their temper, genius, natural constitution, and complexion, whether of meek, quiet and peaceable, or rash, hasty, and violent spirits, whether of quick, capacious and nimble, or of dull, injudicious and low apprehensions, whether of a more pure, heavenly and spiritual, or more gross, light and vain discourse, whether of a retensive, close, and tenacious capacity in keeping secrets, or a more open, free and liberal aptness in discovering, whether of a richer, or mean condition, whether popular, or how interessed in the Parliament, Army, City, or Country.

Secondly, Having well understood his game, he prepares his baits, those whom he apprehends more solid, wise, moderate, judicious, of quick apprehensions, reaching brains, good parts, and language, and withall notorious for Religion and popular Interest, he first entertains with much civility, candor, and curteous carriages, very good, rational, and acceptable discourse, fitting and framing the same after such a manner as may represent himself an excellent Common-wealths man, full of a publique spirit, and furnished with rich and plentiful observations and propositions, fairly comporting with publique good, and insinuating (with what freedom or tenderness, plainness or covertness, they are able to bear) the many pressures, burdens and grievances of the Commonwealth, and insisting (if at all) yet very slightly upon the Edition: current; Page: [6-219] Redresses, good and benefit received from men in present authority, backing his discourse of this nature either with some plausible stories of the cunning and crafty behaviour of Foreign Princes, or men in power, pretending good for the Common-wealth, and doing many things very promising thereunto, and at last exalting themselves in the oppressions and vexations of the people, or else with observations of Domestique Polititians, once very famous for their pretended zeal for their Country, but when advanced and lifted up, as infamous for their baseness in Oppression and Tyranny: and by this means he is still fomenting new and fresh jealousies against those that approve themselves most faithful in Authority and Trust, ever observing what actions (if any such thing do fall out) have been done by such men which may possibly (by wringing and wresting, and malign interpretation) render them by his cunning art and skill (being very dexterous that way) to be suspected for Self-seekers, Juglers and Deceivers of the People.

Secondly, Having by this meanes crept into the good opinion, love and affections of his deceived friends, and new acquaintance (the result and issue of severall meetings and conferences in order thereunto,) and hereby wounded their respects, and abated their zeal towards those that have the management and steerage of publike affairs in their hands, that he may make sure work with them, with cunning and curious art he attempts the undermining of their principles of Religion, but with a soft foot, and with much slight of hand, and (Jugler-like) as if he had past his Apprentiship, and served Journey-man to the grand deceiver of the world, he employs his skill in casting a mist before them, and in blinding the eyes of their minds, that the great mysteries of Life and Salvation by Jesus Christ, and the Doctrines of Justification by his Death and Resurrection, Sanctification, and Mortification by his Spirit, &c. may appear but meer fantasms, rediculous, irrational, ayry, vain, empty notions; but thus he attempts very artificially in these gradations.

First, (That he may raze the very Foundation, and lay his Ax at the very root of Religion,) he prepares his battery against the credit, honour and authority of the holy Scriptures, as presuming that to be (as indeed it is) the very first regal of Religion, the credit whereof being once lost in the judgement, the conscience, will and affections, will quickly surrender, even upon Satans terms; but before he spends his Ammunition, viz. his Arguments and Reasons against the same, with no small subtlety parlies with them as in the Edition: current; Page: [6-220] very same case, and to the same end that envious one to the present and eternal Interest of mankind, did insinuate into a conference with our first parent by way of subtle and crafty questions, and hath God indeed said, ye shall not eat of every tree of the garden, &c. even so this most proficient Schollar, doth not use in a down-right maner to deny the authority of the Scriptures, but like master like man, he sets upon men quere-wise: How can you prove the Scriptures to be the Word of God? What security have you concerning the divine authority of the Scriptures, and consequently the articles of your belief, and the grounds of your faith, but from the testimony of men? What better grounds have you to beleeve the Scriptures came from God, then the Turks have for their Alcharon, or the Jewes for their Talmud? not that he himself would seem to question it, but if you will beleeve him, it is to understand how men are setled in their faith, and to help them therein, he writ for the defence of the divine authority of the Scriptures, (as Satan himself, when he did tempt the Lord Christ to destroy the Scriptures, in effect, by doing contrary to the Tenor thereof, did quote the very Scripture, saying, It is written, he shall give his Angels charge, &c.

Secondly, if he cannot presently surprise their judgements by his subtile queries about the Scriptures, he waves the business for a season, and takes another course, then he insinuates the contradictious opinions of men about matters of Religion, their various judgements, how opposite and cross they are to themselves (declining distinctions, whereby they may be reconciled) leading his disciples upon the Lords Days from one Church to another, and staying no longer then while somewhat drops from the mouth of the Minister, which he may through his art (not minding what went before, and what followed) render ridiculous and weak, and so by degrees comes at last to improve all against the validity of Religion, Preaching, and other Ordinances: this done,

Thirdly, He entertains them with as much excellency and strength of discourse, as his capacities have attained, in setting forth the famous Governments of such and such Common-wealths, the excellent readings of Phylosophers, their moral ingenuity, parts, and learning, how farre short the Government of this Kingdom comes of them? What kind of breeding such States and Common-wealths give their children in the study of martiall discipline, feats of activity, geometry, &c. by all which means he endeavours still to take off the minds of his Disciples from Religion, and the thoughts thereof, if he sees the desired fruits of his labours, and that he hath gotten the Edition: current; Page: [6-221] Venison which his soul doth so sorely long for, viz. the betraying of poor men into the same condemnation with himself into low and contemptible thoughts of God, of Jesus Christ, of the Spirit, of the Scriptures, of hearing the Word, Prayer, of Heaven, of Hell, &c. then they become his bosom friends, and are friendly received into his House, and partake of his more intimate thoughts, and familiary, as presuming, that having perverted them, and strengthened them in his most wretched wayes, they might be able to go and do likewise, viz. pervert and strengthen their brethren, and this is his method for the taking the more solid, able, judicious and intelligent men, which are the first sort of men, whom he seeks to seduce from their faithfulness and integrity to God and man.

Before we come to shew his art in drawing aside the other sort of men, take some instances of his proceedings in the former kind, all which, with much more of this nature, shall be manifestly proved as occasion is required.

Having once upon a Fast day (as his usual manner was both upon those and the Lords days) gone from place to place, hearing here a little, and there a little what the Ministers said, making it the subject matter of his prophane scorning and jeering, came at last to his own house with one of his supposed Fast disciples, (though even at that time his heart did rise against Walwyns wickedness, but having got within him, he did resolve, though with much reluctance of spirit, to fathom the deep devout hypocrisie of this man for a through detection of him,) being at home, he fetcht out that prophane scurrilous Lucians Dialogue, come (said he) let us go read that which hath something in it, Here is more wit in this (saith he) then in all the Bible.

And speaking of the book of Psalms, and the Proverbs, said, That there was no heed to be given to them; for, said he, they were pen’d by Kings in order only to their own advantage, and the promotion of their own interest, as they were Kings.

And another, a presumed sure friend, (having some familiarity with this worthy Champion for, and Assertor of the Divine Authority of the Scriptures Mr Walwyn) protest, that this wretched man, Walwyn, speaking of the book of Canticles, said, That it was nothing else but one of Solomons Epiphonema’s or Rhetorical Songs upon one of his whores.

At another time speaking and discoursing of Hell, said, That it was a silly thing to think that there was any hell, or condemnation, which the Ministers keep such a noyse and prating about, and Edition: current; Page: [6-222] that all the hell that was, was that onely which was in an ill mans conscience in this life: and it being replyed, that the Scriptures speak expresly of hell, and eternal fire and damnation; he answered that is to be understood as the Scriptures also speak, they are condemned already, viz. in their own consciences, which is no more but this, they know they have not done well.

At another time speaking of hell, and everlasting fire, and eternal torments, used words to this purpose, Pish, do you think, can it enter into your heart to conceive, that God should cast a man into everlasting burnings, where he should be tormented for ever without end, for a little time of sinning in this world?

Again, at another time speaking and discoursing of Prayer, (said he) What a silly thing it is for a man to drop down upon his knees, and hold up his hands, and lift up his eyes, and mumble over a few words for half an hour, or an hour together, as if this did please God, when all this while he might have been in doing that which is good in it self, relieving the poor and oppressed; there is no other Religion but that which the Apostle James speaks of, consisting in relieving the poor, judging the cause of the fatherless and widow, &c.

Again, speaking of keeping Sundays as we do, urged, That it was better on such days to meet together, and spend our time in considering what is good for the Common-wealth, read some good moral things, as Plutarchs Morals, Ciceroes Orations, then reading the Scriptures, and hearing Sermons, glorying much of the notable witty things in these moral Writers, and of the manner of their governing of States.

Again, he did bemoan the simple practise of this Nation in bringing up their children in learning Latin (forsooth) and the original Tongues, and I know not what, it were far better to train them up in feats of Activity, Geomitry, riding Horses, exercising Arms, studying Fortifications, and in such things as may make them serviceable to the Common wealth.

It would fill a Volume to declare the sad and miserable effects, which by this means have been brought to pass upon the judgments of some of very able, apt, and ingenious parts and abilities, corrupted by this English man-hunter; one of them, not long since (a man of very singular parts, and much ingenuity, that might have been very useful for this Commonwealth,) having been but a little and lately acquainted with this wretch, speaking with others about the nature of God, his Grace, Mercy and Goodness, Edition: current; Page: [6-223] most prophanely and lightly replyed, Yea, I hope God is a merry old man, and will make a good Companion when I am dead. And again, one speaking to him of the Sweetness and Excellency of Jesus Christ; replyed, Yea, indeed Jesus Christ is very sweet, I love him better then Capons. But I shall rather insist onely upon his own expressions.

Mr Walwyn being asked by one of his intimate Friends, what he seriously thought concerning the Scriptures, whether they were the Word of God or no? Replyed thus, I’le open my heart plainly unto you, said he, I beleeve it is not the Word of God, and I beleeve again it is the Word of God: I pray expound your self, said his friend, why, said he, the Scripture is so plainly and directly contradictory to it self, that makes me beleeve it is not the Word of God, and yet again, all those passages therein that declare the nature of God, viz. his Grace and Goodness to men, I beleeve are the Word of God, and so you have my meaning; oftentimes declaring, that he did not beleeve that God would punish men for ever for a little time of sinning.

There was a Gentlewoman (a Citizens wife, of very good quality, and well known,) formerly very famous in the profession of Religion, and of very great repute amongst honest people, a woman of parts and abilities above the common standard of her sex, whose sad and heavy condition it was to fall into acquaintance with this unhappy factor for the Region of darknesse, who (as her selfe declared unto some very neerly relating unto her) was unhappily seduced by this wretched man, who having improved his skill (with too much success) in poisoning her judgement touching the truth of the Scriptures, and the precious concernments of her soul, did frequently vent his most Atheisticall and blasphemous opprobries, scorns, and scoffs against Religion, and the holy Scriptures, as these passages do abundantly witnesse.

Upon a time speaking of King David, said to this purpose and effect, That King James and King David were a couple of crafty Foxes, and cunning Knaves, that by their subtilty and policy, under religious pretences, acted all things with a design of abusing and cozening their people over whom they were set, and that they were as like as ever he read of any two men in all his life.

Another time speaking to the same woman, demanded, why she did not come and see his wife? and most jeeringly and scoffingly added, I protest, said he, thou hast sin’d the sin against the Holy Ghost, for not visiting my wife; or to that effect.

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At other times visiting the same woman, and finding her in somewhat a melancholy and sad condition, (for indeed she was a woman of quick and ripe apprehensions in spiritual things, and could not likely degenerate from, and decline the waies of God without regret of spirit, and trouble of conscience.) Come, said he, we shall have you return to your religious mood again, you will never do well so long as these thoughts prevail with you; or to that purpose.

Oftentimes did this wretched man suggest unto her to this purpose, That it was a base and ignoble thing for any one to lie under such trouble, anguish, and perplexity, as could not well be indured, having so easie and speedy a way of riddance out of it, as is before every man, and that it was an honorable and valiant thing, for a man in such a case to put an end to his life by laying violent hands upon himself, being a far shorter way of ease, then any other way, Which Atheisticall principle was so nourished by this poor woman in her distresse and trouble, that she often attempted to destroy her self, and at last, she did most wofully bring it to passe, by strangling her self, to the great grief and trouble of her husband, children and dear relations; Now let impartiall and judicious men judge, of the frame, temper, and spirit of this man touching Religion, the Scriptures, the nature and mysteries of the Gospel, of heaven, of hell, &c. and whether these instances compared with his writing, for the divine authority of the Scriptures, as also with the late manifestation, do not manifest him to be a cunning hypocriticall Jugler, abuser, and deceiver of poor men and women that lend their ear unto him: he that can jeere at the Word of God, at the sin against the Holy Ghost, preferre scurrillous, base Pamphlets above the Scriptures, &c. can notwithstanding in this Manifestation, with a very devout and religious pen (as if he had been the most pious assertor of the things of God) pretend to build his comfort upon the Scriptures, as he doth pag. 4. of this Manifestation, where he saith, that he could pass over the many wrongs done unto him, upon this consideration, Remembring what is promised to be the portion of good men. Again, pag. 5. We must suffer till God sees fitting in good time to clear, &c. With severall other strains of this nature, as if Religion, and the affairs of the other world, God, and Christ, and the Spirit, were the main things that guide him in all his waies; wherein both L. Col. John Lilburn, and others, know in their owne consciences, and have declared it, that they could never perceive him a man in the least acquainted with the concernments of Religion, and the work of the Spirit.

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Having declared the crafty and subtle wiles and methods of this artificiall and great Impostor, in his Satanicall work of seducing and deceiving the more able sort of men, I shall now proceed in setting forth his Mountebankisme in his Jesuiticall betraying of the weaker, more injudicious, and plainer sort of people, and these likewise being of severall tempers, constitutions, and conditions, he hath variety of art to deceive them all.

If they be of a low, needy, indigent, and wanty condition, as many of them are, he deals with them after this method.

First, (that he might hit the white of the mark in all his aimes, viz. wound the credit and authority of Religion) he is ever and anon harping upon the hard-heartednesse and uncharitablenesse of Professors (and I wish that he had not straw enough to make this Brick) and those that are religious men, how grinding they are in bargains, how penurious, base, and backward in works of charity and mercy, how undermining, and over-reaching they are in buying, in selling, how having and I craving in the things of this life, how hardly any work of mercy and charity comes off with them, how they let their brethren starve, and die, and perish, rather then help them, and how bountifull, free, and liberall, the very Heathens have been, and how beneficiall even Papists, and many that do not so much as pretend to Religion, are to the poore, and therein I confesse, he spake too true, but the Devill himself speaks truth, to wound and destroy it, not to promote and propagate it, by this means he cunningly insinuates the discredit and disparagement of that, that is called Religion amongs us, and the Professors thereof.

Secondly, that he might likewise procure the second grand design, and desire of his soul, viz. the trouble, misery, and ruine of this Common-wealth, in respect of those that now have, and formerly of late had the government thereof in their hands, he takes notice of the neglect of the Parliament in regarding and incouraging their friends, how they do not at all consider the pressures of those that have stuck unto them in their straights and difficulties, how they bestow places of profit upon the rich, and prefer themselves and their children, and kinsmen in places of greatest profit and advantage, how the great things that have been done for the Parliament, have been done by the meaner sort of men, and that by helping them they are now become low and poor, and not at all regarded, &c. by this means he raiseth up and increaseth discontents and ebullitions of spirit, heart-burnings, and repinings against the present Governors.

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Thirdly, having somewhat heated them by the meanes aforesaid, then he insists upon the unworthinesse of our times, in making riches, and estates, and the things of this world, the great badge of distinction between man and man, the Characteristicall token of mens fitnesse for Government, and that it will not be well, untill such time as men shall be eligible into places of trust, that are vertuous and able, though poor and low in this world; and that Butchers and Coblers be chosen into the places of Magistracy and Government, as well as others that are rich in this world: These kinds of plausible discourses are very pleasing, and take much with discontented men that are poore and weak in estate, and withall shallow and injudicious, now they begin a little to swell, and be much conceited in, and of themselves: this done, Fourthly, he is very frequent and diligent, in fomenting the consideration of the disproportion and inequality of the distribution of the things of this life. What an inequitable thing it is for one man to have thousands, & another want bread, & that the pleasure of God is, that all men should have enough, and not that one man should abound in this worlds good, spending it upon his lusts, and another man of far better deserts, not to be worth two pence, and that it is no such difficulty as men make it to be, to alter the course of the world in this thing, and that a very few diligent and valiant spirits may turn the world upside down, if they observe their seasons, and shall with life and courage ingage accordingly.

These are his methods in seducing the indigent and poorer sort of men. Againe, those whom he apprehends of passionate, cholerike, froward, and peevish dispositions, of putting forth bold and daring language, and withall weak, shallow, and injudicious, and yet men that are honest hearted in the maine, true to the interest of the Common-wealth, and zealous against tyranny and oppression, he handles after this manner.

First, he is ever blowing up their spirits by daily discourses of the pressures, burthens, rates, & taxes of the poor people of this Nation, Excize, Free-Quarter, Customes, &c. are the subject-matter of his daily talk.

Secondly, the next thing, is the consideration of the Cause hereof, and they are still those that are in places of Trust and Authority, and this is one of his most constant, certain and uniform customes, to foment jealousies against the most active, prosperous, and successefull persons of the Nation; urging, that it was ever known, that men, under pretence of zeal for Religion, and the interest of Edition: current; Page: [6-227] good people, have gotten into credit, and thereby lifted up themselves, endeavouring to destroy others under a pretence of Justice, and doing righteous things, that they may exalt themselves, and set up their own faction, and promote their sons and their daughters, their nephews, and their kindred, ever blemishing the repute and credit of the most famous and deserving men of the times.

Thirdly, this done, the Remedy is to be considered of, and this must be by remove (by some means or other) of those persons, adjudged the cause of all our troubles, and miseries, and because he knows that they cannot bear the thoughts of assassinations, murdering and killing of them, (especially at first) therefore the pretended miscarriages of these men must be printed and published to the world, and these books must be dispersed among especially the known well-affected and forward party in all places, to which end it must be so ordered and managed, that these books may be upon free cost abroad in the Countries, and all those places and Counties especially that are adjacent to the City of London, and do most abound with honest and wel-affected men, as Hertford-shire, Buckingham-shire, Cambridge-shire, &c. that so there may be a generall distaste and dis-affection among that sort of men against them.

Fourthly, when he hath by this means wounded the repute and credit of the most faithfull and successefull Patriots of the Commonwealth, representing them as the chief and only cause of the pressures, troubles and perplexities of the times, &c. and by this means raised the heat, fury and passion of this sort of men under present consideration, then (as if all the bonds of piety, civility, modesty, education and discretion were broken) scornfull, scandalous, opprobrious, false and clamorous reports are suggested and raised against these men, and happy would it be for this Nation that these men were rid out of the way.

For a further confirmation of the truth of these things, take some few instances which follow.

This Mr. Walwyn, to work upon the indigent and poorer sort of people, and to raise up their spirits in discontents and clamours, &c. did one time professe, he could wish with all his heart that there was neither Pale, Hedge nor Ditch in the whole Nation, and that it was an unconscionable thing that one man should have ten thousand pounds, and another more deserving and usefull to the Commonwealth, should not be worth two pence, or to that purpose.

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At another time discoursing of the inequality and disproportion of the estates and conditions of men in the world, had words to this purpose, That it was a sad and miserable thing that it should so continue, and that it would never be well untill all things were common, and it being replyed, will that be ever? Answered, we must endeavour it: It being said, That this would destroy all Government; Answered, That then there would be lesse need of Government, for then there would be no theeves, no covetous persons, no deceiving and abusing of one another, and so no need of Government, &c. but if in such a case they have a form and rule of government to determine cases, as may fall out, yet there will be no need of standing Officers in a Commonwealth, no need of Judges, &c. but if any difference fall out, or any criminall fact be committed, take a Cobler from his Seat, or a Butcher from his Shop, or any other Tradesman that is an honest and just man, and let him hear the case, and determine the same, and then betake himself to his work again.

At another time, discoursing of Printing, and educating Children, &c.: Wisht that Printing had never been known, adding, that since this practice and custome of teaching of Children, and bringing up of youth in learning Tongues and Arts, the world hath been more troubled with suits and quarrells, discontents and divisions, and that one man having more abilities of this kind then another, men have got into great places, and this hath made such distinctions and divisions in the world, which otherwaies had never been known; or to this purpose.

Again, to ratifie the truth of his proceedings, in raising up the spirits of the violent, furious, and passionate sort of people, against well deserving men, take these instances.

In the beginning of our troubles, he hath frequently vented base and unworthy jealousies against that honored Col. Hambden, Mr. Pim and others, whom God made happy Instruments of the good of this Nation, envie it self not being able to blemish them, yet did he insinuate, that there was no trusting them, for they might be dispenced withall, to serve the Kings interest, &c.

What his invectives have been again L. Gen. Cromwell, Commissary Gen. Ireton, Col. Harrison, &c. is notorious to all that have had intimate acquaintance with him.

That he might stirr up the passionate and froward spirited people to work mischief, having raised up their heat and distemper, speaking of the obstructions of the good of the Nation by the Edition: current; Page: [6-229] house of Lords; Pish, said he, here is a great deal of stirr indeed, about Lords, the Switzers did cut the throats of about forty of them in a night, and had peace ever afterwards.

One of his presumed intimate friends assures of the truth of this story following, which was indeed the cause of his deserting this Walwin, and some others, with whom he had formerly some familiarity, the story is this, viz.

That there was an absolute design by some Agitators at Ware, to murther the Lieut. Gen. Cromwell, concluded upon, and the manner thereof agreed upon, to be thus, the Agreement then concluded upon should be worn in the hats of their Party, and a short Petition of about six lines should be presented to the Lord Generall, Petitioning him to joyn with them, in declaring that they were the Supreme Authority of this Nation; and that upon this ground, the People made the Parliament, the Parliament made the Lord Generall, and the Army, the severall Regiments of the Army made the Agitators, and so they were the supreme Authority, and if the Lord Generall did refuse to joyn with them, they were presently to unhorse him, resolving to destroy and cut the throats of all that did oppose them; and that night, with a Party of Horse, at 12 of the clock, they were to seize upon L. Generall Cromwell, and to shoot him to death, adding, that he should never know who hurt him; and that then they had a Charge ready framed against the King, which they would effectually prosecute, and require the Parliament to joyn with them, resolving to cut the throats of those that should refuse the same. The same Party assures also, that that very night when this should have been done at Ware, the private Committee did meet, with an expectation of the news of the successe of this bloody project; but news came unto them before it was expected, that the whole design was broken, and the manner thereof, viz. L. Gen. Cromwells carriages, with his naked waved Sword, daunted the Souldiers that had the paper in their hats, made them pluck it out, and subjected to commands, &c. to their great dejection and trouble.

The Party informing of this cursed design, was not a member of the private Committee, being a man (known) of more tender conscience, then fit to be admitted into such secresies, but being of a more common meeting, he had the businesse discovered unto him by another, as he is ready to assert.

Having spoken of the particular wiles and waies of this deceiver, touching the subject matter of his attempts, viz. the seducing of the Edition: current; Page: [6-230] honest and well-affected Party, the manner thereof, viz. his cunning, crafty, and politique observation of their severall tempers, constitutions, complexions, qualifications, and conditions, and his various and suitable application of himself, to gain upon them accordingly, having wrought upon them all to a free and voluntary disposition and inclination to hearken to his counsells, and to stand (as it were) at his right hand to receive his impressions, and orders, which you must still believe, are in order only to the publique good, common freedom, & safety of freeborn people of England, to the pulling down of Oppressors and Tyrants, he hath his severall works and employments for them all; according to every mans aptnesse & fitnesse for the same.

Those whom he observes men of parts, witty and good language, quick apprehensions, able to bridle passions, free from heat and choler, of a composed deportment and behaviour, and withall retensive in keeping secrets, &c. these are of his intimate society, commerse and familiarity, and shall be employed in observing the fitnesse and aptnesse of men for their proper employments, these shall be of the whispering house, close Cabinet, and privie Councell, and their work shall be the encreasing of that Party in the City and Country, whose Letters by the advantage of a politique and crafty Pen may propagate and help on their work in the severall Counties.

Those that are of more bold, peremptory, pertinacious conceipted Spirits, of fierce, daring, and provoking language, apt to heat, choler and passion, and withall shallow, weak, and injudicious, not able to see skin-deep into state affairs, and presuming themselves the best Common-wealths men, the greatest Statists, the onely lovers of their, Countries Liberties, the freest men from self-interest, and therefore the fittest for places of authority and trust: These shall trumpet out matter of discontents, jealousies, and pretended miscarriages of those that are in Authority, how basely things go; what oppressions, taxations, and vexations the poor people do endure? how this poor betrayed Nation is bought and sold? how the cutting off of some Tyrants do alwaies make way for more and worse to succeed them? how nothing is done for the Common-wealth? how basely the Treasure of the Kingdom is imbezeled? how Parliament men vote monies out of the purses of the poor ridden people into their own? how they share the riches of the Nation amongst themselves? how to day they vote this Parliament-man into a great Office, and to morrow another! and how they do nothing for the Common-wealth, but vote one another into places of power and Edition: current; Page: [6-231] profit! how that though to abuse and cast a mist before the eies of the people, they make a self-denying Ordinance, yet suffer no man to put it in execution! how they promote their kindred and allies into great places every where; if any use be for men in Customhouse, in Excise office, or in any other places of profit, this and that Parliament-mans friends, or brothers, or sons, or nephews must be the men; nay, Parliament men and their Allies have place upon place, and office upon office, as if they had severall bodies to be imployed at one and the same time? What’s become of the infinite sums, the unconceivable treasure of the Nation? the late Kings Customes, Ship-money, Coat and Conduct monies, Monopolies, &c. were nothing to the Customes, Excize, Taxations, Free-quarter, Sequestrations, Papists moneyes, Bishops Lands, Revenues of the Crowne, besides all the Plate and Monies lent freely by the people, and yet nothing done; nay, how many for their zeal and good will to the State have lent freely and bountifully, thereby beggering and undoing themselves, and now cannot receive one penny to buy them bread, but may lie begging, petitioning, and starving at their doors, and cannot be heard? nay, it may be have nothing, but course, hard and cruell language from them; how one faction tears the Common-wealth, and share it among themselves one while, and another, another while, neither of them regarding the ease or greevances of the poor people all this while, and what have they done since this purge and that purge? they have voted the continuance of Tythes, the laying of more Taxes and Rates, they imprison honest men, &c. these and the like charges are belched out from day to day by these men: this is the main matter of their discourse, writing, printing, &c. never considering how far true or false, what may be said in answer to any of these things, but blowing and blazing these clamours and complaints in all companies and places where they come, and where they can by writings, or otherwaies spread them abroad, and for this purpose they have a very singular advantage of the good will and affection of our weekly newsmongers, the Tuesday-Moderate, the Friday-Occurrences, who were easily intreated to spread abroad their late Manifestation, that their simplicity, piety, and innocency, and the Parliaments oppression, cruelty and tyranny might be the better known to the whole Kingdom, and Malignants hopes revived again, that at last these may restore them, &c. This raiseth up a spirit of contempt, envy, and malice, anger & discontent, against the Parliament, & all that they do.

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For those that are poor, indigent, and low in the world, these likewise must spread abroad their complaints, the deadnesse of Trading, the dearth of the times, the great burthens, assessments, and taxations; These are all through the neglect and by means of the Parliament, all burthens, rates, and services are laid upon them, they beare the heat and burthen of the day: but they are trampled upon, and is a peece of policy in men of great places, to keep the poor low, and needy in the world, and that this course must not be suffered, &c.

These and the like have been the particular ways of this cunning Artist, in abusing simple-hearted honest men; briefly the seeming tendency, drift, and scope of all his Agitations have carryed the face of many fould design.

First, to root out Religion and the principles and power thereof, out of the judgments and consciences of those that hearken unto him, witnesse those former Methods & Instances given in order thereunto.

Secondly, to root out the generation of honest, godly, religious and consciencious sort of people, whom he pretends to love above others, by putting them upon such waies and projects, which if they take place, would render them the most unsufferable generation in the world, not fit indeed to live in a Common-wealth: and what can his design herein be, but to precipitate them into their own ruine and destruction! and these are his Methods to that purpose.

First, to propose singular good things, and very promising, to the Common-wealth: And indeed, either he receives his instructions in some underhand way from others, (for we are not without ground, to suspect such a thing, as shall be declared as occasion Serves,) or else he hath a politique and crafty head in contriving, pretending, ordering and mannaging Propositions of that kind; This advanceth and magnifieth him in the thoughts and opinions of his seduced Disciples, for a man of admirable and good affections to the Common-wealth, to publique liberty and universall good: and withall, of admirable parts, capacities, and abilities, and therefore very fit for places of government, and worthy to be listned and hearkned unto.

Secondly, for the effecting of those things, and bringing them to passe, they must be tendered to the Parliament by the well-affected in Petitions, For what way is so meet for the people as petitioning, and what can those that are in Authority do lesse, then grant them just things, that every mans judgement calleth good? And here is Edition: current; Page: [6-233] one of the great Masterpeeces of his craft and subtilty, viz. in the framing, ordering and managing their Petitions.

First, the Phrase, Stile and Dialect of these Petitions must be always harsh, unpleasant, and in case if denied, menacing and provoking, representing the Petitioners, froward, imperious, passionate, furious, positive and implacable, men of low and mean birth, breeding and quality, proud, heady, high-minded, vainglorious, giving out themselves to be alwaies the well-affected party, by whom, chiefly and mainly, if not only the Parliament have been chosen, maintained, preserved: as if the whole burthen of the charges, and service of the Warrs, was undergone by them, and by none else.

Secondly, The matter of those Petitions must not contain apparent good things in themselves only, but alwaies mingled with some things very doubtfull and questionable, causing many disputes, debates and meetings hereabout.

Thirdly, They must alwaies be clog’d and fild with such things, which though in themselves desireable, and (were they attained) hopefull and promising to the well-being of honest men, and the interest of the Nation: yet unseasonable, being of the greatest and remotest probability (as things stand) to be procured: insisting with most importunities in plainnesse and peremptorinesse of words, upon such things: not contenting themselves with those which are directly previous and infallibly conducing thereunto: but having a speciall eye, either at the present incapacity of the House, (by reason of diversities of judgements amongst themselves, the inabilities of the Nation in generall, the variety of the providences of God, in ordering the affairs of the Common-wealth) to grant such things, though happily they themselves desire it, yet with much impetuousnesse, they commandingly pray, and proudly petition for the same, now his game is started and he merily pursues it.

First, He hath divided the quondam united petitioning party, by the framing, phrasifying and ordering these Petitions, some being for, others against the same, now heat, jealousies, differences arise, one party censuring the other (with hard words) for cowardice, dastardlinesse, and basenesse of spirit, these are our prudentialists, our wise, moderate men, that can never find a season to do good for their Countrey, Is it not time to speak out? shall we always be meal-mouth’d, and never speak plain? If this be not a season? when will it be? are not the things just we desire? if they will not Edition: current; Page: [6-234] grant them, we may see what to expect from them: Again, the other party looks upon them as rash, heady, incogitant, fiery, furious spirited men that are like to bring all to ruine and confusion, &c.

Secondly, the House is hereby unwillingly precipitated and hurried upon one of these inevitable rocks: either by granting their Petitions they must obnoxiate themselves to the disgust, displeasure, and irritation of the generality of all sorts of the people of the Land, as also to the dangerous consequences of the pride and ambition of these men, puft up with their vain and vapouring conceipts, that they must not be denyed, though their Petitions be never so peremptory, positive and commanding, or else,

Secondly, by denying them, they must undergo the hard, uncivill and unworthy Censures of these hot spirited Petitioners, viz. the Parliament, what is it? a company of base self-seeking fellows, a pack of knaves, as reall Tyrants as the King and his Patentees, a generation that will never do good to this Nation, that deserve no better at the hands of the people, then Weezils, or Polecats: this Mr. Walwyn himself, discoursing with others about modelling & framing Petitions, so as to induce the Parliament to give a gratious answer, protest to this purpose, that it would be better for the people, that the Parliament should deny, then grant their Petitions, for then they would discover themselves what they are, and what the people must expect from them; if any man shall revise all those Petitions, whose modell was the birth of his brain, he shall find them spirited, with such provocations, as have the greatest extention to all considerable Parties throughout the Nation; that the Magistrates may be provoked, their power must be taken away, the rigour of the Lawes abated, as inconsistent with the liberties of a free people, they must have no power to impresse or constrain the people to arms by Sea or Land, &c. in short, leaving them nothing but the bare ayrie empty title of a Magistrate without power, and this pleaseth the rude and vicious sort of people; again, the Ministers must be provoked, and thereby the Pulpits fiered, by taking away their maintenance under the name of Tythes, no other way or means propounded, to encourage the preaching of the Gospell, whereby this ayery, vain empty thing (so reputed by this man) called Religion, may be exploded and expelled the Nation; this pleaseth the ignorant, simple and covetous Party; the Lawyers they must be provoked, by pretending the uselessenesse of them in a Common-wealth, which pleaseth the irregular, quarrellous and offensive part of the people: The Merchants must be provoked by Edition: current; Page: [6-235] complaining against their Monopolizing of Trade in their own hands, and not admitting a free people to a free trade; it would be no hard matter clearly to discern an exasperating irritating & irascifying spirit in all their Petitions whose apt, natural & genuine tendencies are to kindle flames distempers, divisions, jealousies, & discontents amongst all sorts whatsoever.

Whether these former considerations do not meerly demonstrate his design of mischief to the honest and well-affected party, let any mans reason determine; as for the interest of the people, the freedom and Liberties of the Nation, (the great desire of his soul, and the travell of all his conceptions, if you will beleeve him) when any man shall seriously observe that the bent and naturall genius of all his solicitations are the division of the honest party, the alienation of their hearts from, and malignifying of their opinions against, yea, the utter ruine and destruction of the successefull and faithfull instruments of deliverance and safety to the Nation, his uniform hindering and obstructing, by his manifold wiles, the happy progresse of the compleat interest, deliverance and freedom of the people, when the Parl. and Army are in a hopefull capacity thereunto, his constant retarding and endeavours of preventing the execution of those very things, when in a hopefull way thereunto, which he formerly seem’d most eagerly, and with all his soul and might to pursue, his constant quarrelling with, and exciting his followers against, those that at any time, since this Parliament began, have the publike rule in their hands: he, I say, that shall impartially and in the exercise of his reason, observe these and many the like uniform, certain, and constant proceedings of this man, needs not be to seek how to make a most probable, if not indubitable judgment upon him in that point.

I shall only in a word adde one thing more, and leave him, and that is his constant endeavour to hinder the relief of Ireland, by exhibiting arguments and reasons in justification of that bloody rebellion, and in puzzling the judgements and Consciences of those that otherways would promote that happy work, arguing that the cause of the Irish Natives in seeking their just freedoms, immunities, and liberties, was the very same with our cause here, in indeavouring our own rescue and freedom from the power of oppressors, waving the consideration of that damnable, bloody, and unparalleled massacring, murthering, and starving so many thousands of poor Protestants, whose blood, it seems, this devout Manifestator, Mr. Walwyn judgeth not worthy, so much as to be enquired after, Edition: current; Page: [6-236] but God, I hope, hath, and will so discover the folly, falsenesse, and deceits of this man, that he shall proceed no further in seducing and deceiving the honest and plain hearted people, that have been apt to hearken to him.

As for L. C. Jo. Lilburn, I am very apt to beleeve, and hope, that there are yet some seeds of God remaining in him, which (though for the present very strangely subdued, and kept under the clouds of ambition, heat, and choller, passion, frowardnesse, and heighth of spirit, pride, vain-glory, and affectation, rendring him for the present fierce, heady, high-minded, lofty, peevish, revengefull, implacable, very unlovely, and unlike our Lord Jesus, to whose service he doth pretend,) will (notwithstanding all this) at last break forth in beauty & strength, in much sorrow, repentance, and humiliation, in much humility, meekness, and sweetness of spirit, in much gentlenesse, patience and long-suffering, in much wisdome, prudence, and lowlinesse of mind, which will at last grow up and ripen unto a rich and plentifull harvest of honour and praise unto God, of much complacency, satisfaction and contentment to his grieved and offended brethren, of much inward, comfortable, and contentfull communion and fellowship with the holy Spirit, and of his eternall peace, life, and salvation with God, hereafter, which (the Judge of, all hearts doth know) is the longing of my soul in his behalf.

As for Mr. Prince I have no acquaintance at all with him, but have heard a good report of him, and am very apt to believe the same, for he is not the first good man that hath been seduced by the sleights of men, and therefore the cognizance that I have of M. Lilburn, and the reports I hear of M. Prince, have incouraged me (as presuming if I am not deceived in the one and the other) to render to them some few considerations, confidently believing, that the serious and Christian contemplation therof, by vertue of that Spiritualis tactus, that, I hope, is upon their hearts, will prove through the blessing of God, a means of meekning, softning, and framing their spirits, unto a peaceable, quiet, and amiable disposition, life, and conversation.

Omitting then the consideration of the violent, furious, and fiery language, especially of M. Lilburn, together with the roughnesse, rigidnesse, and licentiousness of his tongue and pen, in abusing, knaving, and rascallizing (after a most furious and unchristian manner) those that have given as ample testimony of their integrity and faithfulnesse to this Nation, as ever any that was bred therein, Edition: current; Page: [6-237] as also of their innocency in those very things (viz. self-seeking, self-interest, &c.) whereof they are accused, having as great advantages, seasons, and oportunities hereunto, as ever men had, by the many and great victories, successes, and forces vouchsafed unto them, and under their command, whereby they have (through the presence of the Lord with them) pull’d down the pride and power of the enemy, and might have had what terms they pleased, for the particular advantage of themselves and families, would they thereby have been wooed, perswaded and wrought upon to a base and unworthy compliance, the lustre, brightnesse, and glory whereof, doth most powerfully break through all those clouds, fogs, and mists, ascending from the ranker, malice, and discontents, clamors, falsities, and scandalous tongues and pens of these men, to the generall satisfaction of wise observing and considering men, having not only the testimony of God and their own consciences, but even of those, whose occasions, condition, and conversation, have given them an oportunity of a peculiar, daily, and constant inspection and observation of their wayes, by means whereof they can laugh to scorn those irrationall accusations against them from day to day. I say, omitting these things which may be insisted upon, consider, (whereas you are still complaining of oppressions, sorrows and troubles of the Nation) that we cannot upon any rational & Scriptural ground, expect a compleat, full, absolute, and perfect freedome from all kind of pressures and grievances in the Land, surely a naturall and compleat freedome from all sorrows and troubles, was fit for man only before he had sinned, and not since, let them look for their portion in this life, that know no better, and their Kingdome in this world, that believe no other, to what end are the graces of faith, patience, and self-deniall, vouchsafed unto us? what need would there be of the ordinances of prayer, of the promises of the comforts of the Holy Ghost? what should we make of those sayings of Christ? asserting, That in the world we shall, have tribulation, That through many afflictions we must enter into the Kingdom of God, That here we have no continuing City, but we look for one that is to come, &c. if we might expect perfect freedom here below.

Again, consider whether your tongues, your pens, your bookes, should not as well savour of the sence of mercy received, as of complaints of what is wanting, though the sorrows, troubles, and grievances of the Nation be great, yet have we no cause of thankfulness to God and men for his mercy, and their assistance? what Edition: current; Page: [6-238] had become of this Nation, had not God stirr’d up those very men, which are the men of your complaint, to interpose between it, and the power, wrath, and malice of the contrary party? and is it not hard measure, when for all their hazarding and jeoparding their lives in the high places, under all disadvantages of numbers, powers, and strength, as you know they did, that you, even you, brethren of their own party, should reward them as now you do, could you bear it your selves?

Again, consider, that the best of men, are but men at best, and will you give no allowance for flesh and blood? doubtlesse, these men of your anger have their spots, for they are but men, but have not you yours? if they are such as you give them out to be, viz. base, tyrannicall, false and rotten-hearted men, will not God find them out, as he hath done in our eyes? yes verily: and so will he find you out, if you be like them, but if you think they are upright in the maine, pity them, pardon them, counsell them, and pray for them, as the like measure is meted out for you: can you presume that perfection and temptation can dwell together on this side the grave? Have you no covering for infirmities? Make it your own case; was there no tang of pride, vain-glory, tyranny and oppression in your L. Col. John Lilburne, when you were lifted but some few degrees above your brethren, and fellow-Souldiers in the Army? Will all men give testimorty of your meekness, wisdom, goodness, gentleness, that you were free from self-seeking, using no Lordliness over your poor souldiers, not the least tincture of fingering their dues, rights, liberties? can you think that had you that power, place, & authority in the Parliament, Army, &c. which these men have, that you would do better for the Common-wealth then they do? if so be such vain conceits do swel within you, recollect your self, & bear the language of a friend, what means then the imperious Magisterial Dialect of your tongue & pen, that you cannot bear the least-dissent from your opinion or judgement without flying beyond the bounds of your present station, yea, and civility, and good manners, but your tongue let flie: Knave, Rascall, Ile have his ears, Ile have his blood, &c? could you bear contradictions having power in your hands, & cannot indure the same, no, though it be in matter of opinion about State-affairs, when you stand upon the lower ground? Have not men hereby cause to presume you as full of tyrannicall principles, as a fish is full of spawne? Can you tread upon the necks of Princes and Rulers, while you are upon the dunghill, and would not doe the like even Edition: current; Page: [6-239] to Peasants if you sate upon the Throne? though you seem to blesse your selfe from day to day in that you can steal away the hearts of the people from the Parliament and Army, as Absalom did from David by your pretended zeal for the Liberties of the poor oppressed people, saying to the disturbed and grieved thereof for want of just administrations, as he did, 2 Sam. 15. 2, 3, 4) Of what City are you? of one of the Tribes of Israel: your matters are good and right, but there is no man to hear you: O that I were made a Judg in the Land, that every man that hath any suit, or cause, might come unto me, and I would do him right: The Free-born People of England, how are they oppressed, wronged and abused? No man judgeth their cause. This must be mended; we will have this, and that, and the other thing done, that will ease and please the people; and may happily gather together such a number as he did, about 4. hundred silly, shallow, heady, hasty and simple-hearted men to the Kingdoms trouble and their own mine; yet be perswaded in fame, for you cannot prosper; surely your spirit, your language, your dialect, stand at such palpable, plain, and open defiance to that spirit, which breatheth in the Scriptures, & in the hearts of those that fear God (out of whose number I do not exdude you, though as I said before, very strangely are the symptoms of godliness kept down in you) that you cannot, you shal not thus go on, and prosper, no notwithstanding your crafty methods & art, which you use to incense and stir up the poor ignorant Country, by sending your Papers, appointing this man to spread them abroad in this part, and that man in that part, this man in this parish, and another in that, exercising the like skil for infection of several Regiments, Troops, and Companies of the Army, by means whereof you boast of your thousands and ten thousands to stand to you, swelling up your vain spirit to that height, making you forget what you are, yet let me tell you, that all this while you are but making matter of shame, sorrow, and repentance for your self, and however you may be puft up with the airy, empty, vain & flattering words of those that applaud you, and cry you up for a valiant & brave spirit that hath withstood Kings, Lords, Commons, Army, fearing neither men or devils in your Countries Cause, the wind wherof may blow you up & down as a cloud without water, and make your sails swel beyond your vessel, yet wise judicious & seeing men do evidently perceive you vainly hurried to the very brink of an inevitable precipice, from whence (if not prevented by a gracious hand of mercy from on high) you will certainly fall into shameful issues, as Absalom did, to the Edition: current; Page: [6-240] grief & trouble of your real, though not flattering friends: if therefore you have any bowels of compassion to your native Country, in whose behalf you would seem even to be eaten up with zeal, do not hinder the happines therof, by gratifying Malignants, whose only hope is you and your party, who rejoyce in your mad and furious proceedings, and take pleasure in your folly, and do boie you up with vain, empty, and windy words, seeking your own, and your brethrens ruin, & would rejoyce to see us all destroyed and hang’d together: Do you think your Manifestation (wherein you would make them beleeve that you never have been any way violent against the persons of the King and Queen, or their party, though I confess I wonder with what face you could so speak) doth satisfie them? no doubtless they know you well enough, and you shall know it, if an opportunity serves them. Are you indeed lovers of your Country? why then do you hinder the peace & happiness thereof by your present Commotions? Are you indeed the servants of the most high God? where is his image? Are you the Disciples of Christ? where is his meekness, patience, gentleness, long-suffering goodness? Are you flesh of his flesh, and bone of his bone? where then is your love to his people? Can you make wise and judicious men to believe your great protest zeal of your love to good men, while you hinder the relief of Ireland, (though I now speak not to M. Walwyn and M. Overton, because I fear they have not hearing ears in matters of this nature,) yet, can you M. Lilburn and M. Prince bear the thoughts of so many thousand Protestants (amongst whom who can tell how many faithful servants of God) murthered & massacred without any inquisition made for their blood? nay, that all that remain of that generation must give up themselves to be butcherd and slaughterd by those sons of violence, and shal have no assistance? Could it enter into any mans heart, that L. Col. Lilburn the grand Zealot for honest mens interest should ever be so baffled with vain glosses, Jesuitical, notorious and cunning Sophistry, as to be perswaded to hinder the relief of Ireland? Do not the screeches and cries of those slaughtered men, women and children fill your ears, their sprawlings and gaspings appear in your eyes, while you hinder the just vengeance upon those barbarous murtherers? What’s become of those wonted bowels of love and affection to the honest party that did sound in you? are they restrained? can you resolve not only to deafen your ears to the cry of the dead for Justice, but will you stop them also against the cry of the living for mercy that are like to be slaughtered Edition: current; Page: [6-241] for want of relief? What Malignant, what Papist, what Jesuit, nay, what Devil, under the notion of an Angel of light, hath thus bewitcht you, that you cannot see the crafty jugglism and Jesuitism of your present transactions? Do you not perceive, nor yet understand that under the pretence, shape, and vizard of zeal for your Countries good, you are furiously hurried and blindly cheated into such actions that threaten its ruine? Will the raising up of a third War, the utter extirpation of the Protestants in Ireland, the dividing, rending, and breaking Englands Army, the heating, fiering and enflaming the spirits of the honest and united party, the raising, increasing and multiplying difficulties and troubles in this very juncture of time, when all contrivances, plots and projects that malice it self can study and invent by Sea or Land to prevent and hinder the hopeful change of the late Government for the happy promotion of the Liberties and Freedom of the people? Will these things, I say (the proper tendencies of your present practises) promote the Peace and Interest of England? Or can they be any other then the unhappy birth of the Romish, Malignant, Jesuitical and Satanical Faction? And shall L. Col. John Lilburn, and Mr Prince, protest friends to Englands Interest, adjutate, help and promote the same? Or speak plainly, Have you quitted the tents of Israel, and struk hands with the Philistins? Is your quondam Religion and protest experiences thereof like salt that hath lost its savour? Is it now fit for nothing but the dunghil? Do you make no other use of your old profession then to retain your credit with your quondam companions for your more easie & quick dispatch of their utter ruine, by the course you take, that so you may do their grand Enemy and his party the greater work in a little time; if these things be the abhorring of your souls, what means your present practises? Destroy the Parliament and Councel of State, break the Army in pieces, set the Souldiers against the Officers, tell them ’tis Tyranny to be under the martial Discipline, (though under pay) hinder the relief of Ireland, make way for the Rebells to come over hither, let French, & Danes and Devils come with them; do not you think that all this will promote Englands interest, the Gospels through-fare, and happy successe, the peace and prosperity of Honest men? and have not your present ways, a direct face, yea, and a swift foot after these things? or hath the spirit of Tinmouth Lilburne, possessed you, that you have resolved to betray the interest of the whole Nation into the hands of the revengefull Enemie. Well, if it be so, you are about a work which will devour Edition: current; Page: [6-242] the workman. For all they that hate Zion shall be turned backward and perish.

Postscript

Reader,

The foolish, vain, inconsistent, malicious, and contradictious Scandals, falsities and absurdities of the late Pamphlets, subscribed by these men, are so plain, dear and obvious, that it would reflect disparagement upon thy judgment, and difficiency upon thy observation to insist upon the same, nevertheless because they are a high-flown generation, presuming that unanswerable which others judg intolerable, and mens discretion in slighting their folly insufficiency to refute the same, thou shalt (as occasion is offered, if thy nostrils can bear it) see the boyls and botches of their ulcerous pens lancht before thee, wherein thou mayst expect such heighths of confidence, and depths of ignorance, such impudence and arrogance, such substantial vapors, such true falsities, such shallow deeps, such real vanities, such irrational reasonings, such dividing propositions for the settlement of peace, such reedy pillars for the establishment of the State, such warring principles for the Peoples Agreement, as it is hard to say, whether will move thy pity or laughter; but when men turn apostates from God, scoffers of Religion, deny the Scriptures, neglect, contemn, and despise the means of Sanctification, grow haughty, proud, vain-glorious, passionate, froward, fierce, fiery, &c. they’l at last make nothing to strike hands with the Devil and his party, Atheists and Papists, and prophane Malignants, no longer help the Lord against the mighty, but the mighty against the Lord, betray Ireland, settle the Prince upon the English throne, ruine the honest interest of the Nation, and then

Farewel.

Edition: current; Page: [6-243]

John Lilburne

Lilburne, John

William Walwyn

Walwyn, William

Thomas Prince

Prince, Thomas

Richard Overton

Overton, Richard

1 May 1649

[11]

6.11. John Lilburne, William Walwyn, Thomas Prince, Richard Overton, An Agreement of the Free People of England (London: Gyles Calvert, 1 May 1649).

Source

John Lilburne, William Walwyn, Thomas Prince, Richard Overton, An Agreement of the Free People of England. Tendered as a Peace-Offering to this distressed Nation. By Lieutenant Colonel John Lilburne, Master William Walwyn, Master Thomas Prince, and Master Richard Overton, Prisoners in the Tower of London, May the 1. 1649. London, Printed for Gyles Calvert at the blackspread-Eagle at the West end of Pauls, 1649. (London: Gyles Calvert, 1 May 1649).

Edition: current; Page: [6-244]

A Preparative to all sorts of people.

IF AFFLICTIONS make men wise, and wisdom direct to happinesse, then certainly this Nation is not far from such a degree therof, as may compare if not far exceed, any part of the world: having for some yeares by-past, drunk deep of the Cup of misery and sorrow. We blesse God our consciences are cleer from adding affliction to affliction, having ever laboured from the beginning, of our publick distractions, to compose and reconcile them: & should esteem it the Crown of all our temporal felicity that yet we might be instrumentall in procuring the peace and prosperity of this Common-wealth the land of our Nativity.

And therefore according to our promise in our late Manifestation of the 14 of Aprill 1649. (being perswaded of the necessitie and justnesse thereof) as a Peace-Offering to the Free people of this Nation, we tender this ensuing Agreement, not knowing any more effectuall means to put a finall period to all our feares and troubles.

It is a way of settlement, though at first much startled at by some in high authority; yet according to the nature of truth, it hath made its own way into the understanding, and taken root in most mens hearts and affections, so that we have reall ground to hope (what ever shall become of us) that our earnest desires and indeavours for good to the people will not altogether be null and frustrate.

The life of all things is in the right use and application, which is not our worke only, but every mans conscience must look to it Edition: current; Page: [6-245] selfe, and not dreame out more seasons and opportunities. And this we trust will satisfie all ingenuous people that we are not such wilde, irrationall, dangerous Creatures as we have been aspersed to be; This agreement being the ultimate end and full scope of all our desires and intentions concerning the Government of this Nation, and wherein we shall absolutely rest satisfied and acquiesce; nor did we ever give just cause for any to beleeve worse of us by any thing either said or done by us, and which would not in the least be doubted, but that men consider not the interest of those that I have so unchristian-like made bold with our good names; but we must bear with men of such interests as are opposite to any part of this Agreement, when neither our Saviour nor his Apostles innocency could stop such mens mouthes whose interests their doctrines and practises did extirpate; And therefore if friends at least would but consider what interest men relate to, whilst they are telling or whispering their aspersions against us, they would find the reason and save us a great deale of labour in clearing our selves, it being a remarkable signe of an ill cause when aspersions supply the place of Arguments.

We blesse God that he hath given us time and hearts to bring it to this issue, what further he hath for us to do is yet only knowne to his wisedom, to whose will and pleasure we shall willingly submit; we have if we look with the eyes of frailty, enemies like the sons of Anak, but if with the eyes of faith and confidence in a righteous God and a just cause, we see more with us then against us.

JOHN LILBURN.

WILLIAM WALWYN.

THOMAS PRINCE.

RICHARD OVERTON.

From our causelesse captivity
in the Tower of London,

May 1. 1649.

The Agreement it selfe thus followeth.

After the long and tedious prosecution of a most unnaturall cruell, homebred war, occasioned by divisions and distempers amongst our selves, and those distempers arising from the uncertaintie of our Government, and the exercise of an unlimited or Arbitrary power, by such as have been trusted with Supreme and subordinate Authority, wherby multitudes of grievances and intolerable oppressions have been brought upon us. And finding after Edition: current; Page: [6-246] eight yeares experience and expectation all indeavours hitherto used, or remedies hitherto applyed, to have encreased rather then diminished our distractions, and that if not speedily prevented our falling againe into factions and divisions, will not only deprive us of the benefit of all those wonderful Victories God hath vouchsafed against such as sought our bondage, but expose us first to poverty and misery, and then to be destroyed by forraigne enemies. And being earnestly desirous to make a right use of that opportunity God hath given us to make this Nation Free and Happy, to reconcile our differences, and beget a perfect amitie and friendship once more amongst us, that we may stand clear in our consciences before Almighty God, as unbyassed by any corrupt Interest or particular advantages, and manifest to all the world that our indeavours have not proceeded from malice to the persons of any, or enmity against opinions; but in reference to the peace and prosperity of the Common-wealth, and for prevention of like distractions, and removall of all grievances; We the free People of England, to whom God hath given hearts, means and opportunity to effect the same, do with submission to his wisdom, in his name, and desiring the equity thereof may be to his praise and glory; Agree to ascertain our Government, to abolish all arbitrary Power, and to set bounds and limits both to our Supreme, and all Subordinate Authority, and remove all known Grievances.

And accordingly do declare and publish to all the world, that we are agreed as followeth,

I. That the Supreme Authority of England and the Territories therewith incorporate, shall be and reside henceforward in a Representative of the People consisting of four hundred persons, but no more; in the choice of whom (according to naturall right) all men of the age of one and twenty yeers and upwards (not being servants, or receiving alms, or having served the late King in Arms or voluntary Contributions) shall have their voices; and be capable of being elected to that Supreme Trust, those who served the King being disabled for ten years onely. All things concerning the distribution of the said four hundred Members proportionable to the respective parts of the Nation, the severall places for Election, the manner of giving and taking of Voyces, with all Circumstances of like nature, tending to the compleating and equall proceedings in Elections, as also their Salary, is referred to Edition: current; Page: [6-247] be setled by this present Parliament, in such sort as the next Representative may be in a certain capacity to meet with safety at the time herein expressed: and such circumstances to be made more perfect by future Representatives.

II. That two hundred of the four hundred Members, and not lesse, shall be taken and esteemed for a competent Representative; and the major Voyces present shall be concluding to this Nation. The place of Session, and choice of a Speaker, with other circumstances of that nature, are referred to the care of this and future Representatives.

III. And to the end all publick Officers may be certainly accountable, and no Factions made to maintain corrupt Interests, no Officer of any salary, Forces in Army or Garison, nor any Treasurer or Receiver of publick monies, shall (while such) be elected a Member for any Representative; and if any Lawyer shall at any time be chosen, he shall be uncapable of practice as a Lawyer, during the whole time of that Trust. And for the same reason, and that all persons may be capable of subjection as well as rule.

IIII. That no Member of the present Parliament shall be capable of being elected of the next Representative, nor any Member of any future Representative shall be capable of being chosen for the Representative immediately succeeding: but are free to be chosen, one Representative having intervened: Nor shall any Member of any Representative be made either Receiver, Treasurer, or other Officer during that imployment.

V. That for avoyding the many dangers and inconveniences apparently arising from the long continuance of the same persons in Authority; We Agree, that this present Parliament shall end the first Wednesday in August next 1649, and thenceforth be of no power or Authority: and in the mean time shall order and direct the Election of a new and equall Representative, according to the true intent of this our Agreement: and so as the next Representative may meet and sit in power and Authority as an effectuall Representative upon the day following; namely, the first Thursday of the same August, 1649.

VI. We agree, if the present Parliament shall omit to order such Election or Meeting of a new Representative; or shall by any means be hindered from performance of that Trust:

That in such case, we shall for the next Representative proceed in electing thereof in those places, & according to that manner & Edition: current; Page: [6-248] number formerly accustomed in the choice of Knights and Burgesses; observing onely the exceptions of such persons from being Electors or Elected, as are mentioned before in the first third, and fourth Heads of this Agreement: It being most unreasonable that we should either be kept from new, frequent and successive Representatives, or that the supreme Authority should fall into the hands of such as have manifested disaffection to our common Freedom, and endeavoured the bondage of the Nation.

VII. And for preserving the supreme authority from falling into the hands of any whom the people have not, or shall not chuse, We are resolved and agreed (God willing) that a new Representative shall be upon the first Thursday in August next aforesaid: the ordering and disposing of themselves, as to the choice of a speaker, and the like circumstances, is hereby left to their discretion: But are in the extent and exercise of Power, to follow the direction and rules of this agreement; and are hereby authorised and required according to their best judgements, to set rules for future equall distribution, and election of Members as is herein intended and enjoyned to be done, by the present Parliament.

VIII. And for the preservation of the supreme Authority (in all times) entirely in the hands of such persons only as shal be chosen thereunto—we agree and declare: That the next & al future Representatives, shall continue in full power for the space of one whole year: and that the people shall of course, chuse a Parliament once every year so as all the members thereof may be in a capacity to meet, and take place of the foregoing Representative: the first Thursday in every August for ever if God so please; Also (for the same reason) that the next or any future Representative being met, shall continue their Session day by day without intermission for four monthes at the least; and after that shall be at Liberty to adjourn from two monthes to two months, as they shall see cause untill their yeer be expired, but shall sit no longer then a yeer upon pain of treason to every member that shall exceed that time: and in times of adjurnment shall not erect a Councel of State but refer the managing of affairs in the intervals to a Committee of their own members, giving such instructions, and publish them, as shall in no measure contradict this agreement.

IX. And that none henceforth may be ignorant or doubtful concerning the power of the Supreme authority, and of the affairs, about which the same is to be conversant and exercised: we agree Edition: current; Page: [6-249] and declare, that the power of Representatives shall extend without the consent or concurrence of any other person or persons,

1. To the conservation of Peace and commerce with forrain Nations.

2. To the preservation of those safe guards, and securities of our lives, limbes, liberties, properties, and estates, contained in the Petition of Right, made and enacted in the third year of the late King.

3. To the raising of moneys, and generally to all things as shall be evidently conducing to those ends, or to the enlargement of our freedom, redress of grievances, and prosperity of the Commonwealth.

For security whereof, having by wofull experience found the prevalence of corrupt interests powerfully inclining most men once entrusted with authority, to pervert the same to their own domination, and to the prejudice of our Peace and Liberties, we therefore further agree and declare.

X. That we do not impower or entrust our said representatives to continue in force, or to make any Lawes, Oaths, or Covenants, whereby to compell by penalties or otherwise any person to any thing in or about matters of faith, Religion or Gods worship or to restrain any person from the profession of his faith, or exercise of Religion according to his Conscience, nothing having caused more distractions, and heart burnings in all ages, then persecution and molestation for matters of Conscience in and about Religion:

XI. We doe not impower them to impresse or constrain any person to serve in war by Sea or Land every mans Conscience being to be satisfied in the justness of that cause wherein he hazards his own life, or may destroy an others.

And for the quieting of all differences, and abolishing of all enmity and rancour, as much as is now possible for us to effect.

XII. We agree, That after the end of this present Parliament, no person shall be questioned for any thing said or done in reference to the late Warres, or publique differences; otherwise then in pursuance of the determinations of the present Parliament, against such as have adhered to the King against the Liberties of the people: And saving that Accomptants for publick moneys received, shall remain accomptable for the same.

XIII. That all priviledges or exemptions of any persons from the Lawes, or from the ordinary course of Legall proceedings, by vertue of any Tenure, Grant, Charter, Patent, Degree, or Birth, or Edition: current; Page: [6-250] of any place of residence, or refuge, or priviledge of Parliament, shall be henceforth void and null; and the like not to be made nor revived again.

XIIII. We doe not impower them to give judgment upon any ones person or estate, where no Law hath been before provided, nor to give power to any other Court or jurisdiction so to do, Because where there is no Law, there is no transgression, for men or Magistrates to take Cognisance of; neither doe we impower them to intermeddle with the execution of any Law whatsoever.

XV. And that we may remove all long setled Grievances, and thereby as farre as we are able, take away all cause of complaints, and no longer depend upon the uncertain inclination of Parliaments to remove them, nor trouble our selves or them with Petitions after Petitions, as hath been accustomed, without fruit or benefit; and knowing no cause why any should repine at our removall of them, except such as make advantage by their continuance, or are related to some corrupt Interests, which we are not to regard.

We agree and Declare,

XVI. That it shall not be in the power of any Representative, to punish, or cause to be punished, any person or persons for refusing to answer to questions against themselves in Criminall cases.

XVII. That it shall not be in their power, after the end of the next Representative, to continue or constitute any proceedings in Law that shall be longer then Six months in the final determination of any cause past all Appeal, nor to continue the Laws or proceedings therein in any other Language then English, nor to hinder any person or persons from pleading their own Causes, or of making use of whom they please to plead for them.

The reducing of these and other the like provisions of this nature in this Agreement provided, and which could not now in all particulars be perfected by us, is intended by us to be the proper works of faithful Representatives.

XVIII. That it shall not be in their power to continue or make any Laws to abridge or hinder any person or persons, from trading or merchandizing into any place beyond the Seas, where any of this Nation are free to Trade.

XIX. That it shall not be in their power to continue Excise or Customes upon any sort of Food, or any other Goods, Wares, or Commodities, longer then four months after the beginning of the next Representative, being both of them extreme burthensome Edition: current; Page: [6-251] and oppressive to Trade, and so expensive in the Receipt, as the moneys expended therein (if collected as Subsidies have been) would extend very far towards defraying the publick Charges; and forasmuch as all Moneys to be raised are drawn from the People; such burthensome and chargeable wayes, shall never more be revived, nor shall they raise Moneys by any other ways (after the aforesaid time) but only by an equal rate in the pound upon every reall and personall estate in the Nation.

XX. That it shall not be in their power to make or continue any Law, whereby mens reall or personall estates, or any part thereof, shall be exempted from payment of their debts; or to imprison any person for debt of any nature, it being both unchristian in it self, and no advantage to the Creditors, and both a reproach and prejudice to the Commonwealth.

XXI. That it shall not be in their power to make or continue any Law, for taking away any mans life, except for murther, or other the like hainous offences destructive to humane Society, or for endevouring by force to destroy this our Agreement, but shall use their uttermost endeavour to appoint punishments equall to offences: that so mens Lives, Limbs, Liberties, and estates, may not be liable to be taken away upon trivial or slight occasions as they have been; and shall have speciall care to preserve, all sorts of people from wickedness misery and beggery: nor shall the estate of any capitall offendor be confiscate but in cases of treason only; and in all other capitall offences recompence shall be made to the parties damnified, as well out of the estate of the Malifactor, as by loss of life, according to the conscience of his jury.

XXII. That it shall not be in their power to continue or make any Law, to deprive any person, in case of Tryals for Life, Limb, Liberty, or Estate from the benefit of witnesses on his or their behalf; nor deprive any person of those priviledges, and liberties, contained in the Petition of Right, made in the third yeer of the late King Charls.

XXIII. That it shall not be in their power to continue the Grievance of Tithes, longer then to the end of the next Representative; in which time, they shall provide to give reasonable satisfaction to all Impropriators: neither shall they force by penalties or otherwise any person to pay towards the maintenance of any Ministers, who out of conscience cannot submit thereunto.

XXIV. That it shall not be in their power to impose Ministers upon any the respective Parishes, but shall give free liberty to the Edition: current; Page: [6-252] parishioners of every particular parish, to chuse such as themselves shall approve; and upon such terms, and for such reward, as themselves shall be willing to contribute, or shall contract for. Provided, none be chusers but such as are capable of electing Representatives.

XXV. That it shal not be in their power, to continue or make a law, for any other way of Judgments, or Conviction of life, limb, liberty, or estate, but onely by twelve sworn men of the Neighborhood; to be chosen in some free way by the people; to be directed before the end of the next Representative, and not picked and imposed, as hitherto in many places they have been.

XXVI. They shall not disable any person from bearing any office in the Common-wealth, for any opinion or practice in Religion, excepting such as maintain the Popes (or other forraign) Supremacy.

XXVII. That it shal not be in their power to impose any publike officer upon any Counties, Hundreds, Cities, Towns, or Borroughs; but the people capable by this Agreement to chuse Representatives, shall chuse all their publike Officers that are in any kinde to administer the Law for their respective places, for one whole yeer, and no longer, and so from yeer to yeer: and this as an especial means to avoyd Factions, and Parties.

And that no person may have just cause to complain, by reason of taking away the Excise and Customs, we agree,

XXVIII. That the next, and all future Representatives shall exactly keep the publike Faith, and give ful satisfaction, for all securities, debts, arrears or damages, (justly chargeable) out of the publike Treasury; and shall confirm and make good all just publike Purchases and Contracts that have been, or shall be made; save that the next Representative may confirm or make null in part or in whole, all gifts of Lands, Moneys, Offices, or otherwise made by the present Parliament, to any Member of the House of Commons, or to any of the Lords, or to any of the attendants of either of them.

And for as much as nothing threateneth greater danger to the Common-wealth, then that the Military power should by any means come to be superior to the Civil Authority,

XXIX. We declare and agree, That no Forces shal be raised, but by the Representatives, for the time being; and in raising thereof, that they exactly observe these Rules, namely, That they allot to each particular County, City, Town, and Borrugh, the raising, furnishing, agreeing, and paying of a due proportion, according to Edition: current; Page: [6-253] the whole number to be levyed; and shall to the Electors of Representatives in each respective place, give Free liberty, to nominate and appoint all Officers appertaining to Regiments, Troops, and Companies, and to remove them as they shall see cause, Reserving to the Representative, the nominating and appointing onely of the General, and all General-Officers; and the ordering, regulatng, and commanding of them all, upon what service shall seem to them necessary for the Safety, Peace, and Freedom of the Common-wealth.

And in as much as we have found by sad experience, That generally men make little or nothing, to innovate in Government, to exceed their time and power in places of trust, to introduce an Arbitrary, and Tyrannical power, and to overturn all things into Anarchy and Confusion, where there are no penalties imposed for such destructive crimes and offences,

XXX. We therefore agree and declare, That it shall not be in the power of any Representative, in any wise, to render up, or give, or take away any part of this Agreement, nor level mens Estates, destroy Propriety, or make all things Common: And if any Representative shall endevor, as a Representative, to destroy this Agreement, every Member present in the House, not entering or immediately publishing his dissent, shall incur the pain due for High Treason, and be proceeded against accordingly; and if any person or persons, shall by force endevor or contrive, the destruction thereof, each person so doing, shall likewise be dealt withal as in cases of Treason.

And if any person shal by force of Arms disturb Elections of Representatives, he shall incurr the penalty of a Riot; and if any person not capable of being an Elector, or Elected, shal intrude themselves amongst those that are, or any persons shall behave themselves rudely and disorderly, such persons shal be liable to a presentment by a grand Inquest and to an indictment upon misdemeanor; and be fined and otherwise punish’d according to the discretion and verdict of a Jury. And all Laws made or that shall be made contrary to any part of this Agreement are hereby made null and void.

Thus, as becometh a free People, thankfull unto God for this blessed opportunity, and desirous to make use thereof to his glory, in taking off every yoak, and removing every burthen, in delivering the captive, and setting the oppressed free; we have in all the particular Heads forementioned, done as we would be done unto, Edition: current; Page: [6-254] and as we trust in God will abolish all occasion of offence and discord, and produce the lasting Peace and Prosperity of this Common-wealth: and accordingly do in the sincerity of our hearts and consciences, as in the presence of Almighty God, give cleer testimony of our absolute agreement to all and every part hereof by subscribing our hands thereunto. Dated the first day of May, in the Yeer of our Lord 1649.

JOHN LILBURN.

WILLIAM WALWYN.

THOMAS PRINCE.

RICHARD OVERTON.

April 30. 1649.

Imprimatur.

GILBERT MABBOT

finis.

London, Printed for Gyles Calvert at the black spread-Eagle at the West end of Pauls.

Edition: current; Page: [6-255]

Robert Lockier

Lockier, Robert

John Lilburne

Lilburne, John

Richard Overton

Overton, Richard

4 May 1649

[12]

6.12. Robert Lockier, John Lilburne, and Richard Overton, The Army’s Martyr (London, n.p., 4 May 1649).

Source

[12] 4 May 1649 - Robert Lockier, John Lilburne, and Richard Overton, The Army’s Martyr, Or, A more ful Relation of the barbarous and illegall proceedings of the Court-Martiall at White-Hall Upon Mr. Robert Lockier: Who was shot to death in Paul’s Church-yard upon the 27 day of April, 1649. And a brief Narrative of the Cause thereof. With his Christian carriage and deportment, and his dying Speeches to all his fellow-souldiers at the time of his Execution, as an everlasting witnesse of his integrity to the Rights and Freedoms of the Common-Wealth. With a Petition Of divers well-affected persons, and a Letter of Lieut. Col. Jo. Lilburne, and M. Ri. Overton, Presented to the General in his behalf. Printed at London in the Yeer 1649. (London, n.p., 4 May 1649).

Edition: current; Page: [6-256] Edition: current; Page: [6-257a] Edition: current; Page: [6-257b]

THE ARMIES MARTYR, &c.

WHereas I have been truly informed from many honest and consciencious persons of the life and death of this gallant man M. Lockier) I thought good out of that duty I owe unto him, for to give a perfect and full Relation of the whole matter & cause of his death, for the full satisfaction of all persons that desire to be truly informed: And knowing that it is the duty of every man that lives in a Common-wealth to be as instrumentall as he can, in discovering any thing that may be of Publick concernment; And considering that it is the common practice of Machiavils to colour over their cruell and unjust actions with the vizor of some great good, or prevention of some great evill to the Nation or place where the thing was committed, the better to deceive the simple, and wellminded people; And to keep on that veile of hypocrisie which they have cast over the face of the Common-wealth that they might not question their abominable actions, both towards this poor innocent, and their juglings with the whole Nation; I have therefore taken a little paines to put forth a Narrative of the cause of this their bloody proceedings against him; that people may be possessed that their holinesses may erre and be guilty of as much innocent blood, if they continue in the courses they have walked in of late, as ever Queen Mary or any Tyrants before her: Thus then to the matter: on Tuesday Aprill the 24. 1649. there came orders for the Troop to march forth of the City; and the Souldiers being unwilling to march forth without mony to defray their Quarters: desired pay to put them in a capacity to pay their Quarters there, and be enabled to give satisfaction to the Country which they were to march into: which desires of theirs being not fulfild, they went unto the foure Swannes where their Colours were, and secured them for the present, untill they had the pay that was due to them; being invited by some of Cap. Groves Troop who had secured their colours before them: well then here was a months pay provided for them; but the Clark affirmed that there was 11 dayes pay due more to them then that months, and would have laid five pound with the Quartermaster of the truth of it: But when Col. Whaley came and they disputed how much they were behind, he came down the yard and said there was but Edition: current; Page: [6-258a] five dayes pay due to them: But whether this was a plot of his to cause this stirre or trouble, I know not; but surely it was the trick of a knave in so doing; but to the matter; while they were in dispute about their marching away, there came a fortnights pay out of Essex for them; and on Tuesday night there was an alarm in their quarters about some plot as they say to destroy the Generall and some Officers, and some papers cast abroad to that effect, a meer plot of the Grandees as is conceived the better to countenance their illegall proceedings on some Citizens that night, which because the Souldiers did not march were not ashamed to put it upon them, though they never knew of it; at which time of the alarm, or as they were to goe to their quarters, Captain Savage told them that they should come & receive a fortnights pay more betimes in the morning that they might march away; whereupon they prepared for the march, some having received their monies; but when some came for it, he told them they could not, nor should not receive it, though other Troops had, because they refused to march the day before; whereupon they kept their Colours and would not march except they were made up equall in pay with the rest of the Regiment: But yet so reasonable they were in their demands that they told Col. Whaley and M. Swallow and their Capt. that if they might have but the fives dayes pay which they acknowledged was due to them, with an engagement from their Officers to pay them a days pay every day as they were upon the march till they were made up equall with the Regiment, and a passing by what had been done on both sides, they would march away presently; No, they should not have it because they did not march out to a Rendevouz of the Regiment the day before to Mile-end green, although there were not many above 40 of the three Troopes that marcht forth and came in againe; Yet at length Col. Whaley said that if their Captain should draw out six men of them and carry them before the Generall, they should have it: but they were unwilling that any should be taken out, seeing all had refused marching: being forced thereunto by their unjust command, in commanding them to march without their pay to satisfie their quarters: at length the Generall and Lieutenant Generall came very furiously breathing forth nothing but death to them all, being fetch’d and animated on by that forsworn and perjured tyrannicall Knave Chillington, who can take what he please out of the Souldiers pay for to maintain him in his Domineering courses. But oh how bloody and red did Cromwel look! and the Generall told them that they should be hanged all, and that they did deserve to be hanged presently in the Court: whereupon a Souldier or two went down the Gallery, and desired his Execellency to hear their just desires: Edition: current; Page: [6-258b] No, he would not hear them there; but they must march away presently to White-hall with those Troops that came to guard them thither; there being no resistance offered on the Souldiers part, nor sword drawn, though they have reported since, there were: but Whaley drew his, and Chillington drew his to cut a Souldier, from whose back he rent his cloak. But so much do they thirst after the bloud of those that shall dispute a command of theirs, whether right or wrong, all is a case to them, when it comes to diminish from their lawlesse wils (for it was disputed and affirmed by an Officer of the Army at the Spittle, that souldiers must obey their commands, and not question it, though it be to kill a man, or steal an horse) that to prison they must, and the next day to a Councel of War, as they call it, where their most implacable & bloudy enemies were their Accusers and Witnesses, if not their Judges; who, when they had sworn many things against some of them which they never did (as can sufficiently be proved by good hands) male constructions and consequences on the things done and sworn, whispering in the ears of them that sate in the Councel (no question but to stir up their holy zeal against those that most opposed their ungodly practices.) Now though there were many witnesses of taking the Colours from the four Swans, and carrying them into the Bul-yard; yet none swore, or at least could swear, that he above any other did lay hands on them first, because there were about 40 that huddled or compass’d the Colours about at one time: And though they say he did confesse himself he did it; I say, its no such matter: all that he said, was, that he had a hand in it as well as others. Besides, Capt. Savage would have sworn that M. Joyce had done it; for he came to him, and said, Mr. Joyce, I will take my oath that you were the first man that laid hands on my Colours: But the Gentleman being not able to bear such a grosse Lie, told him, he was at the Generals Quarters that day till almost night to get leave to go see his friends.

But such was their former malice at this gallant man (for his former appearing in the Agreement of the People, when they murdered Mr. Arnold at Ware; and because he would often oppose or dispute their unjust actions) that right or wrong, their Saint-like thirst could be satisfied with nothing but his bloud. Well, die he must the next day by two of the clock, so was the Sentence; Nothing could work upon any of them [for as David saith, There is none of them that doth good, no not one;] for when divers Citizens went with a Petition, desiring his Excellencies mercy and clemency to mitigate the Sentence, and reprieve him but one day more; shewing from the Statutes of the Land, that it could be no lesse then murder to exercise Martial Law in a time of peace; yet this could not prevail with him, the Law is but a dead letter to them, when they must exalt their wils above it; Edition: current; Page: [6-259a] for they make no more conscience of destroying the life of our lives, that is to say, the Law, then a dog doth of eating a shoulder of mutton; for their will is their Law, and their Sword their Justice. Another went to Col. Whaley in the behalf of this poor Innocent, and found him come lately out of bed in his Skie-colour satten wastcoat lac’d with silver lace, and his pantophles dawbed with silver lace, and did present a Petition to his Honor, beseeching his Honour, that he would be pleased to remember mercy to this poor Gentleman, & mitigate the Sentence to any other punishment, so as it was not to the taking away of his life: But after many things passed between them, at last he said, that if it lay in his power to save him, he would not. The like most humble Petition that could be framed by a man, was sent in to the Councel on his behalf, and the rest that were to draw lots for their lives; But nothing would satisfie but his blood; many persons came to visit him that formerly knew him much lamenting his most sad condition, being condenmned for nothing but asking his pay: And indeed that was the thing which did most troubled him, that so small a thing as contending for his pay, should give his enemies occasion to take away his life; which as he often said, had it been for the freedom and liberties of this Nation for which he had engaged these 7 or 8 years, it would have much added to his comfort; Though he was satisfied well enough, that this in asking his pay was far inconsiderable to the taking away of his life in the eyes of God and all unprejudiced men: for he knew it was malice that prevailed over him and not justice; for one would have thought that there being no swords drawn nor affronts to any offered, that if it was such a fault and of such a nature, that a casheerment of the Army, or banishment of the Kingdom would have been punishment enough for his first failling, and faithfull and valiant services performed by him for these seven or eight years; They well knowing that for his duty he hath ever been ready to perform; and never held with any that was unwilling to do that duty which was required of him and his due to performe. Concerning his conversation, he was a man honest, just and faithfull, being able to render an account of his faith in God, and hope of eternal life; and was also able to make good the Cause for which he so long had engaged: which is a difficult thing to many simple guls now in armes, that like so many sheep, will be commanded to kill and do any violence and never question it: for indeed this is that sweet temper these Machavils have so long laboured after; namely the casting forth of all honest and deserving Souldiers that would be active for common good, & listing of such as will kill a man for a morsel of bread; for his civill courtesie, and loving carriage and disposition at all times and to all persons, he may challeng respect Edition: current; Page: [6-259b] from any that knew him; for I think he was beloved of many, and scarce hated of any; he was a man that did extremely desire the freedom of the Common-wealth, as can be witnessed by divers who knew his forwardness in promoting any thing tending thereunto: as when the agreement of the people was broken off at Ware; (by these that pretended it was not Gods time, because they had not gotten to that height of honour which now they say Providence hath brought them) oh how sad was his poor spirit, riding up and down the fields with one or two, where he manifested so much love to the liberties of his native Country, as that he could have lost his life there to have procured it.

For his valour in the field, I scorn to equalize it with the proudest of his enemies that sate in Councell or bore false witness against him: he did much scorn to engage any man for his life, but he would endeavour his utmost to perform it: [Not like Whaly when he engaged Major Bethell to charge a party of the Kings Horse, commanded by the Lord Goring neer Oxford; and promised to charge them with his division at another place; the Major Bethell asked him again and again whether he would do it; he told him he would; who afterward stood still and never charged at all, but suffered 9 troops to fall on 3 broken troops, where the Major was taken, and many kill’d and most desperatly wounded; and for which he received a sufficient check from Crumwel] he was much grieved to see such Taxes, Excise, Tythes and Free-quarter to lye upon the Country, and would not be so exact as many self seeking officers are (when they lye at Free quarter on the poor Country) of their accommodation, either for himself or his horse; I need not blaze his good esteem he had of all persons that knew him; for they do, and can speak more then I can of him, and for him: In his dealing with all men he was just, ever approving of that rule of Christ, that what we would have others do to us, we should to them; and I dare pawn my Salvation upon this truth, that he did as much as could be be discerned, walk by it: failings I will not say but he was subject to as well as others; but if told of his failings, he indevoured amendment; and if any be without sin let him cast the first stone at him: sure I am, he was more conscionable in serving his Nation then Captain Savage that holy man, whose holiness can admit of three men, or two men and a boy to be mustered, and receive pay for them, and send them home to his father in laws house with their horses and let them do their work, and the Common-wealth to pay them: But I’ll warrant the good man will tell you it is a priviledge that we Officers have, being fetcht from the practice of mercenaries beyond the sea; but this is not the first cheat he hath served the state, neither is he alone but many Edition: current; Page: [6-260a] more Officers in the Army, especially those that are married, who can make it their trade to be with their wives more then with their troops & companies; though themselves have denied that to others before they were in that Condition, telling them that he that warreth a warfare intangleth not himself with the things of the world. But now it is no marvell they asperse and envy every man that desireth but to look into the mystery of their iniquity; they may do what they please and no man question them for it; as Captain Tounsell took Mr. Sawyer and cast him into White-hall after he had abused him sufficiently in his own Chamber, there commiting him without any order or charge against him, where he might die and perish for want of food if good people did not relieve him; so I say marvell not at their actions; for whatsoever is pleasing in their own eyes, that they will do to any, as they have done to this true friend to his Countries Freedom. Therefore his bloud I will require at Colonel Whaley’s and Savage’s hand, because said Whaley I knew him two yeers before this time; and Savage knew he desired Justice on him when the troops charged him for dissenting at New-market; and other articles belonging thereunto; and now have they their desires on him.

And thus have I given you a briefe narrative of the cause of this murther, which was executed on him in Paul’s Church-yard, where were many hundred if not thousands, weeping eyes and shreking voyces lamenting so gallant a creature should lose his life. What he said to divers there and in his Coach coming to his execution is here inserted verbatim, or as far as can be remembred.

Mr. Shaw and Mr. Atkinson being come to Pauls, met with M. Lockier coming up Ludgate-hil with a strong guard of Souldiers of Col. Hewsons Regiment before and behind, and he with a friend or two in a Coach, to which they addressed themselves, and acquainted him with what had passed between them and the Generall; to which he answered, Dear friends, (he scarce knowing us) I am ready and willing to dye for my Country and Liberty, and I blesse God I am not afraid to look death in the face in this particular cause God hath called me to.

M. Atkinson.] After that I met him in the yard where he was to suffer, he said the same words, and to the same effect; and then the Guard driving all his friends away, and him, I could not hear what he said.

But I heard (getting to him through favour of an Officer) Colonel Okey to challenge him with untruth, in that he confessed before the Councell of War, that he was guilty of what was charged upon him in reference to mutinie, and now he denyed it: to which he answered that it was not so; Okey said it was, and he could produce many to witnesse the same. Edition: current; Page: [6-260b] Lockier replyed that he knew what he had said well enough, and that ever since he knew what it was to draw a sword he never intended any thing but meerly for the Priviledges and Liberties of the people, and in that he would live and die, and Major Swallow and others said something to him then which I did not hear, but Major Carter made up that discourse and said that it was convenient that this little time he had to spend, it was requisite that he spent it in the best way he thought meet and if he desired to retire himself he might, to which he replyed he did desire to retire himself in private, and that though he did doe or think nothing but what he would have every man to hear, for as his actions from the first to the last have been for publique good, he desired his death might be, and so he knew it would be: For God would make his bloud speak Liberty and Freedom to all England; And then he drew to the wall, and there prayed about a quarter of an houre, and after goes and makes water, and then comes and had discourse with many of the Officers, but what it was I could not well hear, but thus much I heard how he with a couragious and willing heart did undergoe what ever was laid upon him because it was in the behalfe of his Country.

Then I took him by the hand, and he began to say in this manner: friends here I am to suffer what it pleases God to lay upon me, and truly that for my Countreys good and how great a comfort this is to me I am not able to expresse, and therefore friends it is a good, sweet and comfortable thing for to serve God; for he hath set us in a condition to serve him, and given us a rule, and hath purchased for us not only Liberty and Freedom here through his Son, but peace and tranquility hereafter, and a meanes he hath set downe in his word, which we ought to take heed to; For in that he hath declared that Christ is sufficient for all our sinnes, and God would provide fully for all those that sought to God by him: it was not anything would commend us to God, but pure and undefiled actions in the sight of God through the power of Christ and his Word which I fully own and beleeve declared the same, unto which we do well to take heed; for if we will we may do well here and hereafter: here we must serve him in standing up for our Countries Liberties and Freedoms, & they will make much for hereafter, for if we do well we shall be well rewarded. Therefore my dear friends and fellow souldiers, I desire you all to serve God and love him, and honor him: And for me to pray as long as you see me live, that God would carry forth my heart as now you see me carried forth: to which I answered I am overjoyed M Lockier to hear such expressions come from you in which I saw so much Religion, as that it was for me a good pattern to learn by: and not take upon me to Edition: current; Page: [6-261a] instruct one so able as you are. Lockier said, The Lord stablish and strenthen you, and fit you for his work: And not onely you, but all my dear friends, to whom I desire you to commend me dearly; to and for whom I shall pray while I breathe, that God would enable them to stand up faithfully and couragiously for the good of their Country and Liberties: And I pray you let not this death of mine be a discouragement, but rather an incouragement; for never man died more comfortably then I do. And after he and I had embraced each other, he spake a few words to the Officers, and then he desired to speak with his Sister and Cousins, but what passed betwixt them I know not.

And then I heard not what he said to them; but from good hands of them that were close to him, he said thus, Fellow souldiers, I am here brought to suffer in behalf of the People of England, and for your Priviledges and Liberties, and such as in conscience you ought to own and stand to: But I perceive you are appointed by your Officers to murder me; and I did not think that you had had such heathenish and barbarous principles in you, as to obey your Officers in murthering of me, when I stand up for nothing but what is for your good. And then I heard Colonel Okey say, with other Officers, What, do you endeavour to make the souldiers mutinie? Martial, away with him: And setting him in the place where he was to suffer, he pulled off his loose Jacket, and Coat, and Belt, and gave them some to one, and some to another: and after that he went to prayer again in his shirt without his dublet, and after prayer he stood in the place of execution, and all this while, with abundance of courage and undauntedness; for when I desired him to put something upon his face and cover it, he thanked me for my love, but he said, his cause was so just, as that he feared not the face of death; and therefore he stood looking with a gallant courage in their faces, and then came up to the men that were to shoot him, which were six Musketiers, he lifted up his eyes to God, and desired that when he gave them a signe they should shoot, which was the lifting up of both his hands; and immediately he lifting up his hands, they all six shot off their Muskets, and so died this gallant Heart.

M. Watson.] I asked him how it was with him in relation to his eternall condition, and whether that which he had done was not out of passion? and told him that he was to depart this life, the hour of his death was very neer, therefore I desired him if any thing lay upon his Spirit that he would declare it to me; he replyed, I have been a servant to them a long time, and been faithfull, I am burdened in my Spirit because of their unjust proceedings, and for my condition at present, I praise God it is well with me, and I praise God out of obedience to God, I have served my Edition: current; Page: [6-261b] Country and for that I first ingaged, I little thought that they would have proceeded so harsh against me to single me from the rest of my fellows, the fault being one and the same, not that I am sorry that I am singled out by my self, for I am joyfull that I must dye to excuse them, but I see their aime is at my blood, and when they have it they may then be satisfied, though that will give them little satisfaction as to righteousnesse, yet I praise God I am fitted for it and have a witnesse from God that I have served my generation with uprightnesse so farre as I had understanding, and seeing God hath been so pleased to dispose of me, let it come and welcome, death is nothing, it stoppeth my progresse from sorrow to sorrow, I am sure I have a smiling conscience within me and the love of the Father made out to me through the Son, and for death I praise God I fear it not, and so dear friend I leave thee to the disposall of the Almighty hoping to meet thee in word, I meane in spirit, though now we are divided by death; I desire you would joyne in prayer with me, which we did.

Mr. Bunting told him, That he had heard very well of him, that he was an honest consciencious man, and that much of God appeared in him, for which he was glad; now he was appointed to die, it was good for him to make preparation, he having been one of the chief promoters of the late mutinie, which might have occasioned the shedding of much bloud, for which he was sentenced by the Councel of War to be shot; and said that the Councel was very tender in their dealing towards them, and that they desired not to shed bloud; though there were 14 more guilty, yet but him to die: however his intention might be good, yet a Mutinie being of such an high nature, could be adjudged no lesse then death.

Ans. Sir I am condemned, or brought here to dye, I bless my God I can freely submit unto it, having learned to look death in the face, hoping by the merits of the Lord Jesus to have life and salvation; I have done nothing whereof I am accused; I am sentenced as I think by their sixt Article to suffer. An Officer then stept in and said that he did before the Councel acknowledge that he was the chief of the mutinie; which mutinie deserved death: which presently was denied, saying that he was no more concerned then the rest, and for them to take away his life, was very partiall and unjust; but I pray God forgive them, and us all our sins; that it be not laid to their charge; I am sure their dealings with me is bloody for them to take away my life for a supposed crime, for that which might happen; besides I never went forth to uphold a Martiall Law to be executed in a time of peace, it being too cruel for any freeborn Englishman to live under: I went voluntarily forth being invited by declarations Edition: current; Page: [6-262a] of Parliament, to stand by them in the defence of the just rights and freedoms of this Nation, for which I have engaged my life, and for the freedoms and liberties of the people, I now suffer. An Officer steps in and said it was in your own choice you might have left the Army if you would, for why should you continue under the power of it and not to obey. Ans. I am sure I have been faithful I never betray’d my trust. Severall of the Officers desiring him to retire, if possible they might disturbe him, it may be he would be private, the time is but short, therefore think of death. I bless the Lord I can willingly submit to dye; he then withdrew for a while and prayed, and came again discoursing a little with the Officers; called for his Sister and Friends there, came to the Souldiers that were to shoot him, and said, I freely forgive you and all the world; I pray sister forgive them. I am sorry to see that you should be brought to obey your officers to murther me, for you stand as if you were the men appointed to murder me; I pray God forgive you I doe: Whereupon the Officers thrust him away, and said he would make a mutinie among the Souldiers take him away; so being not permitted to speak to them, they shot him, &c. saying they were sorry to see him dye so. A mutineer he lived, and so he died.

But as he was honorable in his life and at his Death; so he was as honorably buried to the trouble of many of his enemies, who could have been contented to have his memoriall to be buried in oblivion, that their wickednesse might not be had in remembrance: But I beleeve he did not so much offend them in his life, but his death shall be a greater terrour to them in crying for vengeance on their heads: the guilt of whose blood doth trouble many of them already as I hear: However he is gone to his grave in peace with confidence in Gods love tto him through Jesus Christ, where he shall rest in his grave and at last stand up in his Lott having his Portion amongst the Just, and crowned with the loving kindnesses and enjoyment of God.

To his Excellency Thomas Lord FAIRFAX Generall of the English Forces.

The humble addresses of divers well affected persons, in behalfe of all those that are under restraint or censure of the Councel of War, or Law-Martiall.

May it please your Excellency,

Forasmuch as the Petition of Right, and other the known Laws of the Land do expresly provide against the exercise of Martiall Law upon Souldiers or others in times of peace, all Courts of Justice being open, and that the deprivation of life thereby in such times hath been adjudged in Law no lesse then murther.

And forasmuch as yet have declared to all the world, That the Army under Your Excellency’s Command was not a meer mercinary Army, hired to serve the Arbitrary ends of a State; but that they took up arms in judgement and conscience, for your own and the Peoples just Rights, the principall whereof are contained in the foresaid Laws and Petition of Right.

And finding neverthelesse those our undoubted Liberties never more encroached upon by the Military power and Law-Martial, Souldiers and others of late being frequently seized, restrained and attacked to death, and to reproachfull punishments without any regard to the Law of the Land, and tryall of twelve sworne men of the neighbourhood: as is manifest in your present proceedings against Edition: current; Page: [6-262b] those Souldiers and others now under restraint, and censure of the Councell of war.

Hereupon we conceive our selves bound in conscience in behalf of the Liberties of the people of England to intreat and claim the benefit of those Liberties contained in the Petition of Right, and other the good Lawes of this Land: and that all persons now under restraint or censure of the Councel of War or Martiall Law, may be remitted to the tryall of twelve sworn men of the neighbourhood, and be proceeded against by due processe of Law; which I humbly conceive your Excellency and the whole army, are both by Law, and your many Declarations engaged to perform, and whereby only you will render your self acceptable to the present, and honorable to future Generations.

Aprill 27. 1649.

Robert Shaw

Thomas Moulson

George Atkinson

Thomas Hawes

Thomas Frisby

Walter Allen.

M. Robert Shaw and the rest went with this Petition, & after that came to White-hall, & there related to the prisoners what they had done in the business, & then M. Atkinson addressed himself, at M. Lockiers request to the Marshall General, & acquainted him with the particular carriage in the business how they had drawn up a Petition to the General, and did desire he would stay till they had an Answer. He replyed, that if so, they should wait upon the Generall for an answer, and meet him at Pauls, for there he was appointed to suffer. And to that end Mr. Shaw, Mr. Atkinson and others went to the Generall, whom they found at Grays Inn in Sir Thomas Withringtons Lodgings, and with much adoe were admitted to speak with him: Unto whom Mr. Atkins spake to this effect; May it please your Excellency, We are come in the behalf of a poor distressed man that is appointed this day, and almost ready to die: in whose behalf we only desire your Excellency be pleased to pardon, or but to reprieve him till tomorrow. And we are the rather incouraged thereunto by Reason of your wonted mercy in this particular. To whom he replyed, You come here about the saving of a souldier, who is already condemned by the Councell of Officers under me, and for a great crime of mutinie, wherein were ingaged many more besides him, at least 15; and I think, in such a high businesse as this is, you never knew a Generall to pardon so many as I have done; and now he is to suffer by course of Martiall Law, and it being past, it cannot be recall’d. To which we answered, Your Excellency hath shewen much mercy to poor men in the like nature, that did deserve more to die then he did: Therefore we were imboldened to sue to your Excellency for him, to which he answered, That he conceived he deserved to suffer as he did, and that it did behove us, if we were his friends, to prepare him for another world; and not to do as we do, to countenance him in any thing that is not regular nor safe; for he had like to have made a great fraction in the City and Army, and for that he is to die, and it lies not in my power to preserve him. Then we did beseech his Excellency to reprieve him but till to-morrow: but he would not condescend to neither. And so much passed to this effect, but nothing at all obtained from him.

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Iohn Lilburn

Lilburn, Iohn

Richard Overton

Overton, Richard

April 27. 1649

London

The Copy of a Letter written to the Generall, from Lieut. Col. Jo. Lilburn and M. Rich. Overton, Arbitrary and Aristocratical prisoners in the Tower of London, the 27 of April 1649, in behalf of Mr. Robert Lockier, tyrannically ordered to be murdered by the pretence of Martiall Law by the Councel of War at White-Hall: M. George Ash, M. Joseph Hockley, M. Robert Osburn, Mr. Matth. Heyworth, Mr. Tho. Goodwin, all of Captain Savage his Troop in Col. Whaley’s Regiment; who by the said Councel were adjudged to cast lots for their lives, and one of them to die.

In which it is by Law fully proved, That it is both Treason and Murder, for any General or Councel of War to execute any Souldier in time of Peace, by Martial Law.

May it please your Excellency,

WEe have not yet forgot your Solemn Engagement of June 5. 1647, whereby the Armies continuance as an Army was in no wise by the will of the State, but by their owne mutuall Agreement: and if their standing were removed from one Foundation to another (as is undeniable) then with the same they removed from one Authority to anoother; and the Ligaments and Bonds of the first were all dissolved, and gave place to the Second; and under, and from the head of their first Station, viz. By the will of the State, the Army derived their Government by Martiall Law; which in Judgment and Reason could be no longer binding then the Authority (which gave being thereto) was binding to the Army: for the denyal of the authority is an Abrogation and Nulment of all Acts, Orders, or Ordinances by that Authority, as to them: And upon this account your Excellency with the Army long proceeded upon the Constitution of a new Councell and Government, contrary to all Martiall Law and Discipline, by whom only the Army engaged to be ordered in their prosecution of the ends, to wit, Their severall Rights both as Souldiers and Commoners, for which they associated; Declaring, agreeing, and promising each other, not to Disband, Divide, or suffer themselves to be Disbanded or Divided, without satisfaction, and security, in relation to their Grievances and desires in behalfe of themselves and the Common-wealth, as would be agreed unto by their Councel of Agitators. And by vertue, & under color of this Establishment, all the extraordinary Actions by your Excellency, your Officers, and the Army have past: Your refusall to Disband, disputing the Orders of Parliament; Impeachment and ejection of Eleven Members; your First and Second March up to London; your late violent Exclusion of the major part of Members out of the House, and their imprisonment without Cause declared, &c. which can no way be justified from the guilt of high Treason, but in the accomplishment of a righteous end, viz. The enjoyment of the benefit of our Laws and Liberties, which we hoped long ere this to have enjoyed from your hands: Yet when we consider, and herewith compare many of your late carriages both towards the Souldiery and other Free-People; and principally your cruell exercise of Martiall Law, even to the Sentence and execution of Death upon such of your Souldiers as stand for the Rights of that Engagement, &c. And not only so, but against others not of the Army; we cannot but look upon your Defection and Apostacy in such dealings, as of most dangerous consequence to all the Lawes and Freedoms of the People.

And therefore, although there had never been any such solemn Engagement by the Army, as that of June 5. 1647. which with your Excellency in point of duty and conscience ought not to be of the meanest obligation, We do protest against your Exercise of Martial Law, against any whomsoever, in times of Peace, where all Courts of Justice are open, as the greatest Edition: current; Page: [6-263b] encroachment upon out Lawes and Liberties that can be acted against us; And particularly against the Trial of the Souldiers of Captain Savage’s Troop yesterday, by a Court Martiall, upon the barbarous Articles of Warre, and sentencing of two of them to death; and for no other end (as we understand) but for some dispute about their pay: And the reason of this our Protestation, is from the Petition of Right, made in the third yeer of the late King, which declareth, That no person ought to be judged by Law Martiall, except in times of Warre; And that all Commissions to execute Martiall Law in times of Peace, are contrary to the Lawes and Statutes of the Land. And it was the Parliaments complaint, That Martial Law was then commanded to be executed upon Souldiers for Robbery, Mutiny, or Murder. Which Petition of Right, this present Parliament in their late Declarations of the 9. of Feb. and the 17 of March 1648, commend, as the most excellent Law in England, and there promise to preserve inviolably, it, and all other the fundamentall Laws and Liberties, concerning the preservation of the Lives, Properties and Liberties of the People, with all things incident thereunto. And the Exercise of Martiall Law in Ireland, in time of Peace, was one of the chiefest Articles for which the Earl of Strafford lost his head; as appears Article 1, in the case of the Lord Mount-Norris (yet alive:) the same by this present Parliament being judged high Treason. And the Parliament it self, neither by Act nor Ordinance, can justly or warrantably destroy the fundamental Liberties and Principles of the Common Law of England: It being a maxime in Law and Reason both, That all such Acts and Ordinances are ipso facto null and void in Law, and bind not at all, but ought to be resisted and stood against to the death. And if the supreme Authority may not presume to do this, much lesse may You, or Your Officers presume therupon; for where remedy may be had by an ordinary course in Law, the party grieved shall never have his recourse to extraordinarie. Whence it is evident, That it is the undoubted Right of every Englishman (Souldier or other) that he should be punishable onely in the ordinary Courts of Justice, according to the Laws and Statutes of the Realm in the time of Peace, as now it is (there being no declared enemy in arms either in field or garrison ready to destroy the Nation with fire and sword, and by their fury and power stop or dam up the ordinary administration of the Law) and the extraordinary way by Court Martiall, in no wise to be used.

Yea, the Parliaments Oracle, Sr. Ed. Cook Declares in the third part of his Institutes Cap. of Murther, fol. 52. that for a General or other Officers of an Army in time of Peace to put any man, (although a Souldier,) to death, by colour of Martiall Law, it is absolute murther in that Generall, or Councel of War, &c. Because, saith he, this is against Magna Charta, ch. 29. and is done by such power and strength as the party cannot defend himself: and here the Law implyeth malic; vide Pasch. 14 fol 3. in Scatcario, The Abbot of Ramsey’s Case, in a Writ of Errour, in part abridged by Fitzh. tit. Scire fac. 112 for time of peace. Thomas Earl of Lancaster being taken in an open Insurrection, was by judgment of Martial Law put to death: in anno 14. Ed. 4. this was adjudged to be unlawfull, because (saith he) he was not arraigned or put to answer in the time of peace; and because the Chancery, and all other Courts of the Kings were then open; in which Law was done to every man, as it wont to be; and that against the Charter of Liberties, because the said Thomas being a Peer and Noble of the Kingdom, should not be imprisoned, nor should the same King passe Sentence upon him, but by the lawfull judgment of his Peers: yet in the time of peace, and without Arraignment or Answer, or lawful Judgment of his Peers, he was adjudged to death. Therefore erecting of Martiall Law now, when all Courts of Justice are open, and stopping the free current of Law, which sufficiently provides for the punishment of Souldiers as well as others (as appears by 13: H. 6: Ch. 18, 19. and 2, & 3 Ed. 6. Ch. 2. 4. & 5. P. & M. Ch. 3. & 5. Eliz. 5. & 1. Jam. 25.) is an absolute destroying of our Fundamentall Liberties, and the razing of the Foundation of the Common Law of England; the which out of duty and Conscience to the Rights and Freedoms of this Nation (which we value above our lives) and to leave you and all Your Councell without all excuse, we are moved to present unto your Edition: current; Page: [6-264] Excellencie; Earnestly pressing you, well to consider what you doe, before you proceed to the taking away the lives of those men by Martiall Law; least the blood of the Innocent, or the blood of War shed in the time of peace (and so palpable subversion of the Laws and Liberties of England) bring the reward of just vengeance after it upon you, as it did upon Joab the Son of Zerviah, 1 King. 2. ver. 28, 29, 30, 31, 32, 33. and the Earl of Strafford: for innocent blood God will not pardon, Gen. 9. 5, 6. and Rev. 13. 10. and which cannot be expiated but by the bloud of him that shed it, Numb. 35. 33. Deut. 19. 11, 12, 13. and 2 Sam. 11. 12. and 1 King. 21. 19. and 2 King. 9. 7, 8. 9, 10, 26, 33, 36, 37. and chap. 24. 2, 3, 4. and what the people may do (in case of such violent subversion of their Rights) we shall leave to your Excellency to judge, and remain

Sir,
Your Excellencies most watchful observers

Iohn Lilburn.

Richard Overton.

From our Causelesse, unjust, and
Tyranical Captivity in the Tower
of London,

April 27. 1649

.

The Postscript to the Reader.

Dear Countryman,

WE desire thee to take notice, that M. Robert Shaw, M. Thomas Moulson, M. George Atkinson, M. Thomas Harris, M. Thomas Frisby, and M. Walter Allen, delivered a Petition to the Generalls own hands, to the effect of this Letter, divers houres before the execution of the foresaid gallant and honest M. Robert Lockier; which Petition and the Generals answer, you may at large read in the 3 and 4 pages of the Book called the Armyes Martyr: But nothing would satisfie the Generall but his innocent bloud; and therfore according to the Law of his will, he caused him to be murthered or shot to death in Pauls Church-yard; for whose innocent blood, both by the Law of God and the Kingdome the Generals ought to go without mercy or compassion; and not only his but also all the rest of his Judges and Executioners, for which by the Law of England they are indictable (by any honest English man) in the County where the murther was committed. And that this Act in shooting precious Master Lockier to death, is not only willfull murther in the eye of the law of England, but also Treason, is plainly and undeniably proved, in C. Iohn Ingrams plea, M. Wil. Tompsons plea, and M. Io. Crosmans plea, all of which are printed at large in Lieutenant Col. Iohn Lilburns Book, Printed, Feb, 1647. and called, The Peoples Prerogative, pag. 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56. And also in his additions to his second Edition of his Book called, The Picture of the Councell of State: And therefore let us tell the Generall. It may prove in time a vaine thing to him and his officers to protect themselves with their swords from the due course and proceedings of Law; least the people come to preach the same doctrine to the Generall and his Tyrannicall officers, that their darling friend the present Lord Chief Justice St. Iohn preached to the Earl of Strafford in the latter end of his Argument of Law Printed for John Battles, and made against him when he was upon his Tryall, whose words are these, That he in vaine calls for the help of the Law, that walks contrary unto Law, and from the Law of life for life; he that would not have others to have law, why should he have any himselfe? why should not that be done unto him, which he himselfe would have done to another? It is truth saith he, we give law to Hares and Deer, because they be Beasts of Chase; but it was never accompted either cruelty or foule play to knock Foxes or Wolves on the head as often as they can be found, because they be beasts of prey; The warrenner sets traps for Polecats and other vermine for the preservation of the warren,

Tower,

May, 4, 1649.

John Lilburn.

Richard Overton

FINIS.

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Oliver Cromwell

Cromwell, Oliver

14 May 1649

[13]

6.13. Oliver Cromwell, The Declaration of Lieutenant Generall Crumwel Concerning the Levellers (London, n.p., 14 May 1649).

Source

Oliver Cromwell, The Declaration of Lieutenant Generall Crumwel Concerning the Levellers; and His Letter and Representation to the Agitators of the respective Regiments who have deserted and declared against the Parliament, the Councell of State, and the late proceedings of the High Court of Justice. With the Declaration, Resolution, and Proposals of the said Levellers, presented to the view of the World, intimating the Grounds and Reasons of their Engagement, and to die as one man with their swords in their hands, rather then to be inslaved. Also, Two Fights between the Levellers and the parliamenteers, neer Worcester and Banbury, the particulars thereof, and the number killed; with the Levellers Summons to the City of Coventry. Imprinted at London, for G.H., May 14. 1649. (London, n.p., 14 May 1649).

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THE DECLARATION Of Lieut-General CRUMWEL Concerning The Levellers; and the particulars of a Fight neere Banbury, and the City of Worcester; With the Levellers Summons to the City of Coventry.

Right Honoured,

THis morning his Excellency the Lord Generall Fairfax, and Lieutenant General Crumwell, randezvouzed with their Horse and Foot neer Andover, where the Lieu. Gen. rode to the head of each Regiment, declaring. That He was resolved to live and die with them, and that as he had often engaged with them against the common Enemy of this Nation, so was Edition: current; Page: [6-268a] he resolved still to persist therein, against those Revolters which are now called by the name of Levellers; not doubting but that they would as one man unite, and with unanimous spirits follow him, for the subduing of them, and bringing the chief Ring-leaders thereof to exemplary punishment.

Many declared a great willingnesse to engage with him: Others rejected it, saying, they would not fight against their friends: But they are now upon their march towards Salisbury, for the reducing and bringing of those Regiments to obedience and subjection that have declared against them: from whence wee hear, that they are resolved rather to die, then yeeld to any thing which shall infringe their liberty, or pervert the freedom of their Nativity.

Many of the said party have agreed upon a Declaration, containing these ensning heads: First, they declare against the present Parl. and their proceedings. 2 Against the Councell of State. 3 Against the Generall Councell of the Army. And 4. against the proceedings of the late Court of Justice Their chief Ring leader is one Capt. Tompson, who was formerly condemned by a Councell of War to be hanged, but by the goodnesse and compassion of the Lord Gen. he was spared: this is the man who draws all men after him, his number is conceived to be about 400. and in his march up and down hee daily gains new Proselites to him: On Wednesday last he marcht to Coventry, where he found resistance, and the Gate shut against him demanded of the Gates were so holy that he might not enter;) and after the exchange of two or three Vollies, he left the place, and marched thence to Tossiter, Edition: current; Page: [6-268b] where coming in very late at night, he seized upon captain Farmer the Post master there, who, after they had carryed him as a prisoner up and down with them, they were content to release him upon his Parol to come up to London to the Councel of State, to procure the release of three of their Brethren, who were taken posting up of their papers about Banbury; if he could not procure this he was to return as their prisoner to Banbury.

Some blows have been already disputed neer Banbury between 100 of the Lord Gen. horse, and 200 of the Levellers, and after a sharp conflict, the Levellers declining engagement, retreated towards Oxford, but no great harm done on either side: there is a body of horse about Oxford ready to joyn with them, commanded by Mr. Everard, after uniting, its said they intend Westward.

Some difference hath also been in the City of Worcester and the Levellers who had entred the City forced to retreat out again with the losse of five men: the Generall and the Lieutenant Generall hath sent a Letter to the Agitators and Commanders in chief of the said party, for preventing of the effusion of bloud, and healing of the present breach, and quenching those flames of Discord, which are ready to break forth in severall parts of this Nation; and its hoped a happy & mutuall reconciliation will be embraced, before the involving and shedding of any more bloud within the Bowels of this Nation.

Andover

12 May, 1649.

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SIR,

IN the middest of all our calamities and distractions, great are the differences in these parts; new coles are even now kindling, and the turbulent spirits and affections of men begin to break forth in a most violent and visible flame; for the common people flight the authority of Magistracy, and say they will no longer walk under the vail and shadow of reformation, but endeavour the speedy reforming thereof; and in order thereunto, many have declared, that they will joyn with the Levellers, for the restauration of the peoples freedoms to its just splendor and propriety, &c. The foundation whereof, takes its first Rise from the present actings of certain troopers in this county, who have declared, and remonstrated to the people, That the present transaction of affaires, are both arbytrary and tyrannicall, and that they will have a new Parliament, in the dissolving whereof, an equall Representative shall be freely chosen and elected: But it is hoped that all these vapours will be soon expelled & blown over: For some discoveries are already made, That they had a design to surprize the Cities of Yorke, Oxford, Bristol, Gloucester, and many other places in the VVest of England, and that they had an intent to draw into a body and randezvouz, where they resolved to set up a standard of Sea-green Colours; they declare, that they have a great influence in divers Regiments of the Army; but care is taken to prevent their Designs, and it is not doubted but the well affected of Col. Scroops Regiment, Col. Harrisons, and divers others wherein they bussle, will be undeceived, for many thousands have declared against their present actings, and are resolved to sacrifice Edition: current; Page: [6-269b] lives and fortunes for the Parliament against all opposition whatsoever.

But yet notwithstanding all opposition, they are resolved to proceed, and to insist upon further particulars, a breviate whereof I shall here insert, according to the full demonstration thereof, viz.

How happy were England were mens designs of enslaving here at an end, how gladly should we here break off, and praise the Lord for his goodnesse to England? but alas the peoples hearts, are full of grief, and their eyes are full of teares, as ever, they cry out, they are deceived, their expectations is frustrated, and their liberty betrayed; they take up Davids complaint it is not an open enemy that enslaves them, not damme Cavaliers, nor rigid envious and surly Presbyters, but Religious and Godly friends, that have prayed, declared and fought together for freedom with them, that with their swords have cut in sunder the chaines of other Tyrants, and yet now are become the greatest Tyrants over their brethren themselves, which when they can refrain from sighing & sobbing, they in their broken and rustick language thus expatiates: all the form of Government being corrupted and abused, the Law and administration perverted, and the peoples liberties, betrayed; it was promised that a new foundation should be layd by an agreement of the people, to such righteous Principles of Justice and common right, that as to human reason it should be impossib for any Tyrants in this or future generations to introduce bondage upon the people.

Proclamation hath been lately made in the name of the Levellers, throughout the Counties of Oxford, Gloucester, Edition: current; Page: [6-270] Worcester, &c. for all free born people to come in to their assistance; the disgestion whereof is very hard, & few have little appetite to that engagement.

Abbington

12 May, 1649.

The Levellers new and ultimate proposals.

First, That honesty is the best policy: the deep plots and witty contrivances of men in power, when inconsistent with the will of God, requiring them to do Judgement and Justice, and to take the yolks from the oppressed, have alway been abortive, for God will not be mocked; and experience tels us, that self-seekers though otherwise Godly and gallant men, yet are and shalbe saved as by fire; witnesse many worthy members of Parliament, who endeavouring by a Treaty to secure themselves, are by the Lord with disgrace laid aside; hee thereby no doubt intending much good to their soules, Fœlix quem paciunt aliena pericula cautum, he is a happy man that takes warning by other mens harms.

Secondly, Carnal mixtures with corrupt interests, are destructive to them that make them.

FINIS.

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Humphrey Brooke

Brooke, Humphrey

28 May 1649

[14]

6.14. [Humphrey Brooke], The Charity of Church-men (n.p., 28 May 1649).

Source

[Humphrey Brooke], The Charity of Church-men: or, A Vindication of Mr. William Walwyn Merchant, from the aspersions plentifully cast upon him in a Pamphlet, Intituled, Walwyn’s Wiles. By H.B. Med. a friend to Truth, his Country and Mr. Walwyn. London, Printed by H. Hils, and are to be sold by W. Larnar, at the sign of the Blackmore, near Bishops-gate. 1669. (n.p., 28 May 1649).

Edition: current; Page: [6-272] Edition: current; Page: [6-273]

THE CHARITY OF CHURCH-MEN

OR,

A VINDICATION OF Mr. William Walwyn Merchant, from the aspersions plentifully cast upon him in a Pamphlet, Intituled,

WALWYN’S WILES.

By H. B. Med. a friend to Truth, his Country and Mr. Walwyn. Prov. 29. 26. Many seek the Rulers favour, but every mans judgement commeth of the Lord. Mark 3.6. And the Pharisees de-parted, and straightway gathered a Councell with the Herodians against him, that they might destroy him. Luke 23.2. And they began to accuse him, saying, we have found this man perverting the Nation. 2 Tim. 3. 9. But they shall proceed no further, for their folly shall be manifest to all men, as theirs also was.

LONDON,

Printed by H. Hils, and are to be sold by W. Larnar, at the sign of the Blackmore, near Bishops-gate.

M. DC. XLIX.

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The Charity of Church-men.

THE WORLD cannot choose but take notice, of a strangely malitious and scandalous Pamphlet, Intituled, (Walwyns Wiles, &c.) the particular slanders whereof, though heretofore privately, yet industriously disperst, accompanied with many more of a lighter nature, but more easily discoverable, which are therefore in this book left out, yet have the pollitick Authors not thought fit to collect and publish the same, till they knew Mr Walwyn was much straitned from the means and opportunity of Vindicating himself; and till they judged by such slanders, they should render him odious to all Religious people, and so fit him for that destruction, they do secretly, but most laboriously endeavour to bring upon him.

He has been hitherto silent, and when importuned to clear himself; he has argued, That it was not the way of Christ or his Apostles; that we read of no Apologies of theirs, though in the same manner with himselfe, but in a more plentifull measure loaded with obloquies and reproaches: That the best use he could make of such hard speeches, was to be more circumspect in his waies, and not to deviate from the path of righteousnesse, that so by the innocence of his life, and unblamablenesse of his conversation, he might give check to such rumours and evil reports. That he knew very well what was the root from whence such bitter fruits proceeded: viz. his engageing for the people, and discovering a resolution in himself to persevere in the same. Indeed neither he nor his friends did ever thinke they would have proceeded so far in these crosse and rugged paths, as to prosecute him to the very death; for who could but suppose that either the precepts of Christianity that are in direct opposition to such courses, or at least (if nothing else is prevalent with them) that the outward reputation of their Religion would have restrained them. But when once the innocent and harmelesse path is forsaken, whether then? but into a sea of evil, where one bad action necessarily drawes on another; and one injustice enforces the committing of another, for support and protection of the first? When Religious men become spies, and make use of friendship to betray; when they shall hunt their Brethren like Partridges, ransack their whole lives, insinuate themselves into their acquaintance purposely to ensnare them, and justifie themselves in so doing: wrest mens sayings to the worst, forge and fix upon them things of greatest antipathy to their spirits; what is this but to blast the name of Christianity, and the profession of Religion, and to make it evil spoken of all the world over? yet this hath been the practice of the Edition: current; Page: [6-275] Authors of that Pamphlet towards Mr. Walwyn, who has patiently bore all hitherto, and is now undergoing the highest proof of his vertue (which his Adversaries make his crime and disadvantage) and of his Christian fortitude (with which I well know he is amply endowed) as in these latter times I thinke any man has undergon. They have seasoned this project of theirs to the purpose, took a course for restraining him, and then they revile him; knowing well that other men, though of never so great acquaintance and intimacy with him, cannot so clearly discover the mistakes and fallacious delivery of those speeches that are fathered upon him, as he himself could.

However I judge my selfe bound to do my best (though weak) indeavour for his Vindication, out of my hearty respects to that Innocency and reall Goodnesse that is so visible in his life and conversation, as one would thinke should answer all objections.

Indeed I judge that Pamphlet more properly a designe, then a discourse; the politick contrivance (most of it) of other kind of adversaries then have subscribed their names to it, for that the end cannot be out of conscience to prevent the perversion of honest men, for then they would have published it when those speeches are pretended to be spoken; but to fit the people to bear his destruction patiently, and to make him (if possible) so odious as that they may cry out for it themselves, and urge, as the deluded Jews did against Paul, away with him, ’tis not fit such a man should live upon the Earth.

And that which the more confirmes me therein is, because one maine drift of the book is to take off the People from complaining of their Burdens and pressures, and rendring all them as suspitious of some dangerous designe, that shall give advice for the doing thereof; fixing an evil sence upon all the motions of theirs to that end, especially upon such as give them Councel, or are most able amongst them, to thinke of wayes and means for getting relief, or deliverance. Now because Mr. Walwyn has been alwayes a ready friend to all sorts of people unjustly suffering in any kind; and is stil putting such as are in Authority in remembrance of their duty, and has been a most unwearied solicitour these 8. years, for the just rights and liberties of People: hence is it that as heretofore he was made the marke of badmens displeasure: so even now, when we hope to see better times, is become the common Butt against which all harsh censures are directed; and all this to over-awe mens spirits, and, by frighting him and others from doing their duties, make them submit to any yoaks that shall be brought upon them.

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Henceforward to Petition will be rendred a matter dangerous to the State, and he that shall set himself to frame and manage such things, may in like manner as Mr. Walwyn, be said to insinuate into, and mislead the people, to study their tempers and complexions, the qualifications of their spirits, their humours and passionate inclinations, their externall quality and estate, purposely to deceive them: he that shall urge the pressures and excessive burthens we groane under, and insist upon the causes and remedies thereof, must by this way of judging, be a seditious person, an incenser of the people against Authority; a politick perverter of man-kind, which is such a machiavilian way of stopping our mouthes and making us stoop under every yoak that may be laid upon us, as no sort of men hitherto arrived unto.

’Tis well the Author of that Pamphlet and his accomplices are so wel pleased with the present sad and deplorable condition of the Commonwealth: the world goes wel with them it seems, so they enjoy the eare and favour of Authority; and have faire hopes of advancing such of themselves as are not already advanced into places of profit; what care they though the poor starve, though all kinds of oppression be trebled and centupled upon the Commonwealth: the fish is caught and therefore away with the nets, there must be Tyranny (so they now argue) and why not in these rather then in any else? changes are dangerous, and in time all that is desirable shall be established; and therefore let us as it becomes Christians, waite with patience upon Authority and see what they will doe: Thus they perswade most to a yeilding contentfull submission to the yoak, who once taken off, are ingaged for justification of themselves, to plead and argue against those who see through the subtiltie of such deceptions, and continue notwithstanding all hazards, watchful and industrious as wel to manifest and bring to light what is behooful, as to discover what is pernitious to their Country.

’Gainst such as these, what means more effectuall then scandals? and what scandals more odious then Atheism and Communitie? By the first, all that are religious are incens’d, by the last, all that are rich. And though the whole progresse of Mr Walwyns life and conversation doth clearly evince the false imputation both of the one and the other; yet having happily scattered in familiar discourses, some words, that by the extremity of wresting and mis-application, for want of observation of the coherence, by taking a piece only, or part of his speech; all which, such as came purposely Edition: current; Page: [6-277] to betray, must needs be supposed to be very much inclin’d unto; ’tis no wonder, if in so many years watching and way-laying him, some words be not gathered, which in a perverted sense may look that way.

Our blessed Saviour, notwithstanding the Divinity of his Nature, was frequently so mis-apprehended; and though his design in this world was only to do good, and die for mankind, yet was he rendred by the policies of the Jews, a Subverter of the Law, an enemy to Moses and Cesar: When a liberty shall be taken to scrutiny and comment upon other mens lives, and to judge of their ends and intentions, what man of parts and businesse in the world, but may be rendred odious? Who is there but may have such a glosse put upon his actions, as to make him appear a man of wicked designs? ’Tis a course, indeed, that if we should retaliate in the like kind, would in time heighten us to the extremest acts of violence one towards another, and beget everlasting feuds and enmity amongst us. If they suppose we want matter; we answer, that ’tis not good for them to trust to it, for we have a Bedrole of such enormities in some of the chief of them, that had we not great respects to peace, and reluctancy within us to discover the weaknesses of other men, we could make them ashamed of themselves: But suppose we did want matter, we answer, so also do they; and we, as well as they, may make it, and no lesse plausibly: If we would take upon us to judge Mr John Goodwin, might we not say, he is a Timeserver, and visibly so? That his Doctrines are contradictory, not framed by the Line of Truth, but the probability of successe in each Party? That therfore when there was hopes of the Kings Restauration, he argued him to be unaccountable to any earthly Tribunall, and, as the consecrated corn, to be cut only by the hand of God: That he abhorred both the Jesuiticall Doctrine and Practice of taking away Kings; and yet afterwards, when the hopes of his return was over, and that he knew not only the prosecution of his Person, but also an abolition of the Kingly Office intended; who then became a more stout Arguer for the same then he? And though these things in a candid sense may be said to proceed from a further discussion and consideration of the point, and the appearance of light in him, yet allowing every man the liberty that the Author of the Pamphlet takes: how easie is it to fix such a censure upon him?

So in like manner Mr Goodwin having said, That no Translation of the Bible, nor yet no Copy in the Originall Languages, can be Edition: current; Page: [6-278] truly called the Word of God: how clearly does it follow, that then we have no Word of God amongst us, since we have nothing that can in any sense be called Gods Word, but either the Copies or Translations, the Originall being kept from us? Neither doth he, when he comes to explain himself, much mend the matter, since the spirituall sense, and Divine interpretation, which only in his judgment deserves the name of Gods Word, is divers in every man, and that opinion the way to make our apprehensions the Judge of the Scriptures, and not the Scriptures the rule of our apprehensions. Hereupon, if, as the Author of the Pamphlet, a man may take liberty to assert, that when those things were spoken, it was Mr J. Goodwins intention, to subvert the very Foundations of other Divines, and of the Scriptures themselves, because the Liberty of Conscience was then denied him; how obvious would the inference be? And though he hath since evinced the Divine Authority of the Scriptures in writing, yet since Mr Walwyn hath done the like, and never said so much, nor so clearly to the contrary: what reason is there, but that he may stand as fair in the opinion of mankind, as Mr John Goodwin in that point?

For the scandalous speeches that in the Book are Fathered upon Mr Walwyn, though I cannot expressly and circumstantially manifest, that they are all false and forged, yet for the chief of them, which are of the foulest savour, I shall: For the rest, I shall either passe them over, and leave them to Mr Walwyn’s own confutation; or from my knowledge of his opposite judgment in the particulars, evince the improbability of his ever speaking them.

For the first, ’tis thus far true, That Mr Walwyn, and a Member of Mr Goodwin’s Congregation, together with my self, did upon a Fast day (as it hath been the usuall manner of many of his Members) (an eie witnesse may speak it, and as Mr John Price’s Pulpit Incendiary doth abundantly evidence) go to hear Mr Cranford, and some others, it being the time when the contests about Conformity and Toleration were very high: ’Tis likewise true, that we did all agree, comming afterwards home to Mr Walwyns, that the Ministers did generally spend their time either upon uselesse subjects, such as did little tend to edification; or about advancing their own interests and reputation with the people; and that Gentleman was as forward in such expressions as we. ’Tis true, that Lucian was taken off a shelf either by me, or Mr Walwyn, I can’t say which, and that we read one of his Dialogues, which was the Tyrant, or Megapenthes; and afterwards commended it as very Edition: current; Page: [6-279] usefull in the time he lived; when by setting forth the foulnesse and deformity of Tyrannie in a third person, he informed the people of the wickednesse of such under whom they lived: but that any comparison was made between that and the Bible, is as false as in it self ridiculous.

’Tis at least 4 or 5 years that the Gentleman hath charg’d his memory with this, in all which time, his hatred and enmity against Mr Walwyn being in its growth, (for he is of the Councel and Faction) ’tis no wonder if he be biass’d thereby to find that which he came purposely to look for, whether it were really there, or no.

Besides, Mr Walwyn prefer’d Lucian (as the Pamphlet saies) for wit, before the Bible: ’Tis well known, that Mr Walwyn hath the lowest esteem of wit that may be, counting it the lightest, volatile and superficiall part of a man, whence his observation is, that commonly those that have most wit, have most wickednesse: He distinguishes between Wit and Wisdom, and prizes only the latter, as of reall behoof and benefit to mankind, it being that, which through the concomitant blessing of the Almighty, bears a man through all the straits and exigencies of this life: whereas Wit is but the exuberance of light and unsteady minds, which since he in all other matters dislikes, for the truth whereof, I appeal to all that know him: What ground is there for the least supposall that he should for that prefer Lucian before the Bible?

For his opinion concerning Hell, ’tis clearly thus: Though he judges every wicked man to have, intus Gehennam, a Hell in his own Conscience, as on the contrary, every good man to have the Kingdom of God within him, yet upon strict search, which we together have made into the Scripture, we have concluded, that there is another Hel succeeding judgment, convinced by those places of Scripture, Psal. 6. 8. Mat. 25. 4.1. 2 Thess. c.1. So that the mistake is, that because he said, there is Hel within man, therfore he concludes, there’s none without him: And though it seems contrary to reason, that a man should be punished everlastingly for a little sinning in this world, in which sense only he spoke it: yet have we both submitted our Reasons to Gods Word, the places fore mentioned being expresse for the same.

For Books of Morality and History, though Mr Walwyn gives them their due esteem, and judges that the peoples reading them would very much advance their knowledge, and enable them to preserve themselves in freedom, by seeing through the policies of bad men and their many sleights by which they abuse and enslave Edition: current; Page: [6-280] the people which are plentifully described in those Books: And thus far the Author speaks truth of him. Yet hath Mr Walwyn never elevated them beyond their proper sphere, or desert, nor made comparisons between them, and that Book which he ever hath accounted, the Book of Books, and truly deserving the name of Bible, or the Book, in comparison to which, all others, though good and usefull in themselves, do not yet deserve any esteem: This I do as truly know to be his judgment in this particular, as I know ’tis day when the Sun shines amongst us.

That he hath blamed the simple practice of this Nation, in bringing up their Children to learn Latin and Originall Languages, is most false, but that he hath and doth condemn the tedious and tiresome way that is taken in doing the same, is most true, his judgment in this particular being, that Children may be taught Latin, Greek and Hebrew, in a fourth part of the time that is now spent therein, and that purposely for the gain of the Schoolmaster.

It is as true, that he dislikes in the education of Children, that the Languages only are proposed, and not the principles of Divinity, and the precepts of Morality, in such a manner, as that their understandings may be possessed therewith, whereby they may be made both religious and true Common-wealths-men. And that also some Art, Mechanick or Manufacture, be taught according as their genius and disposition of body shall encline them, that so they may be both able to provide for themselves, and serviceable to the Common-wealth.

How easie in these particulars it is for other men to mistake him, that continually lie upon the catch, and are ready to interpret every thing he speaks to the worst, let the world judge. And consider likewise, how exceedingly it doth mis-become those that professe Christianity, especially a more pure and refined way then other men, to lie lurking privily to destroy the innocent. That the Scribes, Pharisees and Lawyers should ask questions, and insinuate themselves into good mens company to betray them, is no wonder: but that it should be done, and professedly done by such as would be thought of a near relation to God, such as separate from others because they will not have a profane person among them, doth to my understanding call in question the sincerity of their assembling, and import the end thereof to be, not the edification one of another, but the undermining of all other men and waies, that are in any opposition to them. I speak not this of the generality of the Members, who questionlesse have good and Religious ends in Edition: current; Page: [6-281] congregating together; but of that Vestry or Conclave of them, that sit as Judges of every mans fame and reputation, and have for that purpose their Emissaries to bring them in matter to raise Batteries against any mans good name, they would make hatefull: They have indeed too exactly learned Machiavel’s rule, to spare not to scandalize and traduce their adversaries, for that though some of the dirt may be wiped off, yet part of it will stick, and they shall be sure not altogether to lose their labours.

Where by the way, let every good man consider, whether their mixing with other men, under the notion of Friends, their getting into familiar acquaintance, eating and drinking together, and all this to betray, be not like Judas, kissing our Saviour, and in effect the dissolving of all society and friendship: For how should I, or any man know, but that every man, though seemingly a bosome Friend, is indeed a Traitor? How can this choose but take away the sweetnesse of friendship, and make us every one jealous one of another? Seriously I think they could not have done an action so discordant to Religion, nor of so evil consequence to mankind.

For the Objection in the generall, That Mr Walwyn labours, and makes it his main businesse to bring people out of love with Religion and the Scriptures, is a thing in it self so absurd, as I think nothing can be more; For what can be the end of a man in doing so? And certainly every wise mans actions are directed to some end: What would mens Atheism advantage him, since ’tis clear as day, and all his endeavours manifest it, that he strives to have every man good? And since he knows, that Religion doth restrain men from committing those evils, that otherwise they would rush upon, were that necessary Tie of Conscience taken off. Besides, I professe as in the presence of Almighty God, that I know no man that endeavours with more exactnesse to square his life according to the rule of Scripture, then Mr Walwyn doth, which is the clearest argument in the world, that they are dear and precious in his eies; and all those I know, that are observers of his life and conversation, will give testimony thereunto.

The true ground of this bitternesse of spirit against him may well be supposed to be, because he cannot associate into a Church way, upon their grounds, as not knowing any persons to be so quallified as Ministers of the Gospel ought to be, which he thinks is essentiall to such an association, and is in expectance that in time it will be so. In the mean time, he approves Congregationall Assemblyes for instructing the people, and for the consideration and Edition: current; Page: [6-282] right understanding of the Scriptures, as also, for the making every man in love with true piety and virtue, and to loath whatsoever is evil: But because he can no more approve the Divine Authority and Saintship of the Independent Pastours then of others before them, and reckons, that they are such but in pretence and shew only, and is esteemed able to manifest and evince the same; Hence have they drawn out their sharpest arrows, even bitter words, and let them fly at him, hoping thereby to make invalid whatsoever he shall say in order thereunto.

And this indeed appears to be the true ground of their persecuting him, and making use of all means, direct or indirect, to blast his spotlesse reputation, and which hath made them gather up that heap of forgeries and calumnies which in that Book are contained.

For these speeches which are said to be other mens whom he hath perverted, although I very much question, whether they were ever spoken by any man, they are so abominably profane and wicked: yet ’tis most clear, that for Mr John Price, or whoever is the Author of the Pamphlet, to suggest that which he cannot know, namely, that such wicked speeches have proceeded from the mans acquaintance with Mr Walwyn, doth clearly discover the maliciousnesse of his heart, and the Un-Christian spirit that is within him: which indeed is more evident by these bitter expressions that are scattered through his Book, as, English man Hunter, Factor for the Devil, Cunning and Hypocriticall Jugler, Wretched man, Journey-man, and Apprentice to the Prince of darknesse, Artificiall and great Imposter, &c. all which comming from within him, do clearly manifest the defilements of his soul, and from what rancour all the rest hath proceeded.

But the height of his bitternesse is discovered in a story concerning a Gentlewoman, whom he is said in her great paine and distemper to advise to make away with her selfe: a thing so false and scandalous, as I know not what can be more; For Mr. Walwyn hearing of her distemper, and melancholly resolutions, did out of the respects he bore unto her (being a Woman of so much goodnesse, and with whom and her husband, he had been of long intimate acquaintance) frequently visit her, and advised me to do the like purposely to fortifie her spirit against so harsh and sinful a resolve, which we both did; and as her husband knowes to good purpose, that she was often much more chearful and better disposed after our being with her then at other times: Insomuch that he has often desired both Mr. Walwyns and my frequent visitation of her. Edition: current; Page: [6-283] For a fuller testimony thereof, I intended that the Gentleman himself should have attested so much: but he being very sick in the Country, and his Sister and servants urging to me the danger of bringing to his remembrance his Wives sad disaster, and telling me, that probably it might be his sudden death, I have forborn for a time, till God shall give him more strength and health.

But forasmuch as Mr Walwyn hath been often with him since his Wives death, and been as fairly accepted as ever (as his Son and servants know) What cleerer Argument can there be, but that he does acquit M. Walwyn of any such horrid action, as perswading his wife to make away with her self?

Besides, if M. Walwyn had bin so wicked as to urge her, can he be supposed to do it before I know not what stranger that told them the business; when the Gentle-woman that was alwaies with her, her Sisters and servants, do none of them know any thing of the business, but are ready to attest his frequent perswading her to the contrary.

By the falshood of this particular slander, a man may guess at the truth of all the rest; for they that will be so forward to divulge a Forgery so exceedingly tending to the discredit of another, and make expostulations thereupon, and appeals to the People; advising them to judge of the Frame, Temper, and Spirit of the man by this action; where will they stick? Or what will they not do to take away his life, which when a mans good name is gone, is not at all to be valued? For a good Name, what is it, but the life of a mans life? I am very sorry for Religions sake, which I fear will very much suffer by this demeanor of men, whom I wish I could alwaies have accounted Religious. But I see, it is not an habit of Speaking, gained by Study and Custom, nor an Ability to Dispute or Discuss a point in Controversie, that truly, denominates a man such; but the inward sweetness and calmness of Spirit, that Christianity prescribes; and which indeed, is more eminent in M. Walwyn, then I have known it in any man; whose way hath alwaies bin, to take the injured mans part, to diminish the aggravations of an accuser, slowly and unwillingly to hear any thing that tends to the prejudice or dis-repute of another: as knowing well the aptness and propension in most men, to give credence when they hear others ill spoken of. I cannot chuse but upon occasion break out into these Speeches concerning M. Walwyn (and I question not but good men will excuse me for it) because I am so experimentally sensible of the Truth thereof: Indeed, if I were to chuse a true Friend, a vertuous and Religious Edition: current; Page: [6-284] Assotiate, addicted to no vice or extravagancy, the most averse from contention, the most cheerful and pleasant (but for the disturbance of his Spirit to see the Common-wealth still in so sad a condition) If I would chuse a man to be readily assistant to his power in any distress, and that makes Conscience of his duty to God and man: It should be M. Walwyn: And I heartily bless God, that he hath afforded me the enjoyment of his Society for these eight yeers together, and upward; which I do reckon among the prime blessings of this life, and which I would not utterly leave, for any worldly Temptation whatsoever. God knows, I flatter not, for what need have I to flatter? but speak the truth of my heart, being inwardly conscious both of his innocence and goodness, of the many pressures that undeservedly ly upon him; out of which I hope God almighty will shortly free him, by cleering all Scruples, and false Apprehensions concerning him. But to proceed.

What M. Walwyn has said concerning Professors, I know not, but sure there is much to be said, and much in them to be amended; haply in this particular he has bin more earnest than ordinary; because he sees so large a disproportion between the Rule and their Practise: and since this is true, and acknowledged so by the Author, how uncharitable must he needs appear, in judging M. Walwyns urging the same, to proceed from a designe to disparage Religion, and the Professors thereof? Sure I am, that if any man could be so wicked as to propose such a designe to himself, as the disparagement of Religion and its Professors, he would not check, but countenance their wickedness; then which, nothing can be more discreditable to Religion.

M. Walwyns next drift is said to be, to procure the trouble, misery, and ruine of this Common-wealth: A goodly work indeed, and which is likely, that a man which hath spent himself for the Parliament, and in endeavouring a good and happy settlement of the Common-wealth, should ever admit into his thoughts. For what end should he attempt any such thing? If for wealth or greatness, what an improbable way is that to get either? Besides, he has hitherto bin regardless of both: and certainly, if they had bin his end, he has brain and ability enough to have compassed them both, by striking in with any party that has had the dispensation thereof. But in this the calumniation of M. Walwyn is not so principally intended, as to startle the people from finding fault with any thing that is amiss, or from complaining of the failings and undue management of things, by such as are, or may be in Authority; for Edition: current; Page: [6-285] this he cries out upon, as the means to carry on his private designe, which will questionless, be extended to any who sit not down contented with whatsoever happens, but appear in never so moderate desires for the rectification of what is amiss. How has he by this means, fitted every man with a way how to find fault with Petitioners; to stile them of Walwyns gang, deceived by his Wiles and Impostures; and so to take away that last human Refuge which good men have left them, viz. of making their Grievances known, and desiring Redress? For the waies which he is said to use to seduce the poor and indigent, as by telling them that vertue and ability for discharge of a Publike trust, ought to be the characteristical tokens of fitness to bear Office, and places of Government, and that it is a most unfiting thing that one man should have thousands to spend upon his lusts, and another want necessaries, though neither of these I think have so much irrationality or unchristianity in them, as to deserve to be cryed down by a Member of a Church, and are as uncharitably urged as supposed weapons M. Walwyn fights withal, in order to an imagined design, their either weak or wicked thoughts have invented. Yet can I truly say of M. Walwyn, as from my own knowledge, that he hath ever protest and proposed not to supply poor men by injuring the Rich, but by reducing the Common-wealth to so good a pass, that every man by care and easie labour, might have wherewithal to maintain himself and his Family in some comfortable manner.

To take away from any man what is his by inheritance, or by his trade or industry, or any other way, is so visibly contrary to the equity which he hath ever (according to his understanding) held forth, not onely in the front, but in the very heart of his designes (or what you please to call them) which makes me think that book was compiled by some-body that knows him not, but has had a heap of matter at random, gathered up and given him by such as knew him able to make inferences, and contrive a subtle Pamphlet thereupon; not onely to calumniate M. Walwyn, but to stop the mouths of all the aggrieved and discontented people of the land, and for that end has he marshalled all the several oppressions and burdens of the Common-wealth, into several ranks; as if they were not real things, but inventions of M. Walwyn, to irritate by some of them, the poor; by others, the rich; by some, the rash and cholerick; by others, the discreet and apprehensive; to discontent and dis-affection against such as are in Authority. So that questionless they hope by this means to terrifie all now from Edition: current; Page: [6-286] opening their mouths, be they under what oppression soever; though for my part, I think it will work a contrary effect, when men shall see the Arts and Stratagems that are used to make them stoop under their burdens Issachar-like; and that the private Churchmen are become the Sluggards of their fair and lawful endeavors, to redeem themselves from those pressures that ly upon them.

Did not in like manner the King and Bishops make the Scots odious, and the Puritan Party in England, a by-word, urging such like slanders of them, and saying that it was the designe of some discontented spirits, to alienate mens affections from their Governors, and that by private discourses, by printing and publishing Books, sending into several Counties, and flinging them into mens houses, as this Author imposeth upon Mr Walwyn? Nay, did not the Presbyter Party, in particular Mr Edwards, Mr Jenkins, and others, do the like upon the Independents, Sectaries, Seekers, &c. inventing strange Designs, like these father’d upon Mr Walwin, and casting them upon any that they had a mind to make odious? And did not Mr Goodwin himself bear an ample share of these Calumnies, being stiled by them, The Grand Heretick of England, a plucker up (presumptuously) of the Fundamental Priviledges of Parliament by the roots: and is not this work of our Author the very same in effect, manner, and design? the tide being now turn’d, and the stream of profit runing into a new Channel; the only difference being a more subtile contrivance in this pageant of scandals, then hath yet by any of them been produced.

It will be needless for me to run over more particulars, the Principal having been already cleered, and the Remainder being but of the same batch and leven with the other; and if true, as in the rankness of their expression they are not, they cannot beget that abomination against him, which they expect.

For the Ware business, it is so base and abominable a Fiction, so apparently the wicked offspring of a Politick brain, that little needs to be said to it, only thus, That if there had been any such design of the Agitators at Ware of the Outing the Lord General, destroying the Lieut. General, and forcing the Parliament to prosecute the King, and Mr Walwin privie to it; the whole town should certainly have rung of it before now, and not only so, but the Designers should have been prosecuted for it, since there is Law sufficient for that; (Civil Law I mean, without the help of Martial) and since neither Power nor Authority hath been wanting to see so plain a piece of Justice executed; what therefore doth the not doing thereof Edition: current; Page: [6-287] more cleerly argue, then the present forgery of this present fable, for their friend Mr Walwins sake, whose spotless innocence leaves them without any ground to raise their batteries against him, but with what comes out of the Mint of their own inventions.

Besides, the Author saies not that Mr Walwin was of, or privie to that Design, but only layes it upon certain Agitators at Ware; and yet he craftily and maliciously inserts it amongst other things he hath fram’d and fatherd upon Mr Walwin, of purpose to make the world believe that this is also his.

If People knew how fertile their brains have been with Fictions of this nature, they would say all were not Christian that took that name upon them, and seem’d so zealous for the honor of God and dignity of the Scriptures: There is indeed scarce any thing that concerns a mans life, but Mr Walwin hath been abused in, by foul Reports: to some he is said to paint his face, having been hitherto of a ruddy complexion; and the Reporters have been trac’d from one to another, till one would go no further, but only told him, That he heard it of credible men. Others report him loose in his Life, and one Mr Woollastone meeting Major Cobet, bid him beware of Mr Walwyn, for he was a dangerous man, a Jesuite, an Anti-scripturist; and to make the last good, said, That a Woman being tempted by him to lewdness, she replying that it was against Gods Word which saies, that Whoremongers and Adulterers God will judge: Mr Walwyn (as this bad man reported) made answer, What telst thou me of that idle Book? Whereupon Major Cobet told Mr Woollastone that he would tell Mr Walwyn of this, and that he should look to be called to an account for it: Within a while after, a Meeting being at the Windmill in Lothbury about a Petition, Major Cobet told Mr Walwyn of it before six or seven other men, at which M Walwyn wondered he should be so abused, having no other way left to cleer himself but by a denyal and abomination of the thing: But it so fell out, that imediatly after Mr Woollastone came into the Room, and being urged by Major Cobet to make good what he had reported to him concerning Mr Walwyn before those six that were present, Mr Woollaston Answered, That he contest he had injured Mr Walwyn in the Report, and desired his Pardon, for the words were true of another, but not of him: In Witness of the truth of what is here Related, I Subscribe my name.

Notwithstanding all which, both this and other scandals of the like nature are still scattered against him, so that if he would cleer himself, he must be ever writing in his own Vindication, this sinck Edition: current; Page: [6-288] filling with such ditch-water faster then any one man can pumpe it out. In the mean time, what are they? or what do they deserve? or for what end can all this be supposed to be done? but to villifie and render contemptible a man, that in his heart abominates all unjust wayes, which they know they are deeply engaged in.

Then again, there are divers that make it their business about the Town, to close with such as they have any hopes will be flexible, and to advise them that they be cautious concerning Mr Walwyn, for knowing men say he is a Jesuit, and ’tis probable enough say they, for no body knows where he was born, or how he maintains himself, and that ’tis verily thought he was born in Spain: Some six or seven men that have been thus Accosted I know, and can produce, which shews that these things are not Casual, but proceed from Design and Pre-meditation.

How many are mis-led into a belief hereof, and of the former Scandals already, I know not, but that no more may, and that such as are, may be better informed: I hope without offence to any, I may give a brief and cursory Description of Mr Walwyns Life and Disposition, which is as follows:

Mr Walwyn was born at Newland in Worcester-shire, of Mr Robert Walwyn Esquire, a man of good Life and Repute in his Country, and of between three and four hundred pounds Annual Estate, that his Mother is still living and was Daughter to Doctor Westphaling Bishop of Hereford: his Brothers and Sisters are likewise in that Country; But he being a yonger Brother, was bound Apprentize in London, and served out his Time with a Silk-man in Pater-noster-Row: A while after, he was made Free of the Merchant Adventurers Company, and hath since traded as Merchant about seventeen or eighteen yeers; during all which time, his aboads have bin known and certain, and his residence in London constant, except two or three journeys into his owne Country, and one or two to the Army, before its first comming to London. That he was never over Sea in any Country whatsoever. That he has from the profits of his Trade, maintained his Family in a middle and moderate but contentful condition; having bin much wasted, but never gained one penny by these eight yeers distractions, nor ever desired it; his only end, being that the Common-wealth might be so setled, that men might with comfort and alacrity set themselves about their particular Callings and employments. That he is most strictly abstemious, and though of an open hand, and a large heart to his ability, yet Edition: current; Page: [6-289] did I never observe in any man so cautious and constant a Temperance.

That I never observed in him the least unseemly gesture towards women, being a man noted by such as intimately know him, for a most precise and exemplary modesty, naturally expressing it self (even at his yeers, which are almost fifty) at any obscene word or behaviour, by a blush: which is an outward manifestation of the inward distast and reluctancy of the mind, against the evil of the present object. That he has lived 21 yeers and upward with one woman, and she a truly good one; between whom I have observed so constant, so growing an affection, as that I have not known in my 8 yeers aboad with them, a hasty word pass from one to the other: By her he has had almost twenty children; that before the Parliament, he informed himself of all the extravagancies and oppressions of the King, and out of dislike thereof, and in hope that his Country should by the endeavors of the Parliament be freed from them, he engaged with them; that he has continued so doing till this day; and though he hath bin much disswaded by his friends from crossing the stream, and advised to swim in it; yet could he never bring his mind to it; the light of his own Conscience guiding him otherwise. In this case, Charity (he thinks) ought not to begin at home, but at his Country; for though a mans self may be allowed to be deerer then another, yet not then all. For the publike Liberties, he hath not onely constantly appeared, but rescued most of them out of a heap of contrary Doctrines, and Politick concealments. And for Liberty of Conscience, there is a book (the first that was brought to light upon that Subject, since these Troubles) doth ow much to his Industry: And though he is not so much concern’d in the point as other men, especially his Adversaries (he having never bin of any private Congregation) yet did he one of the first break the Ice in that point, since this Parliament, and to the utmost of his power, both by writing, and by frequent and very hazardable Addresses to Authority, labored both to evince the equity of the thing in it self, and procure a Liberty for the Exercise thereof; as judging it a mans duty to move not onely for those things that are of immediate concernment, but in those also, which being good and just, conduce to the more immediate benefit of his Brethren.

If I should reckon up all the good things he hath engaged in, I should haply be too tiresome to the Reader. I will therefore say onely this, that I never knew him engage in any thing that could (except in a wrested sense) be said to advantage a corrupt interest: Edition: current; Page: [6-290] He hath studied the Peoples Freedoms so radically, and hath brought to light Principles so supportive thereof, and so essential thereunto, that no other Designe but their good, can with any pretense be fixt upon him; except for the mis-leading those that know him not, or do not well know him. I wish with all my heart, the necessity of writing thus much, had not bin enforced upon me: For there is not any man I think, which loves retirement, and the not being seen in this kind, more then I do.

Neither doth M. Walwyn take the least pleasure in applause, or the worlds good opinion of him, which no man, hath more slighted; but expects his recompense from Gods love to him (which certainly he will amply find, if not here, hereafter;) from the calmness of his own Conscience, and the respects of truly godly and ingenuous men; who not by hear-say, a casual expression, or slip of his tongue, do suppose they know him; but of such as are neer and narrow observers of his Discourses, Life, and Conversation.

I have let pass many expressions of the lightest nature in the Book, that are not within the reach of my knowledge to disprove. Some of them I have heard of from them, and that 5. or 6. yeers ago (which shews that the Timber for this Structure has bin long cut down, and that they have had time enough to shape it to their own purposes). I suppose they will, if there be further need, receive answer by M. Walwyn himself.

For the particulars that concern Levelling mens Estates, &c. M. Walwyn has given such ample satisfaction, I conceive, in the Manifestation, which the Author too conceives to be principally his, that I wonder old expressions in heat of Discourses (who knows how long ago) dropt from him (as who knows too how slightly and mistakingly since reported) should be now urged upon him: But in order to a Design, what must not be done? But ’tis talkt abroad, they can be proved; that is, that credible people have heard them, and will attest the same. To that I shall say,

1. That M. Edwards had witnesses for attestation of many strange matters he reported of pious and honest people, and yet how deservedly were his slanders slighted, upon this ground, that men of different spirits do very familiarly hear with too open ears, and report with such additions as their spleen and dis-affection suggests against him they maligne? And as M. John Goodwin (whose hap it hath bin to suffer much in this kind with M. Walwyn) well expresses himself in his answer to M. Edwards Gangreen, p. 2. Sect. 3. There is no reasonable man but will abate and deduct, and that Edition: current; Page: [6-291] to a good proportion, from such Reckonings and Accompts, which are drawn up and given into him by the hand of envie.

2. That in many particulars urged upon M Walwyn, the offence lies not in the things, but in the end for which they were done; which the Author takes upon him to judge; and does he not thereby (as M. Goodwin saies of M. Edwards in his Innocencies Tryumph, p. 3) claim part or priviledge with God himself, in his Omniscience or heart-searching, which is (as he goes on) to magnifie himself above all that is called man, and to set himself down in Gods chair.

3. Of what credit pray is the testimony of an enemy in matters of obloquy and reproach, tending to the disparagement of another; M. John Goodwin frequently tells you in his Hagiomastix) and his Cretenses, or answer to M. Edwards ulcerous Treatise, especially (I may add) when the memory is long charged therewith, and when discontents and new enmities do in the intervalls arise.

4. Let it be considered how unlike it is to the way of Christ and his Apostles, to have Eve-droppers, Agents, or Factors, to gather up, and furnish themselves with the sins and infirmities of good men, who never took a report into their lips against any man, upon loose or malicious suggestions, that pleaded the cause even of an Adultress, and stopt the mouths of her Accusers: yet here hath our Author ransackt all corners, sifted every mans knowledge of M. Walwyn, and then, taking onely the bran or dregs of his life, hath with the unworthy addition of the slime of his brain, made up a dish for his own and his friends eating; and hopes that by the large commendations he gives of it, it will find acceptance among all other good people.

Whereas the Author makes a difference between Mr Walwyn and the rest of his Fellow Prisoners, judging him to be the Principal, and they the Accessaries to the Chimerical Crimes, our Authors brains have fancied: to this I say, That they who do know, or do not conceal their knowledge of Lieut. Col. John Lilburn, must needs confess him to be a man the least liable to be moulded or bowed by others, of any man in the world. Who bias’d him I pray in all his sufferings before in the Fleet, Oxford, Newgate, the Fleet again, the Tower, &c? whose Counsel hath he taken in writing those many Discoveries of bad mens wayes, but God and his own? But our Author writes not so much his knowledge as his guesse, and not so much his guess neither as his Design either to make difference between these Friends, or by laying the whole burden upon Mr Walwyn, to single him out thereby for destruction. For Mr Prince, Edition: current; Page: [6-292] as he is a man of a single heart, and lamb-like innocence; so is he far from pining his Faith upon another mans sleive, and professes himself guided in the present dislikes he hath manifested, not by other mens discourses, but by real and sensible sufferings: By what his eyes see, his eares hear of the Peoples sad and deplorable Condition: by apparent contradictions in actions and Engagements, by the benefit of Law taken away, and by abundance of other instances and experimental proofs of things, by which, and the sense of his own duty, thereupon he is engaged, he sayes, to shew himself as he doth. But I shall forbear to speak further to this, since I hear they both intend to write something in Vindication of themselves: for Mr Walwyn in the supposition the world hath of him of being a Politick man; he is as much mistaken as may be; Policy being taken in the worst sense, for an ability to do things good or bad, just or unjust for advantage, and the accomplishment of an evil end. He is the most precisely tyed as to good in the end, so in all the means in Order to that end, that I have often told him of the impossibillity of procuring that for the people his honest heart intended, against powers otherwaies resolved, and here upon I have often perswaded him to decline the Engaging as too difficult for him. To which he hath answered, That his thoughts did not so much insist upon the success, as his duty: the one he was bound to perform, the other was without him, not in his power, and therefore though he should rejoyce at the good event of things, yet should he not be dismayed, when they fall out otherwayes, for that was at the good pleasure of him, to whom he was to submit.

Tis observable that some of those that Subscribed the Epistle Dedicatory, are his most deadly Enemies, and of those, one hath very busily spread abroad that most malicious suggestion of Mr Walwyns being a Jesuit, although I suppose he himself knows the contrary: othersome, namely the two last, have been very scarcely known unto him, or he of them, and yet they tell you too, that they therein Subscribed their own experiences and observations of his general Course in all his wayes, as they are in the Book set forth. If this be the Course that must be expected from these Churchmen, whose fame or reputation can be safe? though never so carefully guarded by innocence, and a diligent eschewing of evil? For as Mr Walwyn hath suffered, so who may not? or who is not likely to suffer, that stands in the way at least of their prospect? Every head must vaile, and every heart must stoop to the Glory and Sanctity of these Saintly men, that have already suckt in large Edition: current; Page: [6-293] hopes of being Possessors of the Earth, and begin to stretch themselves, and justle out other men as profane, worldly irreligious, and what Titles else they please to defame them withal: Still must it be that new men rise up, and tread in the same steps of reviling with their fore fathers. Was M. Walwyn a Traytor, Heretick, and Rebel in the Bishops esteem? Was he the Presbyters Schismatick, Atheist, Anarchist, and what not thats bad and monstrous, because his Conscience could not stoop to them? And must the sink of every mans malice be still thrown upon him, and his tender back prest down with all the obloquies that men of more copious and refined imaginations can invent and throw upon him: Must he ever be the man of infamy and disgrace? whither then shall he appeal for relief and vindication, but at thy sacred throne, almighty God, to whose Omniscience the secret thoughts and inmost corners of every heart are like a Text in great Letters, visible and transparent? Thy Majesty hast true and certain knowledge of every thing done and imagined in the world, thou knewest the innocence of thy servant Stephen, and the maliciousness of the Jews that stoned him, the purpose of Tertullus in accusing Paul, and of the forty Jews combined to destroy him. There is nothing at present that is hid from thee, no dark purpose or designe (though never so speciously vaild over with good or Religious pretences), but is perspicable by the eye of thy All-seeing Wisdom.

The frailty and dimnesse of our sight cannot distinguish between things that are and but seem to be, between Truth and Falshood: insomuch that this vain world frequently mis-calls Good, Evil; and Evil Good: and upon confidence of this common frailty, bad men endowed with craft and vain policy, impose upon the weak and credulous what shapes and imaginations of things their wicked ends suggest unto them. Forasmuch as therefore O Lord, thou art the protectour of all the Innocent, and detector of the false accusers, give some real manifestation to the World, both of the one and of the other; open the breasts of Mr Walwyn and his Accusers: Let their thoughts be manifest, the secret purposes and designements of their hearts written as in their fore-heads; that so thy Name may have the glory in a plain and visible discovery of them both, and the innocence of the one shine more bright by this fiery Tryal it is now undergoing; and the secret ends and contrivances of the other be no longer concealed under the painted garment of zeal towards thee and thy Word, which thou knowest Edition: current; Page: [6-294] O God, is by many of them put on purposely to enable them to destroy innocent men, and to persecute thy Christ In his Members.

But if O Lord thou hast decreed that bad men shall run on in the course of their wickednesse, till their measure be full, and wilt suffer them to be chastizing instruments in thy hand, for the many frailties and sinnes of thy servants, thy will be done, only support us we beseech thee with the strength of thy inward consolations, with patience to drink of that Cup thou hast provided for thy servants, and to submit all we are or have, to thy hand, thy wisdom, thy will, our Lord, our God, our Father.

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William Walwyn

Walwyn, William

30 May 1649

[15]

6.15. William Walwyn, The Fountain of Slaunder Discovered (London: H. Hills, 30 May 1649).

Source

William Walwyn, The Fountain of Slaunder Discovered. By William Walwyn, Merchant. With some passages concerning his present Imprisonment in the Tower of London. Published for satisfaction of Friends and Enemies. London, Printed by H. Hils, and are to be sold by W. Larnar, at the sign of the Blackmore, near Bishops-gate. 1649. (London: H. Hills, 30 May 1649).

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The Fountain of Slander discovered, &c.

From my serious and frequent consideration of the goodness of God towards man, the innumerable good things he created for his sustenance & comfort; that he hath made him of so large a capacity as to be Lord over other creatures; ever testifying his love, by giving rain and fruitfull seasons, feeding our hearts with food and gladnesse: That he hath made him, as his own Vicegerent, to see all things justly and equally done, and planted in him an ever living conscience to mind him continually of his duty; I could not but wonder that this should not be sufficient to keep mankind in order, and the world in quiet.

But when I considered the infinite obligations of love and thankfulnesse, wherewith men, as Christians, are bound unto God, and yet how extremely averse all sorts of Christians were, to the essentiall and practicall part of Religion; so great ingratitude did quite astonish me.

And made me with much patience passe over the many injuries I have suffered for my own endeavours after common good; and to resolve within my self, that for any man to give good heed to the voyce of God in his own conscience, and vigorously to appear against the unrighteousnesse of men, is certainly the way to affliction and reproaches.

And hereupon, when of late I have been hunted with open mouth, and could appear in no place, but I was pointed at, and Edition: current; Page: [6-297] frown’d upon almost by every man, I was but little moved; for why should I expect better measure than my Maker and Redeemer? And so with patience sate me down, and considered, whence so many undeserved aspersions should proceed against me at a time too, when I was most secure; all power being then in the hands of such, from whom I had merited nothing but love and friendship.

I was sure any man that had a mind to know what, or where I was, might easily trace me from my present habitation in Moor-Fields, to Newland in Worcestershire, where I was born of no unknown or beggarly parentage, as some have suggested to disparage me; but such as were both generous, as the world accounts; and ingenuous too, as wise men judge; and to whose exemplary virtue I owe more, then for my being.

I knew an exact accompt might be taken of me, in lesse then one daies time: and that this may gain belief, I shall refer the enquiry of my birth and breeding to Mr Sallaway, a Member of Parliament for the County of Worcester; and for my first eight years in London to Mr Crowder, another Member of this present Parliament: The truth of whose relation, I suppose none will doubt, and I shall be obliged to them, to satisfie as many as desire it.

For 13 years together, after that, I dwelt in the Parish of Saint James, Garlick-hill, London: Where, for all that time, any that please, may be satisfied; since which time, I have lived in Moor-Fields, where now my Wife and Children are; and what my demeanour there hath been, my neighbours will soon resolve.

I have been married 21 years, and have had almost 20 Children; my profession hath been Merchandising, but never was beyond the Seas; but my Brother died in Flanders in my imployment, and cost me near 50 pounds, rather then he should want that buriall accustomed to Protestants; which one would think might suffice to prove me no Jesuite.

In all which time, I believe scarce any that ever knew me, will be so dis-ingenuous as to spot me with any vice; and as little of infirmity as of any other; having never heard ill of my self, untill my hopes of this Parliament encouraged me to engage in publique affairs; being then 40 years of age, 20 of which I had been a serious and studious reader and observer of things necessary.

But then in short time, I heard such vile unworthy things as I abhorred, and made me blush to hear; and ever since, reproaches have pursued me, like rowling waves, one in the neck of another.

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All which being groundlesse, as my conscience well knew, I soon concluded, they were devised purposely by some Politicians (whose corrupt interest I opposed) to render me odious to all societies of men, and so to make me uselesse to the Commonwealth, which my long experience and observation told me, was a common practice in all ages.

So as to me it is evident, that corrupt interests are the originall of Politicians; for a just course of life, or interest, needs no crafts or policies to support it: And it is as clear to me, that Politicians are the originall of reproaches, and the fountain of slander: for that it being impossible to defend an ill cause by reason; reproaches necessarily must be devised, and cast upon the opposers to discredit what they speak; or it were impossible for any corrupt interest to stand the least blast of a rationall opposition.

Most miserable unhappy therfore are those men, who are engaged and resolved to continue in any kind of corrupt interest, or way of living; since they are thereby all their life long necessitated to become meer Politicians, devisers of lies, slanders, falshoods, and many times to perpetrate the most dishonest actions that can be imagined, for supportation of their interest.

And upon this accompt I am certain, and upon no other, so much dirt hath been cast upon me; for when art and sophistry will not serve to vanquish truth and reason, aspersion generally wil do the deed.

Which hath made discreet and considerable men to make a contrary use of aspersions: For whereas the rash, and weak, when they hear either man or Cause asperst, they presently shun the men, and abhominate the cause upon little or no examination, as being affrighted therewith. Wise and discreet men, skilfull in the common rules and practises of the world, are so far from prejudging either the man or cause of evil; that without prejudging, or partiality, they make an exact enquiry, how things are, and determine nothing but upon good and reall satisfaction.

And there is good cause for every man so to do; for if all stories be well searcht into, it will be found. That unjust, cruel, covetous, or ambitious men, such as were engaged in corrupt interests, or in some wicked designs, were ever the aspersers; and honest, just and publique spirited men the aspersed.

That this is a certain truth, examples need not be brought out of common histories, whilst the Scriptures abound therewith.

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It was the portion both of the Prophets and Apostles, and of all the holy men of all times: yea, our blessed Saviour, who spent all his time on earth in doing good, was neverthelesse tearmed, a Wine-bibber, a Friend of Publicans and sinners, a Caster out of Devils by Beelzebub the Prince of Devils. And who were they that so asperst him, but the great and learned Politicians of the times, who with the Scribes and Pharisees, set themselves against him and his doctrines, because he gave knowledge to the poor and simple; by which, their delusion, pride, oppression and corrupt interests were plainly discovered.

So that let no man look to escape aspersions, that sets himself to promote any publique good, or to remove any old or new setled evil; but let him resolve, according to the good he endeavoureth, so shall his aspersion be: Nor let him thinke, when time and his constant actings have worn out, one, or two, or ten aspersions, that he is therfore free; but if he continue to mind more good, he shall be sure to find new aspersions, such as he never dream’d of, or could imagine.

Luther opposeth the delusions and oppressions of the Pope, and his Clergy, and the ruine of Emperours, Kings and great ones of the world, laies them all open and naked to the view of all men: and who was ever more asperst then he?

Cornelius Agrippa sets forth a Treatise, entituled, The vanity of Arts and Sciences; and is reputed a Conjurer for his labour.

How faisly and vilely were our Martyrs reproached and cruelly used in Queen Maries daies, for opposing the wickednesse of the great ones of that time? And how unjustly Mr Greenwood, Mr Penry, and Mr Barrow suffered in Queen Elizabeths daies for publishing unwelcome truths, is yet sadly remembred.

Yet how odious did the Bishops set forth those that pretended for the Discipline of Presbyterie? all along comparing them to the Anabaptists of Munster; affirming, that (whatever they pretended) they aimed to destroy all Magistracy and Government; to have plurality of wives, and all things common; saying any thing of them to render them odious to the people.

In like manner the Court reproached Parliaments upon their least shew of redresse of grievances, or abatement of Prerogative; calling them, a factious, seditious, viperous brood, that intended to bring all to Anarchy, parity and confusion.

And even so divers Presbyters of late have dealt with the Independents, Brownists, Anabaptists, Antinomians, and the Edition: current; Page: [6-300] like; stiling them Heretiques, Blasphemers, Sectaries; and comparing the Army and their Leaders to Jack Cade, Wat Tyler, and John of Leydon. And so about that time dealt the Parliament with many wellminded people, that petitioned them for removall of long setled, and new imposed grievances, tearming them factious, and seditious Sectaries; and burnt their just Petitions most reproachfully by the common hangman.

And just so now deal some most unworthy Independents with many the present Asserters of common freedom, stiling them Levellers, Anti-scripturists, Atheists; and devise such scandalous, false aspersions against them; and publish the same with so much bitternesse and vilenesse of expression, as if they resolved of all that went before them, from Rabshekah, to the unhappy daies of Mr Edwards, and his Contemporaries, none should come nigh them for invention, or calumniation; and that upon no cause, except for opposing the present corruption and corrupt interests of the times; wherein it should seem, many of them are now engaged, and taking pleasure therein, are as impatient as ever Demetrius and the Crafts-men were with Paul for preaching against the Goddesse Diana, by making of whose Shrines they lived, tis like, very plenteously.

And although nothing be more evident, then that Aspersers are ever deceivers, and asperse for no other end but for their own interest and advantage, yet are not men sufficiently cautious to avoid their wiles, but are ensnared perpetually; for let a man with never so much discretion and fidelity, make known a publique grievance, or an imminent danger, and propose never so effectuall means for redresse and prevention, yet if one of these subtil Politicians, or their Agents, can have opportunity to buz into the ears of those that are concerned, thou the proposer art an Heretique, a Blasphemer, an Atheist, a denier of God and Scriptures; or, which is worse to most rich men, that he is a Leveller, and would have all things common: then out upon him, away with such a fellow from off the earth; better perish then be preserved by so prophane a person: and in the mean time, who so seemingly pious, meek and religious as the asperser? Whose councel so readily harkned to as his? which yet leadeth to a certain bondage, or destruction, never feared till felt.

And truly but for these deceits in Politicians, and these weaknesses in the people, it had been impossible but these times must necessarily have produced much more good to the Common Edition: current; Page: [6-301] wealth: and it is wonderfull to consider, how powerfully this delusion proves in all times; no warning or experience being guard enough against it, though to a reasonable judgment, no deceit be more palpable.

For generally the asperser is really guilty of what he unjustly brands another withall: So, the false Prophets accuse the true of falsnesse: In like manner, the false Apostles accuse the true: The Scribes and Pharisees were, indeed, friends of Publicans and Sinners, reall friends of Beelzebub, as being the chief of Hypocrites: The Pope and his Clergie really guilty of all they fained against Luther: Emperours and Great ones of the world, cry out of perfidiousnesse, and breach of Oaths; who have broken so frequently as they? or make so little of it when ’tis done? Those who cry out against Community, Parity and Levelling, in the mean time enforce all to their own wils, both Persons, Estates and Consciences, and if resisted, fire and sword, halters, axes and prisons, must be their Executioners. The persecutor is for the most part the most desperate heretick, and those that cry out so much against blasphemy, neither regard man nor honour God, pretending Godlinesse onely for by, and base respects: Those who make so great a noise against Atheists, are they not such as say in their hearts, there is no God? denying him in their actions and conversations, back-biting, covetousnesse, pride, and usury being no sinnes amongst them, men that have a meer specious forme of Godlinesse, but no power at all: Those that raise fames of denying the Scriptures; you shall have them do it so as if they did it purposely to bring Scriptures in question, and write so in defence of them, as if they bent all their endeavours (though subtilly and obscurely) to weaken the credit and belief thereof; and have the impudence to call their uncertaine, doubtfull preaching and sermons the word of God, preach for filthy lucre, and take money for that which is not bread; so that if people had but any consideration in them, they would easily discover the fraud, policy and malice of aspersors, and be armed against their stratagems.

And although the people for some time may be deceived by their delusions, and do not perceive their devises: yet God in the end discovers them to their shame; setting their nakednesse and the shame of their nakednesse open in the sight of all men; and that garment of hypocriticall Godlinesse with which they stalked so securely, becomes a badge of their reproach.

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The Scribes, and Pharisees, and Herod, and Pilat had their time; but are their names now any other but a by-word? and doth not the Doctrine of Luther, shine in despite of all his mighty opposers?

What gained the Bishops by bespeaking the Presbyter of so much errour and madnesse, but their own down-fall? what got the Courtiers by accusing Parliaments of intending Anarchy and Community but their own ruine? and have not these Presbyters brought themselves to shame by their bitter invective Sermons and writings against the Independent and Sectaries?

And are all these forementioned, acquitted of the aspersions cast upon them? and am I and my friends guilty? why must these scandalous defamations be truer of us then of them? in their severall times they were beleeved to be true of them, and its time onely and successe that hath cleared them, and should perswade men to forbear censuring us of evil unlesse the just things we have proposed, and Petitioned for be granted; and if we content not our selves within the bounds of just Government let us then be blamed, and not before: but what sayes the politician if somebody be not asperst. Mischief cannot prosper if these men be believed and credited, downe goes our profit. And truely, that enemies to the common freedome of this Nation, or enemies to a just Parliamentary Government, enemies to the Army, or men of persecuting principles and practices, should either divide or scatter these false aspersions against me, I did never wonder at: beleiving these to be but as clouds that would soon vanish upon the rising of the friends of the Common wealth, and prevailing of the Army; And so it came to passe, and for a season continued; but no sooner did I and my friends in behalf of the Common-wealth, manifest our expectation of that freedome so long desired, so seriously promised them in the power of friends to give and grow importunate in pursuit thereof, but out flies these hornets againe about our ears, as if kept tame of purpose to vex and sting to death those that would not rest satisfied with lesse then a well grounded freedome: and since, we have been afresh more violently rayled at then ever, as if all the corrupt interests in England must downe, except we were reproacht to purpose.

And certainly there was never so fair an opportunity to free this Nation from all kinds of oppression and usurpation as now, if some had hearts to do their endeavour, that strongly pretended to do their utmost; and what hinders, is as yet, somewhat in a Edition: current; Page: [6-303] mistery; but time will reveal all, and then it will appear more particularly then will yet be permitted to be discovered, from what corrupt fountaine, (though sweetned with flowers of Religion) these undeserved clamours have issued against me and my friends.

But I shame to thinke how readily, the most irrationall sencelesse aspersions cast upon me, are credited by many, whom I esteemed sincere in their way of Religion, and that most uncharitably against the long experience they have had of me, and most unthankfully too, against the many services I have done them, in standing for their liberties (and animating others so to do) when they were most in danger and most exposed, never yet failing though in my own particular I were not then concerned) to manifest as great a tendernesse of their welfare as mine owne.

But in patience I possesse my self, such as the tree is such I perceive will be the fruit: and as I see a man is no farther a man then as he clearly understands; so also I perceive a Christian is no farther a Christian then as he stands clear from errour, and superstition, with both which were not most men extreamly tainted? such rash and harish censures could never have past upon me, such evil fruits springing not from true Religion; wherein, as full of zeal, as the times seeme to be; most men are far to seek: every man almost differs from his neighbour, yet every man is confident, who then is right in judgement? and if the judgement direct to practice (as no doubt it ought) no marvell we see so much weaknesse, so much emptinesse, vanity, and to speak softly, so much unchristianity, so many meer Nationall and verball, so few practicall and reall Christians, but busie-bodies, talebearers, serviceable, not to God, in the preservation of the life or good name of their neighbours, but unto polititians in blasting and defaming, and so in ruining of their brother.

If I now amidst so great variety of judgements and practises as there are, should go a particular way; Charity and Christianity would forbear to censure me of evill, and would give me leave to follow mine owne understanding of the Scriptures, even as I freely allow unto others.

Admit then my Conscience have been necessitated to break through all kinds of Superstition, as finding no peace, but distraction and instability therein, and have found out true uncorrupt Religion, and placed my joy and contentment therein; admit I find it so brief and plaine, as to be understood in a very Edition: current; Page: [6-304] short time, by the meanest capacity, so sweet and delectable as cannot but be embraced, so certain as cannot be doubted, so powerfull to dissolve man into love, and to set me on work to do the will of him that loved me, how exceedingly then are weak superstitious people mistaken in me?

That I beleive a God, and Scriptures, and understand my self concerning both, those small things I have occasionally written and published, are testimonies more then sufficient; as my Whisper in the eare of Mr. Thomas Edwards; My Antidote against his poyson; My prediction of his conversion and recantation: My parable or consultation of Physitians upon him: and My still and soft voice (expresly written though needlesse after the rest) for my vindication herein, all which I intreat may be read and considered: and surely if any that accuse and backbite me, had done but half so much, they would (and might justly) take it very ill not to be believed.

But when I consider the small thanks and ill rewards I had from some of Mr. Edward’s his opposers, upon my publishing those Treatises, I have cause to beleive they are fraught with some such unusuall truths, that have spoiled the markets of some of the more refined Demetrius’s and crafts-men; I must confesse I have been very apt, to blunt out such truths as I had well digested to be needfull amongst men: wherein my conscience is much delighted, not much regarding the displeasure of any, whilst I but performe my duty.

And in all that I have written my judgement concerning Civil Government is so evident, as (if men were men indeed, and were not altogether devoid of Conscience) might acquit me from such vanities as I am accused of; but for this, besides those I have named, I shall refer the Reader to my Word in Season, published in a time of no small need; and to that large Petition that was burnt by the hand of the common Hangman, wherein with thousands of wel-affected people I was engaged: and to which I stand, being no more for Anarchy and Levelling, then that Petition importeth; the burners thereof, and the then aspersers of me and my friends having been since taught a new lesson, and which might be a good warning to those that now a fresh take liberty to abuse us: but no heart swoln with pride as the politicians, but scornes advice, spurns and jeers, and laugh at all; yet for all their confidence, few of them escape the severe hand of Gods justice first and last, even in this world.

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Indeed it hath been no difficult thing to know my judgement by the scope of that Petition, and truely were I as deadly an enemy unto Parliaments (as I have been and still am a most affectionate devotant to their just Authority) I could not wish them a greater mischief then to be drawne to use Petitioners unkindly, or to deny them things reasonable, upon suspition that they would be emboldened to ask things unreasonable, by which rule, no just things should ever be granted; wishing with all my heart that care may be speedily taken in this particular, the people already being too much enclined to be out of love with Parliaments, then which I know no greater evill can befall the Common-wealth.

Another new thing I am asperst withall, is, that I hold Polygamie, that is, that it is lawfull to have more wives then one; (I wonder what will be next, for these will wear out, or returne to the right owners) and this scandall would intimate that I am addicted loosely to women; but this is another envenomed arrow drawne from the same Pollitick quiver, and shot without any regard to my inclination; and shewes the authors to be empty of all goodnesse, and filled with a most wretchlesse malice; for this is such a slander as doggs me at the heels home to my house; seeking to torment me even with my wife and children and so to make my life a burthen unto me; but this also loseth its force, and availeth nothing, as the rest do also, where I am fully known; nay it produceth the contrary; even the increase of love and esteeme amongst them, as from those, whose goodnesse and certain knowledge can admit no such thoughts of vanity or vilenesse in me: one and twenty years experience with my wife, and fifteen or sixteen with my daughters, without the least staine of my person, putting the question of my conversation out of all question.

There are also that give out that I am of a bloudy disposition, its very strange it should be so and I not know it, sure I am, and I blesse God for it, that since I was a youth I never struck any one a blow through quarrell or passion; avoyding with greatest care all occasions and provocation; and although possibly nature would prevaile with me to kill rather then be killed; yet to my judgement and conscience, to kill a man is so horrid a thing, that upon deliberation I cannot resolve I should do it.

And though to free a Nation from bondage and tyranny it may be lawfull to kill and slay, yet I judge it should not be Edition: current; Page: [6-306] attempted but after all means used for prevention; (wherein I fear there hath been some defect) and upon extreme necessity, and then also with so dismall a sadnesse, exempt from that usuall vapouring and gallantry (accustomed in meer mercinary Souldiers) as should testifie to the world that their hearts took no pleasure therein; much lesse that they look’d for particular gaine and profit for their so doing: and I wish those who have defamed me in this, did not by their garnisht outside, demonstrate that they have found a more pleasing sweetnesse in bloud then ever I did.

Now some may wonder why those religious people that so readily serve the Polliticians, turnes in catching and carrying these aspersions from man to man, have not so much honesty or charity, as to be fully satisfied of the truth thereof, and then deale with me in a Christian way, before they blow abroad their defamations; or why the taking away of my good name, which may be the undoing of my wife and children should be thought no sin amongst them? but truely I doe not wonder at it, for where notionall or verball Religion, which at best is but superstition, is author of that little shadow of goodnesse which possesses men, its no marvell they have so little hold of themselves: for they want that innate inbred vertue which makes men good men, and that pure and undefiled Religion, which truly denominateth men good Christians; and which only giveth strength against temptations of this nature.

And as men are more or lesse superstitious, the effects will be found amongst them; nor is better to be expected from them untill they deeme themselves, no further Religious, then as they find brotherly love abound in their hearts towards all men: all the rest being but as sounding brasse and tinkling Simbals; nor will they ever be so happy as to know their friends from their foes, except they will now at length be warned against these cunning ways of Polliticians, by scandals and aspersions to divide them; and be so wise, as to resolve to beleeve nothing upon report, so as to report it againe, untill full knowledge of the truth thereof; and then also to deal as becommeth a discreet Christian, to whom anothers good name is as pretious as his own; being ever mindfull, that love covereth a multitude of sins.

But I have said enough as I judge for my owne vindication and discovery of the infernall tongues of Polliticians, that set on fire the whole course of nature, and am hopefull thereby to reclaime some weak wel-minded people from their sodain beleeving or Edition: current; Page: [6-307] inconsiderate dispersing of reproaches; and so to frustrate the polliticians ends in this dangerous kind of delusion.

As for those who know me and yet asperce me, or suffer others unreproved, all such I should judge to be polliticians their hirelings, or favourers; and I might as well undertake to wash a Blackmore white, as to turne their course, or restore them to a sound and honest mind.

However I shall no whit dispaire of the prosperity of the just cause I have hitherto prosecuted, because (though at present I be kept under) yet I have this to comfort me, that understanding increaseth exceedingly, and men daily abandon superstition, and all unnecessary fantastick knowledge; and become men of piercing judgements, that know the arts and crafts of deceivers, and have abillity to discover them; so that besides the goodnesse of the cause which commands my duty, I may hope to see it prosper, and to produce a lasting happinesse to this long enthraled Nation.

A good name amongst good men I love and would cherish; but my contentment is placed only in the just peace and quietnesse of my own conscience, I may be a man of reproaches, and a man of crosses, but my integrity no man can take from me; I may by my friends and nearest alliances, be blamed as too forward in publique affaires, be argued of pride, as David was by his brother; yet I thinke the family whereof I am, is so ingenious as to acquit me, and to believe my conscience provokes me to do what I have done; but admit it should not be so, my answer might be the same as his. Is there not a cause? nay may I not rather wonder the harvest being so great, that the labourers be so few; if all men should be offended with me for endeavouring the good of all men, in all just wayes (for I professe I know no other cause against me) I should choose it rather then the displeasure of God or the distaste of my owne conscience, affliction being to me a better choice then sin.

And this my judgement (as necessary for that time) I put into writing about 16 monthes since or somewhat more, but deferred the publishing, because it was once denied the Licencing, (which by the way was hard measure, considering how freely aspersers have been Licenced or countenanced against me) but chiefly I omitted to Print it, because I thought my continuall acting towards the common peace, freedome, and safety of the Nation, would yet in time clear off all my reproaches, and for that I Edition: current; Page: [6-308] could not possibly vindicate my selfe, but that I must necessarily reflect upon some sorts of men, whom I did hope time and their grouth in knowledg would have certified in their judgements concerning me, and the things I ever promoted; But finding now at length, that notwithstanding all times since, I walked in an uprightnesse of heart towards their publique good; without any the least wandering and deviation, (as their Petitioners of the 11 of September will bear me witnesse) notwithstanding I can prove I have rendered very much good, to those that had done me very much evil, and from whom its known I have deserved better things; yet my aspersions after the last Summers troubles were over, flew abroad a fresh, (for in all that time I had very fair words) and now say but Walwin was a Jesuite, and a Pentioner to the Pope, or some Forraigne State: but for proof not one sillable ever proved one while I was a Leveller, then on a sodaine I drove on the King’s designe, and none so countenanced as those that were officious in telling strange stories and tales of me: Insomuch, as I found it had an effect of danger towards my life; divers of the Army giving out, that it would never be well till some dispatch were made of me; that I deserved to be stoned to death; All which, though I considered it to its full value, yet did it not deterre me from pursuing my just Cause, according to my just Judgement and Conscience; but this was my portion from too many, from whom I may truly say, I had deserved better: yet in all these things it was my happinesse to have good esteem from such as I account constant to the Cause, and uncorrupted men of Army and Parliament, to whose love in this kind, for many years, I have been exceedingly obliged, and who never shunned me in any company, nothwithstanding all reproaches, but ever vindicated me, as having undoubted assurance of my integrity; and believing confidently, that I was asperst for no other cause, but for my perpetuall solicitation for the Common-wealth.

But there is no stopping the mouth of corrupt interests, against which only I have ever steered, and not in the least against persons; being still of the same mind I was when I wrote my Whisper in the ear of Mr. Edwards, Minister; professing still, as there in pag: 3. I did, in sincerity of heart; That I am one that do truly and heartily love all mankind, it being my unfeined desire, that all men might be saved, and come to the knowledge of the truth: That it is my extreme grief, that any man is afflicted, molested or punished, and cannot but most earnestly wish them Edition: current; Page: [6-309] all occasion were taken away—That there is no man weak, but I would strengthen; nor ignorant, but I would reform; nor erroneous, but I would rectifie; nor vicious, but I would reclaim; nor cruel, but I would moderate and reduce to clemency—I am as much grieved that any man should be so unhappy as to be cruel or unjust, as that any man should suffer by cruelty or injustice; and if I could, I would preserve from both.

And however I am mistaken, it is from this disposition in me, that I have engaged in any publique affairs, and from no other—Which my manner of proceeding, in every particular businesse wherein I have in any measure appear’d, will sufficiently evince to all that have, without partiality, observed me.

I never proposed any man for my enemy, but injustice, oppression, innovation, arbitrary power, and cruelty; where I found them, I ever opposed my self against them; but so, as to destroy the evil, but to preserve the person: And therfore all the war I have made, other then what my voluntary and necessary contributions hath maintained, which I have wisht ten thousand times more then my ability; so really am I affected with the Parliaments just cause for the common freedom of this Nation. I say, all the war I have made, hath been to get victory over the understandings of men, accounting it a more worthy and profitable labour to beget friends to the Cause I loved, rather then to molest mens persons, or confiscate mens estates: and how many reall Converts have been made through my endeavours, reproaches might tempt me to boast, were I not better pleased with the conscience of so doing.

Of this mind I was in the year, 1646, and long before; and of the same mind I am at this present; and, I trust, shall ever but be so.

And hence it is, that I have pursued the settlement of the Government of this Nation by an Agreement of the People; as firmly hoping thereby, to see the Common-wealth past all possibility of returning into a slavish condition; though in pursuite thereof, I have met with very hard and froward measure from some that pretended to be really for it: So that do what I will for the good of my native Country, I receive still nothing but evil for my labour; all I speak, or purpose, is construed to the worst; and though never so good, fares the worse for my proposing; and all by reason of those many aspersions cast upon me.

If any thing be displeasing, or judged dangerous, or thought worthy of punishment, then Walwyn’s the Author; and no matter, saies one, if Walwyn had been destroyed long ago: Saies another, Edition: current; Page: [6-310] Let’s get a law to have power our selves to hang all such: and this openly, and yet un-reproved; affronted in open Court; asperst in every corner; threatned wherever I passe; and within this last month of March, was twice advertised by Letters, of secret contrivances and resolutions to imprison me.

And so accordingly (sutable to such prejudgings and threatnings) upon the 28th of March last, by Warrant of the Councel of State; I that might have been fetcht by the least intimation of their desire to speak with me, was sent for by Warrant under Sergeant Bradshaw’s hand, backt with a strong party of horse and foot, commanded by Adjutant Generall Stubber (by deputation from Sir Hardresse Waller, and Colonel Whaley) who placing his souldiers in the allyes, houses, and gardens round about my house, knockt violently at my garden gate, between four and five in the morning; which being opened by my maid, the Adjutant Generall, with many souldiers, entred, and immediately disperst themselves about the garden, and in my house, to the great terror of my Family; my poor maid comming up to me, crying and shivering, with news that Souldiers were come for me, in such a sad distempered manner (for she could hardly speak) as was sufficient to have daunted one that had been used to such sudden surprisals; much more my Wife, who for two and twenty years we have lived together, never had known me under a minutes restraint by any Authority; she being also so weakly a woman, as in all that time, I cannot say she hath enjoyed a week together in good health; and certainly had been much more affrighted, but for her confidence of my innocence; which fright hath likewise made too deep an impression upon my eldest Daughter, who hath continued sick ever since, my Children and I having been very tender one of another: Nor were my neighbours lesse troubled for me, to whose love I am very much obliged.

The Adjutant Generall immediately followed my maid into my Chamber, as I was putting on my clothes; telling me, that he was sent by the Councel of State (an Authority which he did own) to bring me before them: I askt, for what cause? he answered me, he did not understand particularly, but in the notion of it, it was of a very high nature: I askt him, if he had any warrant? he answered, he had; and that being drest, I should see it.

The Souldiers I perceived very loud in the garden; and I not imagining then, there had been more disperst in my neighbours grounds and houses; and being willing to preserve my credit (a Edition: current; Page: [6-311] thing sooner bruised then made whole) desired him, to cause their silence, which he courteously did: Then I told him, if he had known me in any measure, he would have thought himself, without any souldiers, sufficient to bring me before them: That I could not but wonder (considering how well I was known) that I should be sent for by Souldiers, when there was not the meanest civil Officer but might command my appearance: That I thought it was a thing not agreeable to that freedom and liberty which had been pretended.

That now he saw what I was, I should take it as a favour, that he would command his Souldiers off, which he did very friendly, reserving some two very civil Gentlemen with him; so being ready, he shewed me the Warrant: the substance whereof was, for suspicion of treason, in being suspected to be the Author of a Book, entituled, The second part of Englands new Chains discovered: I desired him to take a Copy of it, which was denied, though then and afterwards by my self, the Lieut. Col. John Lilburn (who was likewise in the same Warrant) importuned very much for.

Then I went out with him into Moor-Fields, and there I saw, to my great wonder, a great party of souldiers, which he commanded to march before, and went with me, (only with another Gentleman, at a great distance) to Pauls; yet such people as were up, took so much notice of it, as it flew quickly all about the Town; which I knew would redound much to my prejudice, in my credit; which was my only care, the times being not quallified for recovery of bruises in that kind.

In Pauls Church-yard was their rendezvous; where I was no sooner come, but I espied my Friends, Mr Lilburn and Mr Prince, both labouring to convince the souldiers of the injury done unto us, and to themselves, and to posterity, and the Nation in us: in that they, as souldiers, would obey and execute commands in seizing any Freeman of England, not Members of the Army, before they evidently saw the civil Magistrates and Officers in the Common-wealth, were resisted by force, and not able to bring men to legall trials, with very much to that purpose; and in my judgment, prevailed very much amongst them; many looking, as if they repented and grieved to see such dealings.

Then they removed to a house for refreshment, where, after a little discourse, we perswaded them to release two of Mr Davenish his sons, whom a Captain had taken into custody Edition: current; Page: [6-312] without Warrant: but that kind of errour being laid fully open, they were enlarged with much civility, which I was glad to see, as perceiving no inclination in the present Officers or Souldiers, to defend any exorbitant proceedings, when this understood them to be such.

So the Adjutant Generall sent off the whole party, and with some very few, took us, by water, to his Quarters at Whitehall (where after a while, came in Mr Overton) the Adjutant intending about nine of the clock, to go with us to Darby house.

But the Councel not sitting till five at night, we were kept in his Quarters all that time; where some, but not many of our friends that came to visit us, were permitted.

About five a clock, the Councel sate; so he took us thither, where we continued about two houres, before any of us were called in; and then Mr Lilburn was called, and was there about a quarter of an hour, and then came out to us, and his Friends, declaring at large all that had past between him and them.

Then after a little while, I was called in, and directed up to Sergeant Bradshaw the President; who told me, that the Parliament had taken notice of a very dangerous Book, full of sedition and treason; and that the Councel was informed, that I had a hand in the making or compiling thereof; that the Parliament had referred the enquiry and search after the Authors and Publishers, to that Councel; and that I should hear the Order of Parliament read, for my better satisfaction: so the Order was read, containing the substance of what the President had delivered; and then he said, by this you understand the cause wherfore you are brought hither; and then was silent, expecting, as I thought, what I would say.

But the matter which had been spoken, being only a relation, I kept silence, expecting what further was intended; which being perceived, the President said. You are free to speak, if you have any thing to say to it: to which I said only this, I do not know why I am suspected: Is that all, said he: To which I answered. Yes; and then he said. You may withdraw: So I went forth.

And then Mr Overton, and after him, Mr Prince, were called in; and after all four had been out a while, Mr Lilburn was called in again, and put forth another way; and then I was called in again:

And the President said to this effect, that the Parliament had reposed a great trust in them for finding out the Authors of that Edition: current; Page: [6-313] Book; and that the Councel were carefull to give a good accompt of their trust; in order whereunto, I had been called in, and what I had said, they had considered; but they had now ordered him to ask me a question, which was this: Whether or no I had any hand in making or compiling of this Book? holding the Book in his hand: To which, after a little while, I answered to this effect. That I could not but very much wonder to be asked such a question; howsoever, that it was very much against my judgment and conscience, to answer to questions of that nature which concem’d my self; that if I should answer to it, I should not only betray my own liberty, but the liberties of all Englishmen, which I could not do with a good conscience: And that I could not but exceedingly grieve at the dealing I had found that day; that being one who had been alwaies so faithfull to the Parliament, and so well known to most of the Gentlemen there present, that neverthelesse I should be sent for with a party of horse and foot, to the affrighting of my family, and ruine of my credit; and that I could not be satisfied, but that it was very hard measure to be used thus upon suspicion only; professing, that if they did hold me under restraint from following my businesse and occasions, it might be my undoing, which I intreated might be considered.

Then the President said, I was to answer the question; and that they did not ask it, as in way of triall, so as to proceed in judgment thereupon, but to report it to the House: To which I said, that I had answered it so as I could with a good conscience, and could make no other answer; so I was put forth a back way, as Mr Lilburn had been, and where he was.

After this, they cal’d in Mr Overton, and after him Mr Prince, using the very same expressions, and question to all alike; and so we were all four together; and after a long expectance, we found we were committed Prisoners to the Tower of London, for suspicion of high treason; where now we are, to the great rejoycing of all that hate us, whose longing desires are so far satisfied: And to make good that face of danger, which by sending so many horse and foot was put upon it, a strong Guard hath ever since been continued at Darby house, when the Councel sits.

And now again, fresh aspersions and reproaches are let loose against us, and by all means I, that never was beyond the Seas, nor ever saw the Sea, must be a Jesuite, and am reported to be now discovered to be born in Spain: That because I am an enemy to superstition, therfore they give out, I intend to destroy all Edition: current; Page: [6-314] Religion; and (which I never heard till now) that I desire to have all the Bibles in England burnt; that I value Heathen Authors above the Scriptures: whereas all that know me, can testifie how, though I esteem many other good Books very well, yet, I ever prefer’d the Scriptures; and I have alwaies maintained, that Reason and Philosophy could never have discovered peace and reconciliation by Christ alone, nor do teach men to love their enemies; doctrines which I prize more then the whole world: It seems I am used so ill, that except by aspersions I be made the vilest man in the world, it will be thought, I cannot deserve it: And though I were, yet (living under a civil Government) as I hope, I ever shall do, and not under a Military, I cannot discern how such dealing could be justified: For, admit any one should have a mind to accuse me of treason, the party accusing ought to go to some Justice of the Peace, dwelling in the County or hundred, and to inform the fact; which if the Justice find to be against the expresse law, and a crime of treason; and that the accuser make oath of his knowledge of the fact; then the Justice may lawfully give out a Warrant, to be served by some Constable, or the like civil Officer, to bring the party accused before him, or some other Justice: wherein the party accused is at liberty to go to what Justice of Peace he pleaseth; and as the matter appeareth when the parties are face to face before a Justice, with a competent number of friends about him to speak in his behalf, as they see cause, his house being to be kept open for that time; then the Justice is to proceed as Laws directeth, as he will answer the contrary at his perill; being responsible to the party, and to the Law, in case of any extra-judiciall proceeding; and the Warrant of attachment and commitment ought to expresse the cause of commitment in legall and expresse tearms, as to the very fact and crime; and to refer to the next Gaol delivery, and not at pleasure.

Whereas I was fetcht out of my bed by souldiers, in an hostile manner, by a Warrant, expressing no fact that was a crime by any law made formerly, but by a Vote of the House, past the very day the Warrant was dated: Nor was I carried to a Justice of the Peace, much lesse to such a one as I would have made choyce of, where my Accuser (if any) was to appear openly face to face, to make oath of fact against me, if any were, but before a Councel of State, where I saw no Accuser face to face, nor oath taken, nor my friends allowed to be present, nor dores open; but upon a bare Edition: current; Page: [6-315] affirmation that the Councel was informed that I had a hand in compiling a Book, the title nor matter whereof was not mentioned in any law extant: whereas treason by any law, is neither in words nor intents, but in deeds and actions, expresly written, totidem verbis, in the law. And after, being required to answer to a question against my self, in a matter (avouched by Vote of Parliament to be no lesse then Treason) was committed Prisoner, not to a common County prison, (nor for the time) referred to the next Gaol delivery, by the ordinary Courts of Justice, my birthright, but to the Tower of London, during pleasure, preferred to be tryed by the upper Bench, whereas treason is triable only in the County where the fact is pretended to be committed.

All which I have laboured with all the understanding I have, or can procure, to make appear to be just and reasonable, but cannot as yet find any satisfaction therin; being clear in my judgment, that a Parliament may not make the people lesse free then they found them, but ought at least to make good their liberties contained in Magna Charta, the Petition of Right, and other the good Laws of the Land, which are the best evidences of our Freedoms. Besides, I consider the consequence of our Sufferings; for in like manner, any man or woman in England is liable to be fetcht from the farthest parts of the Land, by parties of horse and foot, in an hostile manner, to the affrighting and ruining of their Families; and for a thing, or act, never known before by any Law to be a crime, but voted to be so, only the very day perhaps of signing the Warrent: And therfore that such power can be in this, or any other Parliament; or that such a kind of proceeding can be consistent with freedom, I wish any would give me a reason that I might understand it; for certainly the meer voting of it, will hardly give satisfaction: And now I well perceive, they had good ground for it, who asserted this belief into the first Agreement of the people; namely,

That as the laws ought to be equall, so they must be good, and not evidently destructive to our liberties; and I wish that might be well considered in making of any Law: And likewise. That no Law might be concluded, before it be published for a competent time; that those who are so minded, might offer their reasons either for or against the same, as they see cause: But I forget my self, not considering that my proposing of this, will be a means to beget a dislike thereof, and may possibly work me some new aspersions.

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I am said likewise to have worse opinions then this; whereof one is, That I hope to see this Nation governed by reason, and not by the sword.

Nay worse yet; That notwithstanding all our present distractions, there is a possibility upon a clear and free debate of things, to discover so equall, just and rationall Propositions, as should produce so contentfull satisfaction, and absolute peace, prosperity and rest to this Nation; as that there should be no fear of man, nor need of an Army; or at worst, but a very small one.

But if I should declare my mind in this more fully, it would, as other good motions and propositions of mine have done, beget me the opinion of a very dangerous man, and some new aspersion; there being some, whose interest must not suffer it to be believed.

And yet it may be true enough; for I could instance a Country, not so surrounded with Seas as ours is, nor so defensible from Enemies, but that is surrounded with potent Princes and States, and was as much distracted with divisions as ours at present is, yet by wisdom so order themselves, as that they keep up no Army, nor dread no war, but have set the native Militia in such a posture, as that all the Countries round about them dare not affront them with the least injury; or if they do, satisfaction being not made, upon demand, in 48 hours, a wel disciplin’d Army appears in Field to do themselves justice; it being a maxim and principle among them, to do no injury, nor to suffer any the least from Forraigners; as also, not to let passe, without severe exemplar punishment, the least corruption in publique Officers and Magistrates; without a due regard unto both which, it is impossible for any people to be long in safety; and to hold authority, or command beyond the time limited by law, or Commission amongst them, is a capitall offence, and never fails of punishment: So that this opinion of mine is not the lesse true because I hold it, but is of the number of those many usefull ones, that this present age is not so happy as to believe: Nor are we like to be happier, till we are wiser.

But as subject as some would make me to vain opinions, there is one that hath been creeping upon us about eight months, which yet gets no hold upon me; and that is. That the present power of the Sword may reign; from this ground, that the power which is uppermost is the power of God; and the power of the Sword being now (as some reason) above the civil Authority, it Edition: current; Page: [6-317] is therfore the power of God: But the greatest wonder in this, is, that some Anabaptists who are descended from a people so far from this opinion, that they abhorred the use of the sword, though in their own defence (to such extremities are people subject to, that think themselves to have all knowledge and religion in them, when in truth it is but imagination and Scripture). As for me, I am of neither of these opinions, but should be glad once-again to see the sword in its right place, in all senses; and the civil Authority to mind as well the essence as the punctilio’s and formalities, but neglecting neither; and that the People would be so far carefull of their own good, as to observe with a watchfull eie, the right ordering and disposing both of the civill and military power; we having no warrant to argue that to be of God, but what is justly derived, attained and used to honest means; the ends, I mean, of all Government, viz. the safety, peace, freedom and prosperity of the people governed; whereas otherwise. Tyrants, Theeves, out-laws, Pirats and Murtherers, by the same kind of arguing, may prove themselves to be of God; which in reall effect, perverts the whole supreme intent of Government, being constituted every where for the punishment and suppression of all evil and irregular men.

But why spend I my time thus, in clearing mens understandings, that so they might be able to preserve themselves from bondage and misery, being so ill requited for my labour? Nay that might have thanks, and other good things besides, if I would forbear? To which truly I have nothing to say, but that my conscience provokes and invites me to do what I do, and have done in all my motions for the Common-wealth; nor have I, I blesse God, any other reason; and which to me is irresistible; unlesse I should stifle the power of my conscience, which is the voyce of God in me, alwaies accusing or excusing me: So that whil’st I have opportunity, I shall endeavour to do good unto all men.

But I have other businesse now upon me, then ever I had, being now in prison, which (I praise God for it) I never was in my life before; where though I think I have as much comfort as another, yet it is not a place I like, and therfore am carefull how to become free as soon as I can, my restraint being very prejudiciall to me; especially considering how the corruptions of some false hearted people doth now break out against me, in renewed clamours and aspersions; which whil’st I labour to acquit my self of it, it proves to me like the laving of the ever-flowing Fountain Edition: current; Page: [6-318] of Slander; the invective brain of some resolved Politicians; for I see I must be asperst, till honesty gets the victory of policy, and true Religion over superstition; the one being the Inventer, and the other the Disperser, as the fore-going discourse will, I judge, sufficiently demonstrate: And therfore henceforth let men say and report what evil they will of me, I shall not after this regard it, nor trouble my self any more in this way of vindication, hoping to find some other way.

Only one aspersion remains, which I thought good to quit here; which is, that I am a Pentioner to some forraign State; which indeed is most false, and is invented for the end, as all the rest are, to make me odious: And truly if men were not grown past all shame, or care of what they said or heard of me, it would be impossible to get belief, for which way doth it appear? I think, nay am sure, that in my house no man (bred in that plenty I was) ever contented himself with lesse, which is easily known—and for the apparell of my self, my Wife and Children, if it exceed in any thing, it is in the plainesse, wherewith we are very well satisfied; and so in houshold stuff, and all other expenses; and for my charge upon publique, voluntary occasions, I rather merit a charitable construction from those I have accompanied with, then any thanks or praise for any extraordinary disbursments: and I am sure I go on foot many times from my house to Westminster, when as I see many inferiour to me in birth and breeding, only the favorites of the times, on their stately horses, and in their coaches; and when I have been amongst my Friends in the Army, as many times I have had occasion, I must ever acknowledge that I have received amongst them ten kindnesses for one; and yet (not to wrong my self) I think, nay am sure, there is not a man in the world that is of a more free or thankfull heart; and have nothing else to bear me up against what good and worthy men (whom I have seen in great necessities) might conjecture of me, when as I have administred nothing to relieve them—when was the time, and where the place, I gave dinners or suppers, or other gifts? For shame, thou black-mouth’d slander, hide thy head, till the light of these knowing times be out; all that thou canst do, is not sufficient to blast me amongst those with whom I converse, or who have experience of my constancy in affection & endeavour to the generall good of all men, but to thy greater torment & vexation, know this, they that entirely love me for the same, are exceedingly increased, and many whom thou Edition: current; Page: [6-319] hadst deceived, return daily, manifesting their greater love to me and the publique, as willing to recompence the losse of that time thou deceivedst them.

And this imprisonment, which thou hast procured me, for my greater and irrecoverable reproach amongst good men; thy poyson’d heart would burst to see how it hath wrought the contrary, so far, as I never had so clear a manifestation of love and approbation in my life, from sincere single-hearted people, as now to my exceeding joy I find.

And possibly for time to come, these notorious falshoods with which the slanderous tongue hath pursued me, may have the same effect upon these weak people thou makest thy instruments, which they have had upon me; and that is. That I am the most backward to receive a report concerning any mans reputation, to his prejudice, of any man in the world, and account it a basenesse to pry into mens actions, or to listen to mens discourses, or to report what I judge they would not have known, as not beseeming a man of good and honest breeding, or that understands what belongs to civil society.

But leaving these things, which I wish I had had no occasion to insist upon, it will concern me to consider the condition I am in; for though I know nothing of crime or guilt in my self, worthy my care, yet considering how, and in what an hostile manner I was sent for out of my bed and house, from my dear Wife and Children; the sense of that force and authors of my present imprisonment, shewing so little a sencibility or fellow-feeling of the evils that might follow upon me and them, by their so doing; it will not be a misse for me to view it in the worst cullers it can bear.

As for the booke called The second part of Englands new chaines discovered: for which Lieut. Col. John Lilburn, Mr Prince, Mr Overton and my self are all questioned: it concernes me nothing at all, farther then as the matter therein contained agreeth or disagreeth with my judgement; and my judgement will work on any thing I read in spight of my heart; I cannot judge what I please, but it will judge according to its owne perceverance.

And to speake my conscience, having read the same before the Declaration of Parliament was abroad; I must professe I did not discerne it to deserve a censure of those evils which that Declaration doth import, but rather conceived the maine scope Edition: current; Page: [6-320] and drift thereof tended to the avoiding of all those evils: and when I had seen and read the Declaration, I wished with all my heart, the Parliament had been pleased for satisfaction of all those their faithfull friends who were concerned therein, and of the whole Nation in generall: To have expresly applied each part of the book to each censure upon it, as to have shewed in what part it was false, scandalous, and reproachfull; in what seditious, and destructive to the present Government, especially since both Parliament and Army, and all wel affected people have approved of the way of settlement of our Government, by an Agreement of the People.

Also that they had pleased to have shewed what part, sentence or matter therein, tended to division and mutiny in the Army, and the raising of a new War in the Common-wealth: or wherein to hinder the relief of Ireland, and continuing of Free-quarter; for certainly it would conduce very much to a contentfull satisfaction, to deal gently with such as have been friends in all extremities; and in such cases as these to condescend to a fair correspondency, as being willing to give reasons in all things, to any part of the people; there being not the least or most inconsiderable part of men that deserve so much respect, as to have reason given them by those they trust, and not possitively to conclude any upon meere votes and resolutions: and in my poor opinion had this course been taken all along from the beginning of the Parliament to this day, many of the greatest evils that have befalne, had been avoided; the Land ere this time had been in a happy and prosperous condition.

There being nothing that maintaines love, unity and friendship in families; Societies, Citties, Countries, Authorities Nations; so much as a condescention to the giving, and hearing, and debating of reason.

And without this, what advantage is it for the people to be, and to be voted the Supreme power? it being impossible for all the people to meet together, to speak with, or debate things with their Representative; and then if no part be considerable but only the whole, or if any men shall be reckoned slightly of in respect of opinions, estates, poverty, cloathes; and then one sort shall either be heard before another: or none shall have reasons given them except they present things pleasing: the Supreme power, the People, is a pittifull mear helplesse thing; as under School-masters being in danger to be whipt and beaten in case they meddle in Edition: current; Page: [6-321] things without leave and licence from their Masters: and since our Government now inclines to a Commonwealth, ’twere good all imperiousnesse were laid aside, and all friendlinesse hereafter used towards the meanest of the people especially (if Government make any dissention at all.)

And truly I wish there had been no such imperious courses taken in apprehending of me, nor that I had been carried before the Councell of State; nor that the Declaration had been so suddenly and with such solemnity proclaimed upon our commitment, there being no harsh expression therein; but what through the accustomed transportation of mens spirits towards these that suffer, but is applied to us, so that we are lookt upon as guilty already of no lesse then Mutiny, Sedition, and Treason; of raising a new War, or hindering the relief of Ireland, and continuance of Free-quarter; insomuch as though now we shall be allowed a legall triall in the ordinary Courts of Justice: as certainly the times will afford us that, or farewell all our rights and liberty, so often protested and declared to be kept inviolable; and within these two years so largely promised to be restored and preserved: yet what Judge will not be terrified and preposest by such a charge laid upon us by so high an Authority, and attached by Soldiers, and sent Prisoners to the Tower: nay what Judge will not be prejudiced against us?

If they should be persons relating to the Army, we are represented as Mutineers: if to the present actings in Government, to such we are represented as seditious and destructive: if such as are sensible of the losse of Trade, who can be more distrustfull to them then those that are said to raise a new Warre: if any of them should be of those who are engaged in the affairs of Ireland, to these we are represented as hinderers of the relief of Ireland: and what punishment shall seeme too great for us, from such as have been tired and wasted with Freequarter? who are pointed out to be the continuers thereof: if any Jurymen should be of that sort of men who stile themselves of the seaven Churches of God, what equity are we like to finde from them who have already engaged against us, by their Pharisaicall Petition, for though they name us not, yet all their discourses point us out as the princiapall persons therein complained of; an ill requitall for our faithfull adherence unto them in the worst of times, and by whose endeavours under God they attained to that freedome they now enjoy; and can Churches prove unthankfull? nay watch Edition: current; Page: [6-322] a time when men are in prison to be so unthankfull as to oppose their enlargement? what to wound a man halfe dead by wounds? a Priest or Levite would have been ashamed of such unworthinesse: what, Christians that should be full of love, even to their enemies, to forget all humanity, and to be so dispightfull to frinds? alas, alas, for Churches that have such Pastors for their leaders; nay for Churches of God to owne such kind of un-Christian dealing: Churches of God, so their Petition denominates them; if the tree should be judged by his fruit, I know what I could say, but I am very loath to grive the spirits of any welmeaning people: and know there are whole societies of those that call themselves Churches, that abhor to be thought guilty of such unworthinesse; Mr Lamb a pastor at the Spittle, offering upon a free debate, to prove the presenters of the Petition guilty of injustice, arrogance, flattery, and cruelty: ye many members of these seven Churches, that have protested against it; and many more that condemn them for this their doing, to whom I wish so much happinesse as they will seriously consider how apt in things of this civil nature, these their Pastors have been to be mistaken, as they were when they misled them not very long since to Petition for a Personall Treaty, which I would never thus have mentioned but that they persist for by-ends, offices or the like (it may be) to obstruct all publick-good proceedings, and to maligne those, who without respect of persons or opinions, endeavour a common good to all men. And truly to be thus fore-laied; and as it were prejudg’d by Votes, and Declarations, and Proclamations of Parliament, under such hideous notions of sedition and Treason; apprehended in so formidable a way, and imprisoned in an extraordinary place, no Bayle being to be allowed: and after all these to be renounced and disclaimed by the open mouthes of the Pastors, and some members of seven Churches assuming the title of the Churches of God; are actions that may in one respect or other, worke a prejudicate opinion of us, in any jury that at this day may or can be found.

So as I cannot but exceedingly prefer the ordinary way of proceedings (as of right is due to every English-man) in Criminall cases by Justices of the Peace, which brings a man to a Triall in an ordinary way, without those affrightments and prejudgings which serve only to distract the understanding, and bias Justice, and to the hazarding of mens lives in an unreasonable manner, which is a consideration not unworthy the laying to heart of every Edition: current; Page: [6-323] particular person in this Nation; for what is done to us now, may be done to every person at any time at pleasure.

Neverthelesse, neither I nor my partners in suffering are any whit doubtfull of a full and clear Vindication, upon a legall triall; for in my observation of trials I have generally found, Juries and Jury-men to be full of conscience, care, and circumspection, and tendernesse in cases of life and death; and I have read very remarkable passages in our Histories; amongst which the Case and Triall of Throckmorton, in Queen Maries time is most remarkeable: the consciences of the Jury being proof against the opinion of the Judges, the rhetorick of the Councell who were great and Learned, nay against the threats of the Court, which then was absolute in power and tyranny, and quit the Gentleman, like true-hearted, wel-resolved English-men, that valued their consciences above their lives; and I cannot think but these times, will afford as much good conscience, as that time of grosse ignorance and superstition did: and the liberty of exception against so many persons returned for Jury-men, is so mighty a guard against partaking, that I cannot doubt the issue.

Besides since in Col. Martin’s Case, a worthy Member of Parliament, it is clear that Parliaments have been mistaken in such censures, as appears by his restauration, and razing all matters concerning his Sentence out of the House Book: And since the Parliament revoked their Declaration against the Souldiers Petitioning in the beginning of the year, 1647 as having been mistaken therein: since they have so often imprisoned Mr Lilburn my fellow Prisoner, and some others, and have after found themselves mistaken; yea since some of these Gentlemen who now approve of the way of an Agreement of the People, as the only way to give rest to the Nation; about a year since voted it destructive to Parliaments, and to the very being of all Governments, imprisoning divers for appearing in behalf thereof.

I am somewhat hopefull, that a Jury will not much be swaied by such their sudden proceedings towards us; as not perfectly knowing, but that they may also have been mistaken concerning us now; for it was never yet known, that Mr Lilburn, or I, or any of us, ever yet had a hand in any base, unworthy, dangerous businesse: though sometimes upon hasty apprehensions and jealousies of weak people, we have been so rendred: But (be this businesse what it wil) I do not know why I should be suspected Edition: current; Page: [6-324] in the least, and can never sufficiently wonder at this their dealing towards me.

And as for any great hurt the Pastors of the seven Churches are like to do, by their petitioning against us, though their intentions were very bad and vile, yet considering how few of their honest members approve thereof, and that the high esteem of the Church-way is a most worn out, being not made (as the Churches we reade of in Scriptures) of everlasting, but fading matter; as the Book, entituled. The vanity of the present Churches, doth fully demonstrate: a little consideration of these things by any Jury, will easily prevent the worst they intended: Wherein also, possibly, they may deserve some excuse, as being (probably) mis-led thereto by the same politique councels, as drew them in, to petition for a Personall Treaty: Such as these being fit instruments for Politicians; as in the former part of this Discourse is evinced.

But, be it as it may, if I be still thought so unworthy as to deserve a prosecution, a fair legall triall by twelve sworn men of the neighbourhood, in the ordinary Courts of Justice, is all I desire (as being even more willing to put myself upon my Country, then on the Court, or any the like Prerogative way) and have exceeding cause to rejoyce in the sincere affection of a multitude of Friends, who out of an assured confidence of our integrity, and sensible of the hard measure we have found, and of the prejudice our present imprisonment might bring upon us, did immediately bestir themselves, and presented a Petition for our present enlargement with a speedy legall triall: whose care and tender respects towards us, we shall ever thankfully acknowledge: But the seven Churches were got before them, and had so much respect, that our Friends found none at all; but what remedy but patience? all things have their season, and what one day denies, another gives.

And so I could willingly conclude, but that I shall stay a little to take in some more aspersions, which are brought in apace still, and I would willingly dispatch them.

I and my fellow prisoners are now abused, and that upon the Exchange, by the mouths of very godly people; so it must run. That say, all our bustlings are, because we are not put into some Offices of profit and Authority, and if we were once in power, we would be very Tyrants: But pray. Sirs, you that are at this loosenesse of conscience, why produce you not the Petitions we presented to your Patrons? Why tell you not the time and place, Edition: current; Page: [6-325] where we solicited for any advantage to our selves? But allow we had done so, with what faces can you reprove us? For shame pluck out the beams out of your own eies, you that have turned all things upside down for no other end, and run continually to and fro to furnish your selves and Friends, thrusting whole families out to seek their bread, to make room for you. And how appears it, that if we were in any power and Authority we would be very Tyrants? We never sought for any, and that’s some good sign; those who do, seldom using it to the good of the publique: And for ought is seen, we might have had a large share if we would have sought it; but account it a sure rule, that into Muse as they use: So generally true is it, that the Asperser is really guilty of what he forgeth against another: And that this may appear, let all impartiall people but look about them, and consider what and who they are, that seek most after offices and power, and how they use them when they have them; and then say, whether those that asperse us, or we who are aspersed, do most deserve this imputation.

Nay, we find by experience, that we are reproacht scarce by any, but such as are engaged in one kind of corrupt interest or other; either he hath two or three offices or trusts upon him, by which he is enriched and made powerfull; or he hath an office in the excise, or customs; or is of some monopolizing company; or interested in the corruption of the laws; or is an encloser of fens, or other commons; or hath charge of publique monies in his hands, for which he would not willingly be accomptable; or hath kept some trust, authority or command in hand longer then commission and time intended; or being in power, hath done something that cannot well be answered; or that hath money upon usury in the excise; or that makes title of tythes, and the like burthenous grievances; or else such as have changed their principles with their condition; and of pleaders for liberty of Conscience, whil’st they were under restraint, and now become persecutors, so soon as they are freed from disturbance; or some that have been projectors, still fearing an after-reckoning; or that have received gifts, or purchased the publique lands at undervalues.

And we heartily wish, that all ingenuous people would but enquire into the interest of every one they hear asperse us; the which if they clearly do, it’s ten to one the greatest number of them by far, will prove to belong to some of those corrupt Edition: current; Page: [6-326] interests forenamed; and we desire all men to mark this in all places: And the reason is evident, namely, because they are jealous (our hands being known to be clear from all those things) that by our, and our Friends means, in behalf of the common good, first or last, they shall be accomptable; and if those who hear any of these exclaiming against us would but tread, their corrupt interests a little upon the toe where the shoe pinches, they might soon have reason of them, and they will be glad to be silent: and this is a medicine for a foul mouth, I have often used very profitably.

And now comes one that tels me, it’s reported by a very godly man, that I am a man of a most dissolute life, it being common with me to play at Cards on the Lord’s day; there is indeed no end of lying and backbiting; nor shame in impudence, or such palpable impostors could never be beleived; and I am perswaded the Inventers would give a good deal of money I were indeed addicted to spend my time in gaming, drinking or loosnesse; from which I praise God, he hath alwaies preserved me, and hath so inclined my mind and disposition, as that it takes pleasure in nothing but what is truly good and virtuous; the most of my recreation being a good Book, or an honest and discoursing Friend: Other sports and pastimes that are lawfull and moderate, though I allow them well to yet I have used them as seldom my self as any man, I think, hath done: But I see, slander will have its course; and that a good conscience, and a corrupt interest can no more consist in one and the same person, then Christ and Belial.

And for a conclusion to all these scandals, it is imposed upon us, that we are an unquiet, unstaied people, that are not resolved what will satisfie us; that we know not where to end, or what to fix a bottom upon—and truly this hath been alwaies the very language of those, who would keep all power in their hands, and would never condescend to such an issue as could satisfie; such as would content themselves with the least measure of what might justly be called true freedom: But what sort of men ever offered at, or discovered so rationall a way for men to come to so sure a foundation for peace and freedom, as we have done and long insisted on, namely, by an Agreement of the People, and unto which we all stand: As for the way, and as to the matter, we have been long since satisfied in our selves, but our willingnesse to obtain the patronage of some thereto, instead of furtherance, Edition: current; Page: [6-327] procur’d its obstruction: Because we cannot submit to things unreasonable, and unsafe in an Agreement, shall any brand us, that we are restlesse, and have no bottom? Certainly it had been time enough for such an aspersion, if there had been a joynt and free consent to what was produc’t and insisted on by others.

For till a bargain be made, both parties are free, and may raise the price, as occasion invites; so hath it been in our case: At first, the little short Agreement was by us thought sufficient; and had that been establisht, we had rested there: but that being baffled, as the burnt Petition had procured that Agreement, so the baffling of that usher’d in, and occasioned the fulnesse, the largenesse of that Agreement which Mr Lilburn publisht: and if that had been assented to, and established, we had rested then; and untill after contract, all complaints are unjust; and now if the baffling of this last, thorow further observation and teachings of necessity; the next in motion should exceed both the former in clearnesse of freedom, and removall of all grievances: would it not rather be a good improvement of this time of suspension, then deserve the aspersion of unsetlednesse: We wish those that upbraid us of unsetlednesse, would settle according to promise; and if after, we content not our selves, and stand to what is setled, then, and not before, let us be thus asperst: God knows, how exceedingly we long to see this Nation out of danger, misery, and poverty it is like to run into through losse of trade, and by reason of the enmity continued amongst us, for want of such a settlement as we desire; and which are defects, if by some mens policies it had not been prevented, had been long since setled, as we verily believe, to the contentfull satisfaction of all sorts of people, and to the restoring of that peace, amity, love and friendship, which hath been too long absent from us; and untill which be restored, this Nation will never flourish with that plenty of trade and commerce, which alone can produce the happinesse and prosperity of this impoverished and wasted Nation.

Lastly (yet I am out of hope it will be the last, for I see no end of this ever-flowing fountain) I am accused to have said, I never would petition the Parliament, if I thought they would grant what I petitioned for; which, I professe, is most false and absurd; for I never had any hand in any Petition, but I desired with all my heart it might be granted; and am perswaded, if those I and my Friends have presented, had been granted, it had been much better with the Common-wealth then now it is; for we have been Edition: current; Page: [6-328] ever watchfull for the good of England, though now we are requited with a prison and aspersions for our labour: and if the present time should be so froward as to reject the light we bring, yet our comfort is, that our principles are of a growing nature, as having the power of truth in them: so that we cannot doubt, but England will be the better for our motions and endeavours to all generations.

I little thought when I began this work, that it would have drawn me out to such a length, much beyond my disposition; but if I can avoid it, I shall make amends, and never trouble the World any more in this kind: Nor had I done thus much, but that through my easily pierced sides, they wounded the cause, I shall promote whil’st I have breath; they wound the reputation of the Family whereof I am; and may too much wound with grief my dear and ancient Mother, whom I have the greatest cause to love; my Wife and Children also are deeply wounded in my reproaches, whom I value ten-fold above my life; and upon whom, whensoever I shall leave the world, I would leave no blemish: Nor should I, could my heart be truly understood; for how exceedingly short soever I may come of doing my duty in all cases, yet are my desires, inclinations, and intentions, as reall to the publique, as free from basenesse in my particular walkings and occasions; as the corrupt Fountain of Slander is full of malice, treachery and impudence.

Nor could I, as the case is now with me (this restraint being very much to my prejudice) bear up my spirit with that contentednesse, I bless God, I do; were it not for the integrity of my Conscience towards all men: And whereas long since I had concluded it for a most excellent truth, my experience now tels me, that affliction is ten thousand times better then sin; and that the innocent have more chearfulnesse in a Dungeon, then corrupt and wicked men have, though they are cloathed in Purple, and fare deliciously every day.

This Discourse being thus far furnished immediately after I came into prison, I did forbear to print it, because of its largenesse, far exceeding my inclination; and was much better satisfied to fall in with my partners in sufferings, in publishing our joynt manifestation of the 4th of April, 1649 wherein we conceived, we had given full satisfaction to all men, and stopt the mouth of slander it self; and after that, according to our promise therein, having upon the first of May, 1649. published an Agreement of Edition: current; Page: [6-329] the People, to take off that scandall then upon us, that we would rest or bottom no where: As my three partners did, so did I judge my writing work at end, as not knowing or conceiving that any thing remained in objection against me, that was not either expresly or impliedly cleared and resolved.

And thereupon began to take some more content, that I had not published this Discourse: When lo, on a sudden, just as I was to be made a close Prisoner, there belches out from the corrupt Fountain of Slander, such a foggy mist of lies, invectives and slanders, as would have choakt any but the spawn of envy and malice to have uttered them: But that venome which destroyes men, I see, is the life-bloud of such ingratefull serpents, as now for former kindnesses, watch this time of my affliction, to choak me with their pestilentiall breath.

But, I blesse God, I am proof against it, I have a certain antidote they are not acquainted withall, that published Walwyn’s Wyles; it’s called, a good Conscience; which tels me, if that Book had been named by its true Father, and Father of lies, it would have been entituled (for he sometimes speaks truth) Lies of Walwyn: But it finds nothing in me, whereof to condemn my self; and why then I should take so much pains as to answer them, I cannot yet resolve: especially considering my causlesse close imprisonment, hath somewhat weakned me: and possibly, being so fully known as I am, and being now thus restrained, some may wish me so well, as to write in my vindication; if not, possibly I may do it my self.

In the mean time, the ingenuous Reader of this will be indifferently well prepared to a right understanding, whence all this filthy matter proceedeth; it being evident by what hath been written, that the Politicians of this world are Satan’s chief Agents, by whom all discords and dissentions amongst men are begot and nourished: and that the Politicians chief Agent is his tongue, wherewith in an evil sense, and to an evil end, he speaks to every man in his own language, applies himself to every man’s corrupt humour and interest, by it he becomes all things to all men, that by all means he might deceive some.

And whom by flattery and delusion he gains not, by slander he labours to destroy; his brain is the forge of mischief, the Fountain of Slander, and his tongue set on fire of hel (as Saint James speaks)

Yet his words are cool as the dew, smooth as oyl, and sweet as the purest honey, weeps and kils, smiles and stobs, praieth, fasteth, and sometimes preacheth to betray, shrouds himself Edition: current; Page: [6-330] under the finest cloak of Religion, takes on him the most zealous form of godlinesse, and in this shape securely casts his nets to catch plain-meaning people.

Such as himself are his associates; for without confederacy, much cannot be effected; and superstitious people, and their Idolaters, upon whose ignorant zeal they work, and by whom (as by men religious, not prophane) they disperse and send abroad their reproaches and slanders without suspicion.

Yet as godly as they appear, and as close as they keep, if you but once take the boldnesse to suspect them, they are discovered; for as their Father is said not to be able to hide his cloven foot, so neither can these hide their double dealing: do but never so little watch them, and you shall find they are made up of Contradictions:

Very Religious in shew, but very covetous in deed, given to usury and oppressive gain, can possesse the worlds goods in abundance, yet suffer their Brethren to lack necessaries, yea, to lie and starve in prisons through penury and hunger: they can be clothed, as in purple, and fare deliciously every day, but poor Joseph’s and Lazarus’s tears and cries are despised by them: Seemingly humble, but upon advantage, none more violent, imperious, inhumane or bloud-thirsty then they: obstructers of justice, and all good things, neither doing it themselves, nor permitting others.

In a word, observe them well, and you shall see Christ and Belial, God and Mammon in one and the same person; Christ in shew, the other in reality:—Men they are, that have no ties or bonds upon them, letting themselves loose to lying, dissimulation, slandering, backbiting, and all kinds of circumvention; God, Conscience, Religion, Reason, Virtue, are but meer tearms and notions in them, serving them to no other purpose, but to deceive the more effectually: And to speak them all at once, they are the most ingratefull men in the world.

Their principall work is to make proselytes, to corrupt the best parted, and most able Wits to take part with them; shewing them all the glories of the world, if they will fall down and worship them; and if they can but get them to embrace any corrupt way of living, or but plant them in any corrupt interest, they are theirs for ever, and must not stop at any wickednesse, baits which have taken too many precious spirits in these warping times.

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And if this Discourse of mine serve but somewhat to warn all wellmeaning people, so as to beware of this kind of men, or rather Monsters; I shall have the utmost benefit I expect therein; praying God to blesse all my weak indeavours and sufferings to the information of men, and good of the Nation.

The Printer to the Reader

Mend the Printer’s faults, as thou doest them espy, For the Author lies in Gaol, but knows not why.

FINIS

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John Lilburne

Lilburne, John

8 June 1649

[16]

6.16. John Lilburne, The Legall Fundamentall Liberties of the People of England Revived, Asserted, and Vindicated (London, n.p., 8 June 1649).

Source

John Lilburne, The Legall Fundamentall Liberties of the People of England Revived, Asserted, and Vindicated. Or, An Epistle written the eighth day of June 1649, by lieut. Colonel John Lilburn (Arbitrary and Aristocratical prisoner in the Tower of London) to Mr. William Lenthall Speaker to the remainder of those few knights, Citizens, and burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster (as most fit for his and his Masters designes, to serve their ambitious and tyrannical ends, to destroy the good old Laws, Liberties and Customs of England, the badges of our freedom (as the Declaration against the King, of the 17 of March 1648, pag. 23. calls them) and by force of arms to rob the people of their lives, estates and properties, and subject them to perfect vassalage and slavery, as he cleerly evinceth in his present Case etc. they have done) who (and in truth no other-wise) pretendedly stile themselves (the Conservators of the peace of England, or) the Parliament of England, intrusted and authorised by the consent of all the people thereof, whose Representatives by election (in the Declaration last mentioned, pag. 27. they say) they are; although they are never able to produce one bit of a Law, or any piece of a Commission to prove, that all the people of England, or one quarter, tenth, hundred, or thousand part of them authorised Thomas Pride, with his Regiment of Souldiers, to chuse them a Parliament, as indeed he hath de facto done by this pretended mock Parliament: And therefore it cannot properly be called the Nations or Peoples Parliament, but Col. Pride’s and his associates, whose really it is; who, although they have beheaded the King for a Tyrant, yet walk in his oppressingest steps, if not worse and higher. John 7.51. Doth our Law judge any man, before it hear him and know what he doth? Acts 24.23. And he commanded a Centurion to keep Paul and to let him have liberty, and that he should forbid none of his acquaintance to minister, or come unto him, (although in ver. 5. he was accused for a most pestilent fellow, and a mover of sedition throughout all the world.) Acts 25.27. For it seemeth to me Edition: current; Page: [6-333] unreasonable (saith the heathen Judge) to send a prisoner, and not withall to signifie the crimes laid against him. Acts 28. 30. And Paul (in his imprisonment at Rome under the heathen persecutors) dwelt two whole years in his own hired house, and received all that came in unto him. London, Printed in the grand yeer of hypocriticall and abominable dissimulation. 1649. (London, n.p., 8 June 1649).

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SIR,

FOr distinction-sake, I will yet stile you Mr. Speaker, although it be but to Col. Pride’s Junto or Parliament, sitting at Westminster, (not the Nation’s, for they never gave him Authority to issue out Writs, elect or constitute a Parliament for them) and you being their mouth, I could not think of any man to whom I could better direct my Lines at present to, (in my great Oppressions by You, and your Lord and Master Cromvvel] then your self: And therefore cannot now chuse but put you in minde, That the 4th. April, 1648. when I was like unjustly to be destroyed by Mr. Oliver Cromwell in my late unjust and tyrannicall Imprisonment in the Tower; I writ you a large Epistle, and stiled it in print, The prisoners Plea for a Habeas corpus; in the 9, 10, 11, 12, 13 pages of which, I positively accuse Mr. Oliver Cromwell for a wilfull murderer, and desire you there to acquaint your House therewith (who then had some little face of a Parliament stamp upon it) and, That I would engage upon my life to prove him to be so by Law: You your selves in your Declaration of the 4th. March, 1647. in answer to the Scotch-Commissioners Papers Declare p. 5. 16. that the subduing the enemies forces in the Nation, (which then were, as you there say, wholly subdued & suppressed) though the Parliament keep up an Army, in a time of peace, when all the ordinary Courts of Justice were open, where only and alone, all Law and Justice ought to be dispensed to all Englishmen in all cases whatsoever, yea, even to Soldiers as well as others; as in the aforesaid pages, and in Mr. Overtons and My printed Epistle to the Generall (in Mr. Lockiers behalf) of the 27 April, 1649. is by Law undeniably proved; which Epistle you may read at the last end of the second Edition of my Picture of the Councell of State: And yet about or upon the 15 Nov. 1647. near Ware in Hertford-shire, He, &c. wilfully and offer-malice murdered Rich. Arnell, a freeborn Englishman; and so shed the bloud of War in the time of Peace, which was Joabs case in reference to Abner and Amasa, 2 Sam. 3. 27. and 20. 10. of whom when David delivered his charge to his son Solomon, he saith thus, Moreover, thou knowest also what Joab the son of Zerviah did to me, and what he did to the two Captains of the host of Israel, unto Abner the son of Ner, and unto Amasa the son of Jether, whom he slew, and shed the blood of war in peace, and put the blood of war upon his girdle that was about his loins; and in his shoos that were on his feet: Doe therefore (saith he) according to thy wisdom, and let not his hoary head goe down to the grave in peace, 1. Kings 2. 5. 6. which charge he accordingly performed; and so delivered himself and his Fathers house from the guilt of innocent blood, ver. 29, 30, 31, 32, 33. And you may also remember that upon the 19 of Jan. 1647. at your Barr I openly delivered a formal charge or impeachment of high Treason (according to your own Ordinances) against the foresaid Mr. Oliver Cromwell, and his subtil machevilian son-in-Law Mr. Henry Ireton, for their notorious doing that in reference to the King; for but the petty acting of which in comparison to theirs, they impeached Mr. Denzill Hollis, Sir Philip Stapleton, &c. of high Treason, (as appeareth in their own Book of Declarations, pag. 81, 82. Article 2 & 3.) and forcibly expunged them your House as Traytors therefore.

And in the foresaid pages of my plea for a Habeas Corpus, I truly acquaint you with the plot and design, Master Cromwell laid to take away my life, for but a little opposition to the King, whose professed and avowed proctors he and Edition: current; Page: [6-337] his son in Law Ireton were at that time, both openly in your House, and in the Generall Councell at Putney, nay and gave him leave to peruse and correct with his own hands their Proposals and Declarations before they published them. And yet, when the King would be no longer subservient to Oliver and his band of Tigers, they as the principall instruments caused his head to be chopt off as a Traytor and Tyrant for exercising, (as in the Declaration of 17 of March 1648. against him they declare) opression, and arbitrary power against Law, overthrowing the annuall constitution of Parliaments, imprisoning and presecuting of men, for opposing his unlawfull will, for setting up multitudes of projects and monopolize against Law, and so breaking that most excellent Law, the Petition of Right (as they call it there page 7) for endeavouring to bring in the Germain Horse to awe us into slavery and bondage, and by private solicitations, promises of rewards, and threats from him unto the Judges of Law, to cause them to do his will rather then equall Right, and to break his and their own Oaths, for the oppressions of the Councell Table, Star-Chamber, High-Commission, &c. for protecting Delinquents from Justice, for giving profuse donations of yearly salleries and pensions, to such as were found or would be made fit instruments or promoters of tyranny, protecting his own and the Lords servants from arrests and processe of Law, his breach of faith, of oaths, protestations and declarations; unto act which offences were joyned (say you in your said Declaration against him of the 17 of March 1648 pag. 15.) all along a strange obstinacy and implacablenesse, and uncessant labour for the destruction of his people; which (with the unerring truth wherein is no dispensation for Kings) and say I for Parliament-men neither) that no satisfaction shal be taken for the life of a murtherer, but he shall surely be put to death; and that the land cannot be clensed of the bloud that is shed therein, but by the bloud of him that shed it) brought on and effected the worke of Justice upon him.

Of all which crimes and charges, and all your others against the King contained in your foresaid Declaration, I know not three of them, but Cromwell and his Confederates in your pretended House and Army, are as guilty of the like in kind, though under a new name and notion, as the King was of the forementioned (if not more guilty, in that they have so often and largly promised ease and redresse in the same things; encouraged and engaged the people to pour out their monies, and their blouds for seven or eight years together for that very end and no other) and in that they doe the very same things as is obvious and cleer to every rationall and unbiased eye in the whole Nation, and which in a good measure may be evinced in my own particular case, which is my intended task at this time to make appear.

But to save my self a new labour of writing things twise over, I shall here insert my Plea (yet never visible to the People of England) against the late House of Lords, and Wollaston their Gaoler of Newgate, which I prepared for (and carried to) the Committee of Indemnity the 20 of June 1648. Where the Lord Munson had the Chair, (in regard the greatest part of it is almost as pertinent to my present businesse as if it had been purposely framed for it) for the effecting of which I shall (in truth) endeavour without welt or guard) as well as God and those abilities he hath given me, will enable me to state in fact, law, your own Declarations and the Armies, your dealings with me at present; which that I may the better do, I shall here insert my said Plea to the Committee of Indemnitie first, and then unto it, add or joyn what I have besides at present to say for my self and my instant sufferings, but in the first place the plea it self thus followeth.

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John Lilburn

Lilburn, John

The PLEA it self thus followeth.

May it please this Honourable Committee,

I Was commanded by you, upon Tuesday the 13 day of this present June 1648, to bring in an Answer this day to the Petition and complaint of Henry Wollastone Kepeer of the prison of Newgate, in which Petition he complains that I have brought an action at the common Law against him, for detaining me in safe custody according to his duty, by vertue of a Warrant from the House of Lords; and therefore prayes indemnity for his acting therein in obedience to the Authority of Parliament, and his trebble damages, and that at common Law there may be no further proceedings in the said Action. And being demanded by the then Chairman of this Committee whether I had caused such an Action to be commenced, yea or no, I positively declared, I had, and that I had very good ground in Law so to do, considering that the Law of England (which is my Birth-right and Inheritance) requires, That I shall not be deprived of my Liberty but by due processe of Law, according to the Laws of the Land; and that if any shall detain my body in prison without legall Authority, he is liable in Law to make me satisfaction therefore: but Mr. Wollastone had kept me in prison divers weeks by vertue of a pretended Warrant of the single House of Lords, who in Law, I will maintain it, have not the least power in the World to commit my body to prison: yet they did (upon the tenth day of June 1646, laying no crime to my charge) command me to be kept for all my short eternity in this world; for the Warrant is, during their pleasures: and then by another illegall Warrant, within fourteen dayes after, dated the 23 of June 1646, they (for no cause in the world) commit me close prisoner, and command that I be not permitted to have pen, ink nor paper, and that none shall have accesse unto me in any kinde, but onely my Keeper, untill the Lords otherwise please. Which most illegall Warrant Mr. Wollastone executed upon me with a great deal of severitie and barbarism, not permitting my Wife to come into the prison yard to speak with me at a distance out of my grates, nor suffering me to receive either meat, drink, or money, or any other necessaries from the hands of my Edition: current; Page: [6-339] Wife, servant, or friends, nor suffering me to see their faces when they sent me in my diet: All which usages are against the Laws and Statutes of this Kingdom: and therefore I have cause and ground enough in Law, to seek for my remedy in Law against the said Mr. Wollastone; and I hope the Members of this Committee have taken too many Oaths to maintain the fundamentall Laws of the Land, and the Liberties of the People, then now to go about to deprive me of the benefit of them.

It is true, you sit here by vertue of an Ordinance of both Houses, to indemnifie all those that have acted or done, or commanded to be acted or done, any thing by sea or land, by the Authority, or for the service or benefit of this present Parliament: But under the favour of this Committee, I do conceive, That the said Ordinance, which is your Commission, doth not in the least authorise you to meddle with my present case; forasmuch as I do not prosecute Mr. Wollastone for actions done by the Command and Authority of Parliament, but for actions done directly against their Authority publickly declared in the Laws of the Kingdom, and their own Declarations: and I hope this Committee will not so much undervalue their own House, as to adjudge the House of Lords singly to be the Parliament of England, nor their single Order to be the Parliaments Authority of England: and if not, then I cleerly conceive, that upon your own principles, you have nothing to do with my business before you; neither can I conceive, that you can in the least judge Mr. Wollaston’s illegal and barbarous actions done upon me, to be for the service and benefit of the Parliament, but rather the quite contrary, by rendering them odious and abominable in the eyes of the people, if they shall patronize such tyrannicall doings, after they have taken so many Oathes to maintain the Laws and Liberties of the Kingdom, and caused so much English bloud to be shed pretendedly therefore.

Whereupon, after a little debate amongst the members of this Committee by themselves, my L. Munson the Chairman thereof was pleased to tell me, that the business was weighty, and did concern the Priviledges of the Lords House; and therefore they judged it convenient to put it off till this day, and to acquaint the Lords with it, that so, if they pleased, some of them might here be present: and you also ordered me to fit my self with a formall Answer to the Petition, which accordingly I have done, and with the favour of this Committee, giving me free leave to speak, I am ready to deliver unto you, and do deliver it unto you thus.

My Lord, I read in the Statutes of 4. Edw. 3. ch. 4. and 36. Edw. 3 ch. 10. and in the tyrannical Act made this Parliament 16 C. R. and in the 4 part Cooks Instit. fol. 9. 11. 37. 38. 39. 41. 42. and 1 part Book Decl. pag. 701, 702, that Parliaments are principally called for the maintenance of the Laws, and for the redresse of divers mischiefs and grievances that daily happen; and sutable to this are the ends contained in the Writs that summon them, and the intentions of those that chuse the Members and send them.

And if Parliaments be principally called for the maintenance of the Laws, and redresse of mischiefs and grievances, then not for the destruction of the Laws, nor for the increase of mischiefs and grievances. And therefore when this present Parliament in the dayes of their virginity and primitive puritie, in their Actions, Declarations, and Remonstrances expressed much zeal, Edition: current; Page: [6-340] for accomplishing of those ends for which they were trusted in providing for the safety of the Kingdom, and peace of the people, which you call God to witness is your only aime, protesting in the presence of the all seeing deity, that the foresaid ends is the only end of all your counsels and indeavours, wherein you are resolved to continue freed, and inlarged from all private aims, personall respects or passions whatsoever, and persevere in the vigorous indevoring to preserve the Laws and Liberties of this Land, though you should perish in the work,* calling upon God, that sees your innocency; and that you have no aims but at his glory & the publick good for protection in your straits; I say yet notwitstanding all this, the King to make you odious, and to be deserted of the people, in several of his Declarations Declares that all these were but guilded dissimulations, it being your reall intentions to destroy Liberty and property, meum and tuum, and to subvert the Lawes and introduce new forms of arbitrary government, and to introduce Anarchy, a paritic and confuon by levelling of all degrees & conditions, and to monopolise into your hands all the rich and great places in the Kingdom, for your own particular advantage and profit; and to get such a power into your hands, as thereby to enable you inevitably to destroy all that opposed you; and that the maintenance and advancement of Religion, Justice, Liberty, Propertie, and peace, are really but your stalking horses, and neither the grounds of the war, nor of your demands; and that for all your fair pretences to the people, you will extirpate the Law, root, and branch, alter the whole frame of Government, and leave not any thing like Law, Liberty or Property, introduce Democracy and Parity, and leave nether King, nor Gentlemen; and so the people will too late discover all this to their costs, that they have undone themselves with too much discretion, and obtained nothing by their compliance with you, and adherence to you, but to be destroyed last, 1 part Book Declar. pag. 284, 285, 298, 316, 320, 334, 378, 514, 515, 520, 521, 530, 539, 543, 550, 558. 2 Part, pag. 100, 102, 112, 113, 117. In answer unto all which, to disprove what he saith, and keep up your reputations amongst the people for a company of honest men, that really sought their good, and always intended to be as good as their words, promises, and engagements in your declarations of the 19 of May 1642. 1 Part, Book Decl. Pag 207. you repeat your votes, against which the King excepts, the weight of which lieth in these words: That the Kingdom hath been of late, and still is in so eminent danger, both from enemies abroad, and a popish discontented party at home; that there is an urgent and an inevitable necessity, for puting the Kingdom into a posture of defence, for the safegard thereof; and that in this case of extreme danger, and his Majesties refusall, the Ordinance of Parliament agreed upon by both Houses for the Militia, doth oblige the people, and ought to be obeyed, by the fundamentall Lawes of this Kingdom. By all which (say you) it doth appear, That there is no colour of this tax, that we go about to introduce a new Law; much less to exercise an Arbitrary power, but indeed to prevent it; for this Law (say you) is as old as the Kingdom, That the Kingdom must not be without a means to preserve it self: and in the conclusion of the same Decl. Pag. 214. speaking of the many difficulties you grapple with, the many hazards you undergo in your places, you conclude thus, yet we doubt not but we shall overcome all this at last, if Edition: current; Page: [6-341] the people suffer not themselves to be deluded with false and specious shewes, and so drawn to betray us to their own undoing, who have ever been willing to hazard the undoing of our selves, that they might not be betrayed by our neglect of the trust reposed in us; but if it were possible the Kings party should prevail, herein yet (say you) we would not fail, through Gods grace still to persist in our duties, and to look beyond our own lives, estates and advantages, as those who think nothing worth the enjoying without the libertie, peace, and safety of the Kingdom; not any thing too good to be hazarded in discharge of our consciences, for the obtaining of it; and shall always repose our selves upon the protection of the Almighty, which we are confident shall never be wanting to us (while we seck his glory.) And in your Declaration of the 26 of May 1642, which is an answer to the Kings Declaration of the 4 of May, about the business of Hull, in the 1 Part Decl. pag. 263. speaking of the new engine of the Malignant party about the King, to beget and increase distrust, and disaffection between the King, the Parliament, and the People; We cannot (say you) be so much wanting to our own innocency, or to the duty of our trust, as not to clear our selves from those false aspersions, and (which is our chiefest care) to disabuse the peoples minds, and open their eyes that under the false shews and pretexts of the Laws of the Land, (frequently interwoven in his Majesties foresaid Declaration) and of their own Rights and Liberties; they may not be carried into the road-way that leadeth to the utter ruine and subversion thereof, and to destroy them both with their own hands, by taking their Lives, Liberties, and Estates out of their hands whom they have chosen and entrusted therewith, and resigning them up unto some evil Counsellors about his Majestie, who can lay no other foundation of their own greatness, but upon the ruine of this Parliament; and in it of all other Parliaments, and in them of the freedom of this Nation: And these are the men that would perswade the people that both Houses of Parliament containing all the Peers, & representing all the Commons of England, would destroy the Lawes of the Land, and Liberties of the Peoples wherein besides the trust of the whole, they themselves in their own particulars have so great an interest of honour and estate, that we hope it will gain little credit with any that have the least use of reason, that such as must have so great a share in the misery, should take so much paines in the procuring thereof, and spend so much time and run so many hazards to make themselves slaves, and to destroy the property of their estates. But remarkable are your words in the same Declaration pag. 267. where you say, You have given no occasion to his Majestie to declare his resolution with so much earnestness, that he will not suffer either or both Houses by their votes without or against his consent to injoyn any thing that is forbidden by the Law, or to forbid any thing that is injoyned by the Law; for our votes (say you) have done no such thing, and as we shall be very tender of the Law (which we acknowledge to be the safegard and custody of all publick and private interests, &c.) And in the same declaration having argued it soundly against the King, for the calumniations and aspersions cast upon you as you are pleased to call them in; p. 270. you have these words, All this considered, we cannot but wonder, that the contrivers of the aforesaid message, should conceive the people of this land to be so void of common-sence, Edition: current; Page: [6-342] as to enter into so deep a mistrust of those that they have, and his Majestie ought to repose so great a trust in, as to dispair of any security in their private estates, by dissents, purchases, assurances, or conveyances, unless his Majestie should by his vote, prevent the prejudice they might receive therein by the votes of both Houses of Parliament, as if they who are especially chosen and intrusted for that purpose, and who themselves must needs have so great a share in all grievances of the Subject, had wholy cast off the care of the Subjects good, and his Majestie had soly taken it up.

And in your most notablest of Declarations, made about Agust 1642. 1 Part Book Decl. pag. 491. wherein you indeavour to give an account to the world of the justice of your proceedings, in being necessitated to take up armes against his Majesty, who you say was then in armes against you and the Kingdom, for the suppression of the Lawes and Liberties thereof; which you say every honest man is bound to defend, especially those that have taken the late Protestation, in which Declaration you declare, that the long designe which hath been carried on to alter the frame and constitution of the Government of the Kingdom, from Law and Liberty, to slavery and vassaladge, is now come to ripeness; there you go on to declare an Epitome of the Kings dealings with the Kingdom before this Parliament; in which time you say the Lawes were no defence nor protection of any mans right; all was subject to will and power, which imposed what payment they thought fit, to drain the Subjects purse of, and supply those necessities which ill councels had brought upon the King, or gratifie such as were instruments in promoting those illegall and oppresive courses. They who yeelded and complyed, were countenanced and advanced, all others disgraced and kept under, that so mens mindes made poor and base, and their Liberties lost and gone, they might be ready to let go their Religion, whensoever they should be resolved to alter it; and then ennumerate divers strange actions of his done to the Kingdom since this Parliament; and in pag. 494. you declare, that after his ill councel had got him from the Parliament, then they doe work upon him and upon the Queen, and perswade her to retire out of the Kingdom, and carry him further and further from the Parliament, and so possess him with a hatred of it, that they cannot put words bitter enough into his mouth, to express upon all occasions; they make him cross oppose and envy upon all the proceedings of Parliament, incourage and protect all those that will affront it, take away all power and authority from it to make it contemptible, and of less esteem then the meanest Court, draw away the members, commanding them to come to him to York, and insteed of discharging their duty in the service of the Parliament, to contribute their advice, and assistance to the destruction of it, indeavouring an arbitrary Government, a thing (say you) which every honest Morall man abhors; much more the Wisdom, Justice, and Piety of the two House, of Parliament; and in truth such a charge as no rational man can beleeve it, it being unpossible so many several persons as the Houses of, Parliament consist of about 600; and in either House all of equall power, should all of them, or at least the major part, agree in Acts of Will and Tyranny, which makes up an arbitrary Government; and most improbable that the Nobility and chief Gentry of this Kingdom, should conspire to take away the Law by which they injoy their estates, are protected Edition: current; Page: [6-343] from any act of violence and power, and differenced from the meanest fort of people, with whom otherwise they would be but fellow servants; so having given an answer to his charges laid upon you in pag. 496. you vehemently presse the people to come in to the help of the Parliament (against the Kings forces) And save themselves their Laws and Liberties, and though both they and we (say you) must perish, yet have we discharged our consciences, and delivered our soules, and will look for a reward in heaven; should we be so ill required upon earth, as to be deserted by the people, whom in the next page you tell, nothing will satisfie the King and those evill men with him, but the destruction of this Parliament, and to be Masters of Religion and Liberties, to make us Slaves, and alter the Government of this Kindom, and reduce it to the condition of some other Countryes which are not governed by Parliaments, and so by Laws, but by the will of the Prince, or rather of those who are about him; And therfore in the zeal of your Spirits, you declare your resolved resolutions to continue firme to maintain the Laws and Liberties of your Country, according to your duty; saying, Woe be to us if we do it not, at least doe our utmost endeavours for the discharge of our duties, and the saving of our souls, and leave the successe to God Almighty; and you conclude with these words; and therefore we do here require all who have any sence of piety, honour, or compassion, to help a distressed State, and to come in to our aid and assistance.

And in your reply to the Kings Answer of yours, of 26 May 1642. 1 part Book Declar. pag. 693. you declare with indignation your abhorrance of the Kings charging you by your votes to dispose of the peoples lives, liberties and estates, contrary to the Law of the Land, & throw back the Charge upon himself and those that are about him. And in the next page you say thus, and for that concerning our inclination to be slaves, it is affirmed, that his Majestie said nothing that might imply any such inclination in us, but sure, what ever be our inclination, slavery would be our condition, if we should go about to overthrow the Laws of the Land, and the propriety of every mans estate, and the liberty of his person; for therein we must needs be as much Patients as Agents, and must every one in his turn suffer our selves, what ever we should impose upon others as in nothing we have laid upon others we haue ever refused to do or suffer our selves, and that in a high proportion. And then when you come in the next page to speake of the Kings, charging of you that you afect to be Tyrants, because you will admit no rule to Govern by but your own wills, yea worse then those thirty most perfect Tyrants of Athens, spoken of by Sir Walter Rawley in his third Book of the History of the world, Chap. 9. Sect. 2. you abhor the charge with the height of detestation, and therefore in the next page unto it, being page 696 you say We do still acknowledg that it were a very great crime in us, if we had or should do any thing whereby the title and interest of all the Subjects to their lands were destroyed; which I say of necessitie must be, if they be deprived of the benefit of the Law, which is all I crave at your hands, and which I hope you will not deny me; especially considering in your Declaration of the 10 of June 1642, 1 par. Book Decla. pag. 342, for bringing in mony and plate, you positively declare, that whatsoever is brought in, shall not at all be imployed about any other occasion, then to the purposes aforesaid, which amongst others, are principally for destroying Tyranny, maintaining of Liberty and Propriety, Edition: current; Page: [6-344] the free Course of Justice according to the known Laws of the Land; but Propriety cannot be maintained, if Liberty be destroyed; for the Liberty of my Person is more neerer to me then my Propriety, or goods; and he that contrary to Law and Justice, robs or deprives me of the Liberty of my Person, the nighest to me, may much more by the same reason, rob and deprive me at his will and pleasure of my goods and estate, the further of from me, and so Propriety is overthrowne and destroyed; and this if done avowedly by you, is distructive to your honours and engagements; yea, & in an absolute violation of all your Oaths and Promises; whereby you will be rendred, by your own actions, in the eyes of the people that trusted you, the basest and worst of men, fit for nothing but desertion, opposition and distruction; Again how can Law be maintained, when the free execution of Justice in the ordinary course thereof shall be hindered by you? which you in your Declaration 23 of October 1642. 1 par. Book. Declar. pag. 656) call the soule and life of all Laws, which ordinary course of Justice, you in your first Remonstrance page 7 call the common birth-right of the Subject of England; And therefore 1 par. Book Decl. pag. 660 you own it as your duty, to use the best of your endeavours that the meanest of the Commonalty may enjoy their own birth-right, freedom and liberty of the Lawes of the Land, being equally intitled thereunto with the greatest subject; and if so? how can you in justice and honour or conscience, deprive and ebereave me of my birth right? the benefit of the Law of the Land, in the ordinary course of Justice in the Judicatures thereof? who have done no actrons either by Sea or Land, but what doth become an honest, true-bred Englishman and constantly in the midst of many deaths, maintaining the Laws and Liberties of my Native Country, which actions are consonant to the Authority of Parliament, and for the service and benefit thereof; and therfore I ought not to be molested and troubled therefore; especially by you, who in your Declarations in the case of the Five Members, declare 1 par. Boo. Decl. pa. 39. you are very sensible that it equally imports you; aswell to see Justice done against them that are criminous, as to defend the just rights and Liberties of the Subjects and Parliament of England; but if you shall stop my proceedings at Common Law against Master Wollaston the Jaylour of Newgate, for keeping me there against Law by the Lords Order, You are so far from punishing the criminous, that you justifie the wicked, and condemn the righteous, break all your Oaths, Protestations and Covenants, that you have taken to maintain the Laws and Liberties of the Kingdom, and dissolve the whole frame and constitution of the Civill Policy and Government of this Kingdom into the originall Law of Nature, which crime you taxe the King with, 1 par. Book. Decl. pag. 690. yea, and thereby become destructive to the being of the Commonwealth, and the safety of the people, the preservation of which is the chief end of the Law, the institution of all Government, as you declare in your Declarations of the 6 of May 1643 & 17 April 1647. 2 part. Book. Decla. fal. 95.879.

For the Illustration of which I desire to observe this Method.

First. I averre that the House of Lords have not the Least Jurisdiction in the world over me in the case in controversie betwixt us; and I am ready upon my life to make this good by the Laws of the Kingdom against all the Judges and Lawyers in England; but I conceive; I have already so fully done it in my Edition: current; Page: [6-345] three pleas against the Lords, that they are unanswerable, viz. First in my Plea before the Committee of the House of Commons, where Master Henry Martin had the Chaire 6 Novemb. 1646. And Secondly in my Plea the 20 of October 1647. before another Committee of the House of Commons, where M. Iohn Maynard had the Chaire; And Thirdly, in my Plea before the Judges of the Kings Bench, the 8 of May 1648. all three of which I desire to communicate unto your consideration.

And if the Lords by Law have no originall Jurisdiction over me, then no power to summon me, nor no power to try me nor commit me; Wherefore M. Wollaston by Law ought to have refused to have received my body, or detained it in prison, by vertue of their illegall warrant which being both illegall in the power that made it, & in the forme of drawing it up, he is liable to make me satisfaction in Law for executing it, which as present I illustrate out of your own Declarations, which are the most unanswerable arguments against you that I can use, Acts 17 28. Titus 1.12.

And first in your Declaration of the 17 of January 1641. 1 par. Book. Decl. pag. 38. 39. where speaking of the Five Members, you say his Majestie did issue forth severall warrants to divers Officers, under his own hand for the apprehension of the persons of the said Members, which by Law he cannot do, there being not all this time any legall charge or accusation, or due processe of Law issued against them, or any pretence of charge made known to the House of Commons; all which are against the Fundamentall Liberties of the Subjects, and the Rights of Parliament; Whereupon we are necessitated according to our duty to declare, That if any person shall arrest M. Hollis, Sir Arthur Haslerig, Master Pym, Master Hamden, Master Strode, or any of them, or any Member of Parliament, by pretence or colour of any warrant issuing out from the King onely, is guilty of the breach of the Liberty of the Subject, and of the Priviledges of Parliament, and 2. publick enemy to the Common-wealth; and that the arresting of the said Members, or any of them, or any Members of Parliament, by any Warrant whatsoever, without a legall proceeding against them, and without consent of that House, whereof such a person is a Member, is against the Libertie of the Subject, and a breach of Priviledge of Parliament: and the person which shall arrest any of these persons, or any other Member of the Parliament, is declared a publick enemy of the Common-wealth. Yea, and upon the 15 of January 1641, you voted and ordered a Charge to be brought in against Mr. Atturney General Herbert, to require of him satisfaction for his great injury and scandal that particularly he had done to the said Mr. Hollis, &c. and generally to the publick Justice of the Kingdom, in so illegally accusing the foresaid five Gentlemen, without due processe of Law, as appears in your first part Book Declarat. pag. 53. And therefore in your Petition of the 2 Feb. 1641. 1 part. Book Decl. 67. you tel the King, It is your duty to tell him of the injustice done unto the five Members, for impeaching them without due processe of Law, and to require reparations for them. And therefore in your second Petition of the same month, 1 part Book Decl. pag. 76. 77. you tell the King again, notwithstanding all your importunity, the said five Members and the Lord Kimbolton still lie under that heavie charge of Treason, to the exceeding prejudice not onely of themselves, Edition: current; Page: [6-346] but also of the whole Parliament. And whereas by the expresse Laws and Statutes of this Realm, that is to say, by two Acts of Parliament, the one made in the 37, and the other in the 38 year of the reign of your most noble Progenitor King Edward the 3 its said, If any person whatsoever make suggestion to the King himself of any fault committed by another, the same person ought to be sent with the suggestion before the Chancellor, or Keeper of the great Seal, Treasurer, and the great Councel, there to finde Surety to pursue his suggestion: which if he cannot prove, he is to be imprisoned till he hath satisfied the party accused of his dammages and slander, and made Fine and Ransom to the King: The benefit of these Laws you claim at the Kings hand, and there tell him, he ought not of right and justice to deny it to you. And also in 1 part Book Decl. pag. 101, speaking to the King, you say Your Majesty lays a generall tax upon us; if you will be graciously pleased to let us know the particulars, we shall give a cleer and satisfactory Answer: But what hope can we have of ever giving your Majestie satisfaction, when those particulars which you have been made beleeve were true, yet being produced and made known to us, appeared to be false? and your Majestie notwithstanding will neither punish, nor produce the Authors, but go on to contract new jealousies and fears, upon generall and uncertain grounds, affording us no means or possibilitie of particular answer, to the cleering of ourselves. For proof whereof we beseech your Majestie to consider,

The heavie charge and accusation of the Lord Kimbolton, and the five Members of the House of Commons, who refused no Triall or Examination which might stand with the Priviledge of Parliament: yet no Authors, no Witnesses produced, against whom they may have reparation for the great injury and infamy cast upon them, notwithstanding three severall Petitions of both Houses, and the Authority of two Acts of Parliament vouched in the last of those Petitions.

And in a fourth Petition about the same business, 1 part Book Decl. pag. 123. We beseech your Majesty (say you) to remember, that the Government of this Kingdom, as it was in a great part mannaged by your ministers before the beginning of this Parliament, consisted of many continued and multiplied acts of violation of Laws, the wounds whereof were scarcely healed, when the extremitie of all those violations was far exceeded by the late strange and unheard of breach of our Laws in the accusation of the Lord Kimbolton and the five Members of the Commons House, and in the proceedings thereupon; for which we have yet received no full satisfaction. And in your Declaration of the 19 of May 2642, 1. par. Book Dec. p 200. 201. you are very remarkable, and say, The accusation of the L. Kimbolton, and the 5 Members of the House of Comons, is called a breach of Priviledge; and truly so it was and a very high one, far above any satisfaction that hath yet been given: How can it be said to be largely satisfied, so long as his Majestie laboured to preserve his Atturney from punishment, who was the visible Actor in it? so long as his Majestie hath not onely justified him, but by his Letter declared, that it was his duty to accuse them, and that he would have punished him if he had not done it; so long as those members have not the means of cleering their innocency, and the authors of that malicious Charge undiscovered, though both Edition: current; Page: [6-347] Houses of Parliament have severall times petitioned his Majestie to discover them; and that not onely upon grounds of common Justice, but by Act of Parliament his Majestie is bound to do it; so long as the King refuseth to passe a Bill for their discharge, alledging, that the Narrative in that Bill is against his Honour; whereby he seems still to avow the matter of that false and scandalous Accusation, though he deserts the Prosecution, offering to passe a Bill for their acquital; yet with intimation, that they must desert the avowing their own innocency, which would more wound them in Honor, then secure them in Law.

And in vindication of this great Priviledge of Parliament, we do not know that we have invaded any Priviledge belonging to his Majesty, as is alledged in his Declaration.

But we look not upon this onely in the notion of a breach of Priviledge, which might be, though the Accusation were true or false; but under the notion of an hainous crime in the Attourney, and all other Subjects who had a hand in it, a crime against the Law of Nature, against the Rules of Justice, that innocent men should be charged with so great an offence as Treason, in the face of the highest Judicatory of the Kingdom, whereby their lives and estates, their bloud and honour are in danger, without witnesse, without evidence, without all possibility of reparation in a legall course; yet a crime of such a nature, that his Majesties Command can no more warrant, then it can any other act of injustice. It is true that those things which are evil in their own nature, such as a false testimony, or a false accusation, cannot be the subject of any Command, or induce any obligation of obedience upon any man, by any Authority whatsoever; therefore the Attourney in this case was bound to refuse to execute such a Command unlesse he had had some such evidence or testimony as might have warranted him against the parties, and be liable to make satisfaction if it should prove false. And further, to prove that they are liable to punishment, that puts in execution the Kings illegall Commands, is must excellently proved, and largely evident from your own words in 1 part Book Decl. pag. 259. 260. 276. 279. 280. 721. 722. 723. 727. 803. where you largely declare, that Alexander Archbishop of York, Robert de Veere Duke of Island, &c. were executed in Richard the Second’s time as Traytors, for putting in execution the commands of the King against the Law: and if they are punishable that execute the commands of the King the Primitive, against Law: then much more by Law is Mr. Wollaston punishable for executing the commands of the single House of Lords the Derivative, against Law: and if in my own defence, when I was in Mr. Wollaston’s custody, I had served him, for his actions done to me in pursuance of the Lords single illegall commands, as Simson of Northampton-shire did Johnson in the 42 of Elizabeth for his doing actions in pursuance of the Queens Letters Patents, contrary to Law, in endeavouring by a Warrant (flowing from the High-Commission, which was established by Act of Parliament, and had legall cognizance of any facts in Controversie grounded thereupon) to imprison his body: for doing of which, Simson (in his own defence, and his Liberties) slew the said Johnson: For which he was justified by the Judges of Assise, and all the Judges of England, as you may read in Sir Edward Cook 4. part Institutes, fol. 333. 334. and in my Edition: current; Page: [6-348] Plea before the Judges of the Kings Bench, called The Laws funerall, page 24. 25. I say in case I had in my own defence, and the defence of my legall Liberties stain Wollaston &c. for executing the Lords single illegall Orders upon me for any thing I can read in the Law, he had his mends in his own hands.

But to come more close upon your own principles, to prove that a single Order of the Lords cannot stand in competition with the Law, I do it, thus; In all your Declarations you declare, that binding and permanent Laws according to the Constitution of this Kingdom, are made by King, Lords, and Commons, and so is the opinion of Sir Ed. Cook, whose Books are published by your own Order, and who in the 2 part of his Institutes, fol. 48. 157 and 3 part fol. 22. and 4 part fol. 23. 25. 48. 292. saith that Act that is made by King and Lords, in Law binds not, nor by King and Commons binds not, or by Lords and Commons binds not in Law; if so, then much more invalid is the single Order of the Lords made against Law, and can indemnifie no man that acts by vertue of it, and your Ordinances made this Parliament in time of extream necessitie, during denounced Wars, are by your selves in abundance of your own Declarations, esteemed, adjudged, declared but temporary and invalid as durable Laws, which is evidently cleer out of the 1 par. Book Decl. p. 93. 102. 112. 142. 143. 150. 171. 173. 179. 207. 208. 267. 277. 303. 305. 382. 697. 705. 709. 727. your expressions in the last page are, we did and doe say that the Soveraign power doth reside in the King and both Houses of Parliament, and that his Majesties Negative voice doth not import a Liberty to deny things as he pleaseth, though never so requisite and necessary for the Kingdom, and yet we did not nor do say, that such bills as his Majestie is so bound both in Conscience and Justice to passe, shall notwithstanding be law without his consent, so far are we from taking away his Negative voice. And if such Ordinances and Bills as passe both Houses are not Lawes by your own Doctrine, without the Kings Consent; then, muchlesse can the Order of the single House of Lords be Lawes or supersedeas to the Lawes; And besides, when divers honest and well-affected. Citizens, it may be out of a sensible apprehension of the mischiefs that acrue to the Kingdom by having the Supream authority lodged in three distinct Estates, which many times so falls out, that when two Estates grant things essentially good for the wellfare of the Kingdom, the third Estate opposeth it, and will not passe it, which many times occasions war and bloud-shed, to the hazard of the being of the Kingdom; for the preventing of which, they framed a Petition to your House, Entitling it, To the Supream Authority of this Nation, the Commons assembled in Parliament; in which they intreat you to be careful of the mischief of Negative Voices in any whomsoever; which said Petition your House upon the 20 of May 1647. Voted to be burnt at the Exchange and Westminster by the hands of the Common Hangman, and lately as I am informed, there was a Petition of Master John Mildmans presented to your House, and it was rejected by them, for no other cause, but because it had the foresaid title; and therefore you your selves having rejected to be stiled the Supream Authority of this Nation; I can see no ground or reason, how you can upon your own Principles, grant a supersedeas to Master Wollaston to overule my action at law against him; and so de facto exercise the Supream Authority, which in Edition: current; Page: [6-349] words, you would have the Kingdom beleeve you abhorre; neither can I in reason or Justice conceive, that if now you should own your selves for the Supream Authority of the Nation, and the single and absolute Law-Repealers; and Law-Makers thereof, how you can deprive me of the benefit of those just Laws, viz. Magna Charta, Petition of Right, and the Act that abolished the Star-Chamber, that you have not avowedly and particularly declared to be void, null and vacated, as never to be in use any more in England; Again, you in your Protestation, in your Vote and Covenant, and in your League and Covenant, swore to maintain the Laws and Liberties of the Kingdom with your estates and lives, and make the Kings Person and Authority out subservient thereunto, or dependant thereupon; And you have been so zealous to make Votes to disfranchise all those that will not take your Covenant, as unfit to bear any Office in the Common-wealth, or to give a Vote to chuse an Officer; and can it stand with your Justice and Honour to deny me the benefit of that (viz. the Law) which you have been so zealous in forcing the People of England to swear to maintain? or can you in Justice and Honor, be angry with me for standing for that (viz.) the Laws and Liberties of England,) which you have ingaged, incited and forced, thousands and ten thousands of the people of England, to loose their Lives and Blouds for, which I amongst others have upon zealous and true principles, as hazardously ventured my life for as any man in England? O let such an abominable thing be farre from men of honour, conscience and honesty, and let the fearfull judgments that befell the Hungarians, as it were, from God from heaven for breaking, violating and falling from their faith and Covenant, made with Amurah the Second, the Sixt Emperor of the Turkes Recorded in the Fourth Edition of the Turkes History fol. 267. 269. 273. 277 deterr all Covenant Makers, and Covenant takers from breach of their Oaths, Covenants, and Contracts, the breaking of which is highly detested and abhorred of God as a thing that his soul loaths as he declares in Scripture, as you may read Exo. 20. 7. Lev. 19. 11, 12. Deut. 23. 21, 22, 23. Psal. 15. 4. Eccels. 5. 45. Ezek. 17. 13, 14, 15, 10. 17, 18. Zacab. 5. 3, 4 & 8. 16. 17. Yea I say let the fearfull judgements, wrath and vengeance Recorded by Sir Walter Rawley in his excellent preface to his history of the World that befell Tyrants and Oppressors, who after they had broke their Oaths, Faith, Promises and Lawes made with the People, and then turned Tyrants, deterr you from such practises, but especially the fearfull judgments of God that befel the most execrable thirty Tyrants of Athens, who after the people of that City had set them up for the Conservators of their Laws and Liberties, and who did many things well til they had got power into their own hands, which they had no sooner done, but they turned it poin blank against the people, and fell a murthering, robbing, spoyling and destroying the innocent people, and raised a Guard of three or foure thousand men of their own Mercenary faction, whose destruction was fatall by the steeled resolution and valour of seventy faithfull and brave Citizens, as you may read in Sir Walter Rawleys History Lib. 3. Ch. 9. sec. 1 & 3. Yea the Tyranny of Duke d’Alva cost his Master the King of Spaine the revolt of the Hollanders to his unimaginable losse. But to returne, did not you and the Lords the other day pass Votes and Communicated them to the Common Councel of London Edition: current; Page: [6-350] to declare to them and the whole Kingdom, you would continue the Government, by King, Lords and Commons? and can it now stand with your Honour and Justice, to goe about to advance a single, illegall Order of the Lords above all the Laws made joyntly by you the Lords and King, and to make Ciphers of your selves and your House as well as of the King? which undeniably you do, if you indemnitie Master Wollaston by superseding my action at Common Law against him; Again, have you not in your Declaration of the 15 of June 1647. (in which is contained your Votes, to lay the King aside and make no more applications or addresses unto him) declared to preserve unto the people their Laws, and to governe them thereby? sure I am these are your own words, having received an absolute denyall from his Majesty: The Lords and Commons do hold themselves obliged to use their utmost endeavous speedily to settle the present Government in such a way as may bring the greatest security to this Kingdom, in the enjoyment of the Laws and Liberties thereof: And can it now stand with your honour and Justice to fall from this and all other your publique Declarations, by denying me the benefit of the Law against Master Wollaston, that unjustly imprisoned me, and Tyrannically and closly imprisoned me, to the hazard of my life and being, and that by an illegall warrant of the Lords, who have no power in Law to commit me, or so much as to summon me before them, in reference to a tryal? much lesse when I do come at their Bar, to deal with me like a Spanish Inquisition, by examining me upon Interrogatories to insnare my self, and refuse to let me see either accuser, prosecutor, indictment, charge or impeachment: but presse me againe and again to answer Interogatories against my self, and so force me to deliver in a Plea, according to my priviledg and the Laws of the Land, against their illegall dealings with me, and then to wave all pretence of any foregoing crime, and commit me the 11 July 1646 to Master Wollaston to Newgate prison during their pleasure for delivering in that my very Plea, which hath not a word in it but what is justifiable by Magna Charta, and the Petition of Right; and then when I am at Newgate, by pretence of a Warrant of the 22 of June after, for Master Wollaston to cause his servants to break into my Chamber and by force and violence to carry me before the Lords, who had, nor have no more Jurisdiction over me by the Laws of England to try me, passe upon me, or condemn me, then so many Turks have: and when I come there, they only look upon me, but lay nothing to my Charge, neither by word of mouth, not writing but passe an Order in these very words,

Die Martis 23. Junij.

Ordered by the Lords assembled in Parliamen, That Iohn Lilburn shall stand Committed close Prisoner in th Prison of Newgate, And that he be not permitted to have pen, ink or paper, and none shall have accesse unto him in any kind, but his Keeper, untill this Court doth take further Order.

And that is when they turn honest and just, which I do confidently beleeve will never be; here is illegality upon illegality, and Tyranny upon the neck of that, and yet Master Wollaston, and that Barish fellow Briscoe, executed it to the height without any scruple of conscience, although they might have as well by vertue of the same Warrant have cut my throat; as have used me as they did, till the 11 of July 1646. at and upon which day they by force of armes, with Edition: current; Page: [6-351] thirty or forty of the hangmans guard of Halberteers, and against all Law and Justice, carried me before the Lords, upon pretence to hear my Charge read, although the Lords had not, nor have not in Law the least power in the world to try me or to summon me, as hath been notably and undeniably proved in the Case of Sir Iohn Maynard and the four Aldermen, in the releasing of whom as the Lords have done, if ever they had any Jurisdiction over Commoners in any kind whatsoever, they have now totally given it away; for they were all impeached by the House of Commons, and their impeachments transmitted from them before ever they medled with them, which I never was, and yet flew as high in their Protestations and Declarations against the Lords Jurisdiction over them as ever I did, whom notwithstanding for all this, without stooping, submitting, or so much as petitioning, the Lords released, and of their own accord took all their proceedings against them off the file, thereby declaring to the whole Kingdom, that their own consciences told them they had no Authority in Law to go about to try them, being none of their Legall Judges, though they were impeached by the House of Commons, and that they had done nothing but their duty in protesting against them, and their Jurisdiction over them.

Therefore (my Lord Munson) can it stand with the Justice and Honour of your House, in your first Remonstrance to the Kingdom, pag. 6. to cry out so bitterly as you do against the Kings Ministers, who durst be so bold and presumptuous to break the Laws, and suppresse the Liberties of the Kingdom, after they had been so solemnly and evidently declared by the Petition of Right, by committing divers free men of England to prison for refusing to stoop unto the Commission of Loan, whereby many of them contracted such sicknesses as cost them their lives, and detaining others close prisoners for many months together, without the liberty of using Books, pen, ink, or paper, denying them at the comforts of life, all means of preservation of health, nor permitting their Wives to come unto them: And for the compleating of that cruelty, after yeeres spent in such miserable durance, to keep them still in their oppressed condition, not admitting them to be bailed according to Law, and oppressing and vexing them above measure; and the ordinary course of Justice (the common birth-right of the Subjects of England) wholly obstructed unto them: and divers others oppressed by grievous Fines, Imprisonments, Stigmatizings, Mutilations, Whippings, Pillories, Gaggs, Confinements, Banishments after so rigid a manner, as hath not onely deprived men of the society of their friends, exercise of their professions, comfort of Books, use of paper or ink, but even violated that neer union which God hath established betwixt men and their wives, by forced* and constrained separation, whereby they have been bereaved of the comfort and conversation one of another. Can all these doings be criminous and wicked in the King’s Ministers? and can your denying of justice for seven yeers together to me, that suffered the grievousnesse of these very torments, be just and righteous? Let God and the world judge, whether Edition: current; Page: [6-352] you by your actions do not justifie all the foregoing unjust proceedings, nay, and out-strip them, in that you your selves do, or suffer to be done (when you have power enough in your hands to remedy, but will not) divers of the very self same things to some of the very self same men, after (in obedience to your commands, in the sincerity of their souls) they have freely adventured their lives (and so carried themselves in all their actions towards you, that all their adversaries are not able, nor ever were, to lay in law any crime to their charge) for the redresse of all the foresaid grievances? and yet the best recompence you your selves give unto them, is, to tosse and tumble them yeer after yeer, from Gaol to Gaol (without laying any crime unto their charge) denying them the benefit of their Birth-right, the Law of the Land, keeping thousands of pounds of their own from them, and endeavouring in their long imprisonments to starve and murder them, their Wives and Children, by being worse then the King was to your Members, (who allowed them three, foure, and five pounds a man weekly, notwithstanding their own great estates to live upon) in allowing them never a penny to live upon, endeavouring to protect all those unrighteous† men that (contrary to Law) have endeavoured to murder and destroy them, and take away their lives and beings from the earth. And all this is my own case and sufferings from you your selves. Therefore Hear, O Heavens! and give ear, O Earth! and the Edition: current; Page: [6-353] righteous God, and all just men judge betwixt us.

And therefore if there be any truth or resolutions in you to stand to any thing that you say and declare, I challenge at your hands the benefis of all your Declarations and Remonstrances, which are all of my side; and particularly the notablest of Declarations of the 6 of May 1643, and 17 April 1646. which was made before my contest with the Lords, in which you declare (2 par. Book De. so 95. & 879) that although the necessity of war have given some disturbances to loyall proceedings, stopped the usuall course of justice, enforced the Parliament for the preservation of this right to impose and require many great and unusual payments from the good Subjects of this Kingdom, and to take extraordinary wayes for the procuring of monyes for their many pressing occasions; It having pleased God to reduce our affaires into a more hopefull condition then heretofore: We do declare, that we will not, nor any by colour of any authority derived from us, shall interrupt the ordinary course of Justice in the severall Courts of Judicatures of this Kingdom, nor intermeddle in cases of private interest otherwhere determinable, unlesse it be in case of male administration of Justice, wherein we shall so provide, that right be done, and punishment inflicted as there shall be occasion according to the Law of the Kingdom, and the trust reposed in us.

Therefore seeing that you that stile your selvs the fountain and conservatory of the Law, first par. Book Declar. pag. 272 have declared in answer to the Kings Complaint against scandalous pamphlets (which was the originall pretence of the Lords quarrelling with me) that you know the King hath wayes enough in his ordinary Courts of Justice to punish such seditious Pamphlets and Sermons, as are any way prejudiciall to his rights, honour, and authority, Edition: current; Page: [6-354] benefit of the Law, you frustrate your end in making Judges to sit in Westminster Hall to execute the Law, and put a mock upon the people, and dissolve the whole frame and constitution of the civill Policy of the Government of this Kingdom into the originall law of Nature, and leave every man to judge within his own brest what is just and righteous, and thereby necessitate me, whether I will or no, to do that in reference to you, which you in your great straits, did in reference to the King; viz. Appeal to the righteous Judge of all the world, and the judgment of the people to decide the controversie berwixt you, as appears in your own Declarations, 1. part Book Dec. p. 172. 196. 214. 263. 278. 464. 491. 495. 496. 498. 629. 636. 666. 690. 699. 701. 728, and if I perish, I perish. For what greater tyranny can there be in the world, or what greater straits can a man be put to, then to delayed justice, (which is worse th’ll to be denyed) for above seven yeers together, by those that have raised a bloudy war, and pretended for justice: and then, after I have spent above 1000 li. in endeavouring to obtain Justice and my own at your hands, and after I have served you faithfully, and adventured my life in the field for you, and undergone multitudes of other hardships and hazzards at Oxford for you, and carried my self in all my actions towards you unspotted, and that upon you own declared principles: and after all this, to be toss’d and tumbled by you from Gaol to Gaol, year after year, for nothing but my honesty; and can come to no legall tryall, although I have endeavoured it with all my might; and to have by you thousands of pounds of my own kept from me, and not a penny in all my captivitie allowed me to live upon, but in the eye of reason exposed to famish and sterve, or to eat my Wife and Children; O monstrous and unnaturall cruelty! which I will maintain upon my life, is not to be parallell’d in all Queen Marie’s dayes, nor in the worst of King Charles his Reign.

So (my Lord) I have done with my PLEA,
and take leave to remain a true hearted Englishman,

John Lilburn.

NOw Master Speaker, having finished my Plea to the Committee of Indemnity; I must acquaint you that I brought it to the said Committee, with whom I had some verball expostulations, after which I began to open my Plea, having it fair writ in my hand; which the Committee no sooner saw but presently they left (me according to my desire) to the ordinary course of the Law, where I was necessitated at present to cease prosecution of Wollaston, because I was continually in expectation of my Liberty from the Lords, and therefore judged it but wisdom in me not to provoke them, and also for perfecting of my Ordinance, for my long sought, dear bought, and hard suffered for reparations, from old Sir H. Vane and the rest of my cruel Star-Chamber Judges; which Ordinance with much adoe was at last concluded, though to little purpose as before truly is noted in p. 15, 16. And for my Edition: current; Page: [6-355] Liberty, I was chiefly beholding for that to my friends in London, who in seven dayes got eight or nine thousand hands to a Petition for me, in the day of your straits by the Cavaleers, and presented it to your House, which my true friend, and faithfull and couragious fellow sufferer Sir Iohn Maynard took the advantage of, and improved the utmost of his interest, and thereby became principally instrumentall both in your House and in the House of Lords for my Liberty then, unto whom I must and do returne the chiefest thanks for it.

But now Sir, seeing my life (for no thing but my honesty, and because I will not be a slave to mens lusts) is so strongly sought for to be taken away by those that have made the largest pretences and promises that can be made in the world to deliver this Nation from thraldom, bondage, vassallage and slavery; and seeing they are such painted Sepulchers that they are like to cozen all the honest men in England with religious cheaters, such as Master Edmond Rozer, with whom as teacher to the Congregation where I was a Member, I walked many yeares in fellowship, and Master William Kiffin who was once my servant, and unto both whom the indearedest of my affections run out unto; to either of which I never gave a provocation to, nor wronged in all my dayes to my knowledge, neither of which (although the first of them and I have been familiar together for almost twenty years) I am confident of it, in reference to my actings to the sons of men, are able to my face to say black is my eye, yet for these men so high and mighty in their pretence of religion, and in their former familiarity and friendship to me, to persecute me bitterly, and write reproachfull books &c. against me and in the day of my calamity (when the great men of the Nation make deep furrows upon my back for nothing) when I am as it were in the Kehnell, and my hands and feet tied, then to beat, buffet, wound me, and pursue my very life; O the height not only of unchristianity, but even of unmanhood it selfe! such actions differing nothing in beastlinesse and brutishnesse from the brutest of Beasts themselves; if it had been enemies (as David did in the like case Ps. 55. 12, 13, 14. that had done it, I could have born it; but for my familiar, bosome, indeared friends, to deal thus with me, and that in the day of my adversity, when my life is hunted for like a Partridge upon the mountains, in this they are more unnaturall then the very Pagans and heathens themselves; for saith Isaiah, cha. 21. 14. The Inhabitants of the land of Tema brought water to him that was thirsty, they prevented with their bread him that fled; and for their making a frothy light, giddy headed fellow of me in their late book called Walwyns wyles, easily deluded and drawn aside, being of no depth in my self; I am confident there is no two men in England that know me, whose consciences are more perswaded of the falsity of that their own assertion in every particular them M. Rozer, and Master Kiffin are, if they would speak the truth from their very hearts, the whole stream of my action extraordinarily well known to both of them for these twelve or thirteen years together, being as a large demonstration that I understand the things I goe about; and am not to be biased with favour, flattery, frowns, nor hard usage; (but act singly and nakedly upon my own principles that I beleeve God distills into my soul) I beleeve as the actions of any man upon the face of the earth are, having never forsaken nor changed my principles Edition: current; Page: [6-356] from better to worse the space of one hour, from the day of Gods sweet and fatherly discovering, and distinct, and assured making known of his eternall, everlasting and unchangable loving kindnesse in the Lord Jesus unto my soul, to this day, although I am confident it is now above 13 years, since I know God as my loving and reconciled father, that had particularly washed and clensed my soul with the precious bloud of Jesus Christ, and had caused the grace of God to appear in my soul, to teach me (as a reciprocall duty spread abroad in my heart by the overflowings of the fountaine of love within me) to abstaine from all ungodlinesse and worldly lusts and to live soberly and righteously, in this present evill world, doing good to all, but especially to the houshold of Faith, Ingraving with his Spirit upon my heart as with a point of a Diamond those Divine Laws, viz. to doe to all men as I would they should do to me, and in all the carriages of my life to be watchfull over my actings, and not to do evill that good may come of it, and thirdly that seeing that I am bought with a price by Redemption, that therefore I should not be the servant of men (to serve their lusts and wills) but entirely and solely the servant of God, to glorifie him with my body, in righteous and just actions amongst the sons of men, as well as in my soul, in speculation, imagination or adoration; and so at present I leave them to the reflections of their own consciences, if the vanity of the world and the fadeing promotions thereof hath not eat out the life and sensible part of them; into whose secrets now let not my soul (O Lord) enter into. But as for the rest of their subscribing Comrades, being in all six or seven, I know not some of them, only Iohn Price and Richard Arnold I know to be men fitly to deserve the name of Common Baristors, or known Eves-dropers, so detestable and abominable therfore to all truly & really honest unbiased men that know them, that a man shal but defile himselfe to touch them with a paire of tongs, deserving no other answer from me for their indefatigable and restlesse pains to bespatter and destroy me, but either the highest of scorn, or a good cudgell in due time; and so at present I leave them to the serious perusal of their own ugly forms and shapes, lively pictured out in that most excellent and masculine Anatomy of them, by Doct. Brooks in his Law Book entituled the Charity of Churchmen, or a Vindication of (my most choice and honest Comrade and Fellow-sufferer) Master William Walwyn.

But in regard my grand adversaries, and their little Beagles in London, doe continually report me to be a man of contention, and one that is never quiet from broyls, nor never content with any Government, but full of self conceitedness, malice and revenge; it will be very necessary for me to return an effectuall answer to this, before I come to the main thing I intend.

And therefore in the first place, When I was a childe (as Paul saith) I thought as a childe, I did as a childe; but after I came to have any discretion, well nigh twenty years agoe, my Father brought me to London, and bound me Apprentice to Mr. Thomas Hewson near London-stone; whom I served as faithfully about six years, as ever Apprentice served a Master: And though he had no more but my self, and had many thousands of Pounds went through my hands, driving a large Whole-sale trade; yet directly, nor indirectly, I cannot remember that ever I wronged him of a Groat, or the value of it; or that ever all the time I was with him, I was ever branded or taxed with one base visible action; or that I either gave or took a box on the care, or any thing like it, or ever quarrelled Edition: current; Page: [6-357] with any Flesh alive all the time I was there, (although I had then as much mettle, life and spirit as most young men in London had) only I must confess, my old Master offered me somtimes some abuse, for which I carryed him before the Chamberlain of London, and ever after lived in peace with him: And after that, in all the dayes of my calamity by the Bishops, had the truest and cordiallest friend of him, that ever servant had of a Master in the day of his tryall. And though in his service (keeping only a Ware-house) severall days in the week I had spare time enough, yet I never misspent it, but continually spent it in reading the Bible, the Book of Martyrs, Luthers, Calvins, Bezaes, Cartwrights, Perkins, Molins, Burtons, and Rogers Works, with multitude of other such like Books that I had bought with my own money; till the foresaid Mr. Edmond Rozer, my familiar friend and neighbour, and fellow-professor of Religion, (conversant at my Masters house from the beginning of my coming to him) brought me in anno 1636. acquainted with Dr. Bastwick then prisoner in the Gatehouse, whom after I visited constantly, and for whose service I could have laid down my life; and for my true affection to him, I was forced by the Bishops and their Catchpoles to fly into the Low-Countreys for refuge, just about the time of his Banishment, where I was divers months, and where the Kings Ambassador, Sir VVilliam Boswell, laid for me (as I was informed) severall designes to put me a Ship board, and send me over to England to the Bishops here, for my visible activity there against them, which forced me continually to wear my sword about me; yet in all my time there, I never gave nor took a box on the eare, nor had so much as a single quarrell; and at my coming to England I was in danger enough, and therefore went like a swaggerer disguised, and yet was betrayed by my pretended bosome friend, John Chilliburn servant to old Mr. VVharton in Bow-lane, and so fell into the devouring clutches of the High-Commission, Councell-board, and the Star-Chamber, all three of which had a fling at me: But in all my troubles and tryals by them for divers years together, I never saw or heard of any other prosecutor, but only two most desperate, forsworn, false Oaths of my then familiar acquaintance, Edmond Chillington then Button seller in Cannonstreet, and now a forsworn Lieutenant in Colonell Whaleys Regiment of Horse: which false Oaths he was hired unto by the Bishops and their Chaplins, Mr. Baker, &c. and by means of which he got his own Liberty, and this he did for my curtesie and kindnesse to him in his then captivity, &c. owing me at this day, I am confident of it, upon that account well nigh 30 pounds: by meanes of which Oathes, I had above 500 stripes with knotted cords, given me by the bloody decree of old Sir Henry Vane, &c. and endured a world of other unheard of miseries and barbarous cruelties for three yeers together: and at my deliverance by the Parliament, I could have had his eares for perjury, as easily as to have kissed my hand, if I had been revengefull; but so far was I from that, that I never questioned him for it, but contrarily I required him good for evill, when he was prisoner in Oxford Castle with me, and ready to starve, being destitute both of money and friends there; and to save him alive, I readily lent him both gold and silver, as he very well knowes, by the same token I was without my money long enough; and in the day of his prosperity here, I was fain to ask often enough for it, before I could get it again.

Edition: current; Page: [6-358]

So here it is true, I was in contestation with the High Commission, Councel-Board, and Star-chamber, but they began with me, and not I with them, (the story of which you may read in my book called the Christian mans tryall, Printed for Mr. V.Vill. Larner) It is true also, I had in them sufferings, many contestations with Gaolers, but it was to preserve my life, when they contrary to Law would have murdered me; but with all my fellow-prisoners, &c. I lived as peaceably, as lovingly and friendly as any man in the world did; and all this contestation was but for the maintaining my legall rights due to me by the Petition of Right, which before the beginning of those troubles I had read, and a little understood: In which contest this Parliament in its Primitive purity hath justified me, in not only by abolishing the foresaid unjust Courts by Act of Parliament; but also in and by their Votes of the 4th. May, 1641. which thus followeth; Resolved upon the Question, That the sentence of the Star-chamber given against John Lilburne, is illegall, and against the liberty of the Subject; and also bloody, wicked, cruel, barbarous & tyrannicall. Resolved also upon the Question, That reparations ought to be given to Mr. Lilburn, for his imprisonment, sufferings and losses sustained by that illegall sentence; Which I confess, I never got to this day, but had been a rich and happy man in reference to the world, if it had been voted I should never have expected any; for then might I have spent my eight years time in my trade beyond sea, that I have in a manner spent in following these Votes; and one way or other 1000 or 1500 pounds to boot; with seven or eight imprisonments besides for nothing.

Well, after this I fought with C. Lunsford, and divers others at Westminster, (who drew first) with my sword in my hand, to save the Parliament mens throats from being cut, conscienciously judging nothing that I had too good to hazard for so just an Authority as I then judged them to be; & they have since well rewarded me for my pains, with 7 or 8 cruell imprisonments, and never told me nor any body else to this hour wherfore, with many strong endeavours to take away my life in the said imprisonments unjustly; but I hope, they especially will justifie me in that contest; however, I from my heart beseech the righteous Lord of Heaven and Earth to judge righteously and impartially betwixt them and me, and to manifest his Righteous judgment betwixt us visibly to the world, that so the sons of men may see it, and behold it, and fear, and tremble before him.

Well, in the next place the Wars begun betwixt them and the King; and truly having seriously read all their primitive most excellent Declarations, and sufficiently my self smarted under the Kings irregular government, in the violating of the Laws of England, the compact betwixt him and his people; which he in my judgment had then notably violated; And not in the least doubtting but they would be as good as their words and Declarations, which were to secure the Peoples Lawes and Liberties to them, and not in the least to seek themselves; to provide for their weale, but not for their woe: and reading in the Scripture, Rom. 13. that the end of the institution of all Magistracy in the world, is for a terror to evill doers, and for a praise to those that doe well; the serious consideration of which, wrought out something in reason in my own thoughts, to ballance the letter of those Laws, (which I then knew were absolutely for the King), somthing like those generall rules or maximes in Law, Edition: current; Page: [6-359] recorded by that most excellent of English Lawyers, Sir Edw. Cook, in his 4 part. Institut. fol. 330. which are, That although the Law (of England) speak in generall terms, yet it is to be bound up, or accepted, but where reason ceaseth, there the law ceaseth; for seeing reason is the very life and spirit of the Law it self, the Lawgiver is not to be esteemed to respect that which hath no reason, although the generality of the words at the first sight, or after the Letter seem otherwise: And it, in my reason, could not be rationall for any men to appoint a compact to be betwixt two parties, but to bind both equally alike, King as well as People; and not to keep the people bound to the expresse letter of the Kings part, or any others, when the King or that other, shall break his or theirs in twenty particulars, as by Ship-money, Projects, &c. And further, saith Cook, fol. 328. ibid. Such an interpretation of ambiguous things (in Law) is always to be made, that absurdities and inconveniences may be avoyded: but absurdities and inconveniences cannot be avoyded, if the express and single letter of any Law, in reference to a King or Parliament, shall tie or bind me to cut my own throat, or any other wayes destroy my self, or my companions, brethren, or neighbours, which is irrationall or unjust for me to do: 1 Part. Book Decl. p. 150. So upon these or the like grounds, I took up arms in judgment and conscience against the King, and contested with his misgovernment in subduing my legall and native Rights, and in my sufferings and arraignment at Oxford therefore, carried my self with a great deal of resolution and undauntednesse of spirit; for which the Parliament by speciall Declaration of the 17 of December 1642, justified me: which Declaration you may see 1 part Book Decl. pag. 802, 803. yea, and exchanged me very honourably, high above my quality and condition; and at my coming home, some of them that were no mean ones, proffered my wife a place of honour and profit for me, then reputed worth about 1000 l. per annum: which I conscientiously scorned and slighted, professing unto my wife, to her extraordinary grief, that I must rather fight (though it were) for 8 pence a day, till I see the liberties and peace of England setled, then set me down in a rich place for mine own advantage, in the midst of so many grand distractions of my native Country as then possessed it: and so I left old Essex, that had been so generous unto me in giving me almost 300 l. ready money at my deliverance, as Colonel Fleetwood and Colonel Harrison very well know: But him for all that (I say) I left; for his persecuting for non-taking the Covenant, and down to Lincolnshire I posted; to my then two Darlings and familiar Friends, Manchester and Cromwel; where I engaged theartily, [and spent all Essex his money freely] and continued in many a desperate service, till Manchester visibly degenerated, and would have hanged me, for being overhonest, and over active in taking in Tikel Castle too soon: which with his visible turning knave, and apparantly betraying his trust at Denmington, in designing his Army, or the best part of it, a sacrifice to the Kings fury, made me engage against him and others of his Associates, with Cromwel, who thereunto sollicited me, and also threw up my Commission; and so his basenesse spoyled a Souldier of me, that I could never fight as a Souldier since; although Cromwel by himself face to face, and by his Agents (I am confident of it) hath from time to time much, and as earnestly solicited me, as is possible for a man to be solicited, to take up command in Fairfax his Army. But no Edition: current; Page: [6-360] sooner was I by the ears with Manchester, who first began with me, but Mr. Prynn wrote his desperate invective Books against us all that would not be conformable to the Covenant (that Cheat,) and the Scots Presbytery (that every thing and nothing;) and would have had us all destroyed, or banished the Land of our Nativity: so in conscience to God, and safety to my self and brethren (Mr. Edmund Roser, my present unworthy Antagonist, being then my pastor or teacher) I was inwardly compelled to deal with him, that thus sought to destroy the generation of the righteous; and accordingly I wrote him a sharp Epistle, now in print, dated 7 Jan. 1644. which brought upon my back a whole sea of troubles; and a Vote or Votes in the House of Commons past against me: whereupon, without any more adoe, black Corbet and the Committee of Examinations makes me a Prisoner, and tosseth and tumbleth me to the purpose: So before him, upon the 13 of June 1645, was I forced to give in my reasons (now in print) wherefore I wrote that excellent and seasonable Epistle (which was the first avowed publick Cannon I know of in England, discharged against the then insulting Presbyter, for the liberty of the consciences of my present bloudy and malicious persecutors, that now stile themselves the Pastours and Leaders of the Churches of God; but do indeed and in truth, by their unnaturall, unchristian, and unjust actions deserve no other stile, but men fit for nothing but to be the Pastors and Leaders of the Synagogue of Satan.) The whole story of which contest with Mr. Prynn, you may read at large in the beginning of my Book, called Innocency and Truth justified. And I hope my present Adversaries, who pretend themselves to be Leaders in the Churches of God, will justifie and acquit me from guilt or crime in these contests; especially considering that they themselves (that now are so violent in hunting after my bloud, and the bloud of my Associates, in the day of our trouble and calamity, now we are under hatches) durst then do nothing manlike for themselves; but sate in silence like a company of sneaks without souls or hearts.

And then before I well got rid of this broyl, you your self got the House of Commons the 19 day of July 1645. to fall upon my bones, and Vote me to prison I know not wherefore, unlesse it were for riding post from Summerset-shire through twenty dangers to bring you the first news of the Lord Gorings Army being routed at Lampert; for you never told me other to this hour; but yet I was tossed by your own means, from Hunt your Serjeants hands, to the hands of Knight his Deputy; and from thence the 9 of August to Newgate, by that old Patentee Monopolizer Lawrence Whittaker, then Chairman to the Committee of Examination; and when you had got me to Newgate, then you got your Bull-dogs in the House to bait me to the purpose, and also turn’d me over to be araigned at the sessions in Old-baily and so to be hanged at Tyburn; for you appointed Bradshaw your bloody and unjust Lord President, Master Seale and Walker &c. to prosecute me for my life; But after I had sufficiently baited both you and your unjust house; you sent me to Newgate a hundred pound in mony, I thinke to get me to hold my peace, and the 14 of October 1645. most honorably Voted me out of Prison, and so your self being my accuser, prosecuter and Judge, Justified me in this contest, the relation of which you may at large read in that notable book called Englands Birth-right, and in my Epistle of two sheets of paper Edition: current; Page: [6-361] in print dated 25. July 1645. but especially in my Large Book forementioned, and called Innocency and Truth Justified; and in this contest with you, my old acquzintance Doctor Bastwick, (for whose sake in the Bishops days I underwent more sorrows then is to be found in any ordinary death) fell upon me also, so that likewise I was faine to contest a little with him, but he begunne first.

And after this, viz. upon the 14 day of April 1646. Colonel Edward King arrests me in an Action of 2000 l. at Westminster for calling him Traitor, which was only in truth, for discharging my duty in prosecuting him, for betraying his trust to the Kings Party, while he was my, Colonel in Lincolnshire, and in this contest abundance of your own Ordinances justified me: which while I pleaded them in my Epistle to Judg Reeve of the 6 of June 1646 now in Print, before whom Kings action were dependent; the guilty conscioned Judge grew as angry with me therefore, as the Lawyers in Christs time did at him for reproving the hypocrisie of the Scribes and Pharisees, although nominally he medled not with them, yet their own guilty consciences did inwardly accuse them, which made one of them say, Master, in saying thus, thou reproachest us also, Luke 11. 45. unto whom Christ replyes and saith, vers. 46 &c. We unto you also ye Lawyers; for ye lade men with burdens grievous to be born and you your selves touch not the burthens with one of your fingers. We unto you for you build the Sepulchers of the Prophets; and your Fathers killed them. Truly ye bear witnesse that ye allow the deeds of your Fathers: for they indeed killed them, and you build their Sepulchers. Therefore also said the wisdom of God, I will send them Prophets and apostles, and some of them they shall slay and persecute; That the bloud of all the Prophets which was shed from the foundation of the world may be required of this Generation, from the bloud of Abel. unto the bloud of Zacharias, which perished between the Altar and the Temple: Verily I say unto you it shall be required of this Generation. Wee unto you Lawyers for ye have taken away the key of knowledge, ye entred not in your selves, and them that were entring in you hindred.

And accordingly Judge Reeves being wounded within at the down-right truth of my forementioned Epistle or Plea, that lasheth the base and abominable coruptions of him and the rest of his Brother-Judges, then and now Administrators of the Law; and finding something in it that brands Manchester for an unjust man in his late Generalship, who then was Speaker of the House of Peers, away to him trudgeth the Judge in all post haste with my Book, to get him by his power to be revenged of me, which he was easily provoked and perswaded too, and accordingly the 10 of June 1646. He gets an Order to passe the Lords House, To summon me up to the Lords Bar to answer to such things as I stood Charged before their Lordships with, concerning the writing the foresaid Letter or plea, and when led me to their Bar they dealt with me like a Spanish Inquisition, in examining me against my selfe, which forced me then at the Bar to deliver in my plea in Law, to prove that by the Laws of England they had no Jurisdiction over Commoners, to try them either for life, limb, liberty, or estate, which you may read in my Printed Book, called The Freemans freedom vindicated, which plea and protestation made them mad, and for which they sent me to Newgate, from whence upon the 16 of June I sent my appeal for Justice to the House of Commons against there, which made the Lords Edition: current; Page: [6-362] madder, whereupon they upon the 22 of June 1646 issuewed out an Order to bring me to their Bar again, where in contempt of their Jurisdiction, I refused to kneel, for which they committed me to the foresaid Wollaston Keeper of Newgate, to be kept close Prisoner without pen, inke or paper, the accesse of my wife or any other friend, which was with rigour sufficiently exercised upon me; till the 10 of July 1646. which day they issued out another Order to bring me again to their Bar, at which when I came, in the height of contempt of their Jurisdiction, I marched in amongst them with my hat on, So not only refused to kneel at their Bar, But also with my fingers stopt both my ears when they went about no read my pretended Charge, for all which they fined me 4000l. to the King, and further sentenced me to be a prisoner seven yeares, or during their pleasure, in the Tower of London, to be for ever disfranchised of being capable to bear any office or place, in Military or Civill Government, in Church or Common-wealth; and accordingly I was committed to the Tower, where I was in the nature of a close prisoner, divorced from the society of my Wife, till the 16 of September 1646. Whereupon a strong warre was made upon the Lords and their Jurisdiction, by the Authors of those two notable Books, called Vox plebis, and Regall Tyranny, and I also paid them prety well my self, in my two large books, Called, Londons Liberty in chaines discovered, and Londons Charters, and by a large Petition of my Wives, and accompanied at the delivery of it with divers of her feminine friends, I got my business to the examination of a Committee of the House of Commons, before whom I appeared, and pleaded the 9th. November, 1646. and had fair play, but waited month after month, and could get no report of it made by reason of the sway and power that Mr. Denzil Hollis, Sir Philip Stapleton, & the rest of their Associates had here in the House of Commons, who were then strong confederates with the Lords in their unjust usurpations, and my then professed enemies, in keeping me from Justice, the benefit of the Law and my right: whereupon I was compell’d and necessitated by a hard, long, and almost starving imprisonment to engage against them; which I did to the purpose, as you may read in my Books, called, The oppressed mans oppressions declared; The out-cryes of oppressed commons; The resolved mans Resolution; and Rash-Oaths. And then the Army turned up the chief of their heals, by a trick of Hocus Pocus, alias, An Impeachment; And then up got Mr. Oliver Cromwell my pretended friend, with whom; and in whose quarrel (for the Liberties of the Common-wealth (as he pretended) at his earnest solicitation of my wife in London, to send for me from the Leaguer then at Crowland; (and by his message delivered unto me for that end, by his brother-in-law Major Desborough, near Sir Will. Russell in Cambridg-shire) I engaged against the Earl of Manchester, &c. and was one of the first Evidences that gave in my testimony against him, before Mr. Lisle then chairman to that committee, where Manchesters impeachment did then depend; but alass, Mr. Oliver impeached him only for this end, (as the sequel fully declares) not in the least for Justice-sake, but only to get him, &c. out of his command) that so he might get in a friend of his own into it that he could rule, and it may be in time himself; both of which he bath compleatly done: but I say Mr. Oliver; by the help of the Army at their first Rebellion against the Parliament, their Lords and Masters, was no sooner up, but like a most perfidious base unworthy Edition: current; Page: [6-363] man, he turned my enemy and Jaylor, and was as great with Manchester in particular as ever; yea, and the House of Peers were his only white Boyes; Being more then his Judges, and more conformable to his will then the House of commons it self; and who but Oliver (that before to me had called them in effect both tyrants and usurpers) became their Proctor where ever he came, yea, and set his son Ireton at work for them also, insomuch as at some meetings with some of my Friends at the Lord Whartons lodgings, he clapt his hand upon his breast, and to this purpose, professed as in the sight of God, upon his conscience, That the Lords had as true a right to their Legislative and Jurisdictive power over the Commons, as he had to the coat upon his back; and he would procure a friend, viz. Mr. Nath. Fiennes, should argue and plead their said right with any friend I had in England; and not only so, but did he not get the Generall and councell of War at Windsor (about the time when the Votes of no more Addresses were to pass) to make a Declaration to the whole Kingdom, declaring the legall Rights of the Lords House, and their fixed Resolutions to maintain and uphold it? which, as I remember was sent by the General, &c. to the Lords by Sir Hardesse VValler; and to indear himself the more unto the Lords (in whose House without all doubt he intended to have sate himself:) he requited me evil for good, and became my enemy to keep me in prison, out of which I must not stir, unless I would stoop and acknowledge the Lords jurisdiction over commoners, (and for that end he set his Agents and Instruments at work to get me to doe it;) And it became the above-board work of him and his son-in-law, after a little under-hand working, to make all means gone about in the Army for my liberty, ineffectuall, or a snare to me; so that I was pinched and forced for my own preservation, to fall about Olivers cares, and his Sons both, to discover their depth of knavery acted by themselves and agents in their base dealing with me, (who was then almost destroyed in prison by their villany) as you may partly read in my Books, called, The Juglers discovered; Jonah’s cryes out of the Whalesbelly; The Peoples Prerogative; My additionall Plea before Mr. John Maynard of the House; and my Whip for the present House of Lords.

But to fill up the measure of his malice against me, after by my own industry and importunity, I had got a little Liberty, in spite of him and his faction, from your House, he and his Faction got your House again to commit me and Mr. Wildman prisoners as Traytors, upon 19. Jan. 1647. for but mannaging an honest Petition, that did but a little touch upon the Lords power: And yet this very Mr. Oliver hath since been the principall Instrument to pluck up the House of Lords by the roots, as usurpers and encroachers, because they would not joyn with him to cut off the King’s head (for that which he is as guilty of himself) and so take him out of his way, that he might be absolute King himself, as now he is, and more then ever the King was in his life: for he can, and hath taken severall free men of England by the shoulders at the House door, and in Westminster-hall, and by his will, without any due processe of Law, commited them prisoners to his mercinary Janisaries, (as lately he hath done to honest Colnel Chesman, (not of the Army) for but delivering a Letter of his unjustly imprisoned Captains, Cap. Bray, to the Speaker, and soliciting him for an Answer to it.) The like of which Tyranny the King never did in his Reign; and yet by Saint Edition: current; Page: [6-364] Oliver’s means lost his head for a Tyrant. But the thing that I principally drive at here, is, to declare, that Oliver and his Parliament now at Westminster (for the Nations it is not) having pluck’d up the House of Lords by the roots, as usurped, tyrannicall, and unjust, hath thereby himself justified me in all my contests with them, in denying their Jurisdiction over Commoners by Law.

And although Oliver had his hands full with Poyer, Goring, Holland, Hamilton and Langdale the last yeer; but especially with the generall odium that was then in both Houses against him, upon the notable Impeachment of his Major Huntington, and I then by my absolute freedom was a little up, and could have at my pleasure been revenged of him, if I had so pleased, either by divisions in his Army, which was easily then in my power; or by joyning in impeaching him with Major Huntington; which I had matter enough to do, and was earnestly solicited to it again and again, and might have had money enough to boot in my then low and exhausted condition: yet I scorned it, and rather applyed my hand to help him up again, as not loving a Scotch Interest, as is very well and fully known to his present darling Mr. Cornelius Holland, and also to Colonel Ludlow, and Mr. Thomas Challoner, with other Members that I could name; and which was demonstrated to himself by a Letter I sent him by Mr. Edw. Sexby, whom on purpose I procured to go down to him: the true Copy whereof thus followeth:

John Lilburn

Lilburn, John

3 of August 1648

Sir,

WHat my Comrade hath written by our trusty Bearer, might be sufficient for us both; but to demonstrate unto you that I am no staggerer from my first principles that I engaged my life upon, nor from you, if you are what you ought to be, and what you are strongly reported to be; although, if I prosecuted or desired revenge for an hard and almost sterving imprisonment, I could have had of late the choice of twenty opportunities to have payd you to the purpose; but I scorn it, especially when you are low: and this assure your self, that if ever my band be upon you, it shall be when you are in your full glory, if then you shall decline from the righteous wayes of Truth and Justice: Which, if you will fixedly and impartially prosecute, I am

Yours, to the last drop of my heart bloud,
(for all your late severe hand towards me)

From Westminster the

3 of August 1648

,
being the second
day of my Freedom,

JOHN LILBURN.

Which Letter &c. as I have been told by the Bearer, was not a little welcome.

But his dealings with me now manifest that Proverb to be very true, viz. Save a Thief from the Gallows, and for your requitall, he will be the first shall hang you. But to this I shall say no more but what the Spirit of truth saith in Prov. 17. 13. That he that rewards evill for good, evill shall not depart from his house. And being at liberty, not liking in the least the several juglings I observed in Edition: current; Page: [6-365] divers great ones in reference to the personall Treaty, and that there was nothing worth praising or liking thought of or presented by the Parliament in reference to the Peoples Liberties or Freedoms, (especially considering their late large expences and hazards for the procurement of the settlement of them) I was compelled in conscience to have a hand in that most excellent of Petitions of the 11 of Septemb. 1648. which (I am sure) was no small piece of service to Cromwel and his great Associates: though his Church-men now my chiefest Adversaries, durst not joyn in it, nor own it for very fear. And having been in the North about my own business, where I saw Cromwel, and made as diligent scrutinies into things about him as I could; which I then to my self judged, favoured more of intended self-exalting, then any thing really and heartily (of what before I had strongly heard of him) to the through advancement of those things that were worthy to be accounted indeed the Liberties and Freedoms of the Nation.

And being come to London, my self and some other of my friends, by two Messengers, viz. Mr. Hunt one of Cromwel’s creatures, and another, sent a Message down to him to Pomfret to be delivered to himself, and to debate it with him, and bring his expresse Answer back again speedily: the effect of which Message was,

That to our knowledge, God had caused him to understand the principles of a just Government, under which the glory of God may shine forth by an equall distribution unto all men.

That the obtaining of this was the sole intended end of the Warre: and that the Warre cannot be justified upon any other account, then the, defence of the peoples right, unto that just Government, and their Freedom Under it.

His Answer to which Message by Mr. Hunt was principally directed to the Independents; some of whom appointed a meeting at the Nags-head Tavern by Blackwell-Hall, and invited Mr. Wildman and my self, &c. thither, whether we went accordingly, and where wee met with Colonel Tichburn, Col. John White, Dr. Parker, Mr. Taylor, John Price, and divers others; where we had a large debate of things, and where the just ends of the War were as exactly laid open by Mr. VVildman, as ever I heard in my life. But towards the conclusion, they plainly told us, The chief things first to be done by the Army, was first To cut off the Kings Head, &c. and force and throughly purge if not dissolve the Parliament: All of which we were all against, and press’d to know the bottom of their center, and in what they would absolutely rest for a future Settlement: and I plainly told them in these words, or to this effect.

Its true, I look upon the King as an evill man in his actions, and divers of his party as bad: but the Army had couzened as the last yeer, and fallen from all their Promises and Declarations, and therefore could not rationally any more he trusted by us without good cautions and security: In which regard, although me should judge the King as arrant a Tyrant as they supposed him, or could imagine him to be; and the Parliament as bad as they could make them; yet there being no other balancing power in the Kingdome against the Army, but the King and Parliament, it was our interest to keep up one Tyrant to balance another; till we certainly knew what that Tyrant that pretended fairest would give us as our Freedoms; that so we might have something to rest upon, and not suffer the Army (so Edition: current; Page: [6-366] much as in us lay) to devolve all the Government of the Kingdom into their wills and swords (which were two things we nor no rational man could like) and leave no persons nor power to be a counterbalance against them: And if we should do this, our slavery for future (I told them) might probably be greater then ever it was in the Kings time, and so our last errour would be greater then our first: and therefore I pressed very hard for an Agreement amongst the People first, utterly disclaiming the thoughts of the other, ill this was done. And this (I told them) was not onely my opinion, but I believe it to be the unanimous opinion of all my friends with whom I most constantly conversed.

At which the Gentlemen Independents were some of them most desperately cholerick: But my opinion being barked with the Speeches of some others of my Friends, we came calmly to chuse out four and four of a side to debate and conclude of some Heads towards the accomplishment of an Agreement of the People: and (as I remember) their four were Colonel Titchburn. Col. White, Dr. Parker and Jo. Price; and our four were M. William Walwyn Lieutenant Col. Wetton, M. John Wildman, and my self. But John Price sent some of the company to tell us (after we were parted, and some of us drinking a cup of wine below) he would not make one, if Mr. Walwyn was one, for he had a prejudice against him. Unto which I replyed, M. Walwyn had morre honesty and integrity in his little finger, then John Price had in all his body; and therefore No meeting for me, seeing John Price was so base, unlesse Mr. VValwyn was one, though we had but two of a side: but the businesse being much debated and expostulated, Mr. VValwin and John Price both (for peace sake) were at present laid aside: and according to appointment (as I remember) all the other six met the fifteenth of Novemb. 1648, being Wednesday, at the fore-mentioned Nags head; and there, after some debate, unanimously agreed in these words, viz. That in our conceptions, the onely way of Sentiment is.

1. That some persons be chosen by the Army to represent the whole Body: And that the well affected in every County (if it may be) chuse some persons to represent them: And those to meet at the Head-Quarters.

2. That those persons ought not to exercise any Legislative power, but only to draw up the foundation of a just Government, and to propound them to the well-affected people in every County to be agreed to: Which Agreement might to be above Law; and therefore the bounds, limits and extent of the people’s Legislative Deputies in Parliament, contained in the Agreement to be drawn up into a formall contract, to be mutually signed by the well-affected people and their said Deputies upon the days of their Election respectively.

3. To prevent present confusion, the Parliament (if it be possible) may not be by force immediately dissolved; but that the day of its dissolution be inserted in that Agreement, by vertue whereof it shall be dissolved.

4. That this way of Settlement, (if it may be) should be mentioned in the Armie’s first Remonstrance.

5. That the matter of the Petition of Septemb. 11. be the matter to be setled.

Which Agreement of ours (as I remember) was immediately sent away to the Head Quarters at St. Alban’s by Mr. Hilard of Southwark, where (as it was afterwards told us, it was very well accepted and approved of by the Edition: current; Page: [6-367] great ones there; whose high and mighty Declaration (which by [Editor: illegible word] Windsor, when he pretended to lay down his Commission) against the King coming to our view, we made divers objections against many passages in it, but especially at divers lashes that excitely at the beginning of it hinted at us; which we told some of their friends, could not he put in with a spirit of peace towards us, or intention of good to the Nation, in those good things we desired and propounded for it: But it was with many fair expressions salved up by them; upon which we judged it requisite for some of us to go to Windsor, to speak with Mr. Ireton the Stear-man himself; and accordingly (as I remember) Lieut. Colonel VVelton, Mr. Petty, Mr. VVildman, and my Self met there; and having drawn up our thoughts in writing, we communicated them to Col. Tychburn, Col. VVhite, M. Moyer, and divers others of the Independent Party, who were with us to the Governours house, where we met with Mr. Peters, the grand Journey, or Hackney-man of the Army; and after we had acquainted him with our mindes, we delivered him a copy of our Paper, containing distinctly the Heads of what we desired, and intreated him to deliver them to Commissary Ireton, with whom we desired to discourse about them; who sent us word, at such an hour he would come to our Inn at the Garter, to speak with us about them; and accordingly he did, accompanied with a whole Train of Officers; and a large and sharp discourse we had; our principall difference lying at his desire in the too strict restraining Liberty of conscience, and in keeping a power in the Parliament to punish where no visible Law is transgressed; the unreasonablenesse of which was much spoken against by divers of the principall Officers with him, but especially by Col. Harrison, who was then extreme fair and gilded. And so little satisfaction had we at this meeting, from Ireton (the Army's Alpha and Omega) that we despaired of any good from them, and were in a manner resolved to come away in haste to London, and acquaint our friends with our conceptions, and so improve our Interests forcibly, as much as we could, to oppose their intended designes. But Colonel Harrison coming to us again at ten o clock, according to our desire, we had a private and large discourse with him, and fully and effectually acquainted him with the most desperate mischievousnesse of their attempting to do these things, without giving some good security to the Nation for the future settlement of their Liberties and Freedoms, especially in frequent, free, and successive Representatives, according to their many Promises, Oathes, Covenants and Declarations; or else as soon as they had performed their intentions to destroy the King, (which we fully understood they were absolutely resolved to do, (yea, as they told us, though they did it by Martiall Law) and also totally to root up the Parliament, and invite so many Members to come to them as would joyn with them, to manage businesses, till a new and equall Representative could by an Agreement be setled; which the chiefest of them protested before God, was the ultimate and chiefest of their designes and desires.) I say, we press’d hard for security, before they attempted these things in the least, lest when they were done we should be solely left to their wills and swords; by which, we told them, they might role over us arbitrarily; without declared Laws, as a conquered people, and so deal with us as the poor slavish peasants in Edition: current; Page: [6-368] France are dealt with, who enjoy nothing that they can call their own. And besides, we plainly told him, we would not trust their bare words in generall onely, for they had broke their promise once already, both with us and the Kingdom; and he that would break once, would make no conscience of breaking twice, if it served for his ends, and therefore they must come to some absolute particular compact with us, or else, some of us told him, we would post away to London, and stir up our Interest against them, yea and spend our blouds to oppose them. To which he replyed to this effect, It was true in what we said; for he must ingenuously confesse, they had once broken [Editor: two illegible words] and the Kingdom, and therefore acknowledged it was dangerous trusting them upon Generals again: But saith he, we cannot stay so long from going to London with the Army in so perfect an Agreement; and without our speedy going, we are all unavoydably destroyed to [Editor: illegible word] (saith he) we fully understand, that the Treaty betwixt the King and Parliament is almost concluded upon: at the conclusion of which, we shall be commanded by King and Parliament to disband, the which if we do, we are unavoydably destroyed for what we have done already: and if we do not disband, they will by Act of Parliament proclaim us Traytors, and declare us to be the onely hinderers of setling peace in the Nation; and then (saith he) we shall never be able to fight with both the Interest of King and Parliament: so that you will be destroyed as well as most, for we certainly understand that Major Generall Brown &c. are underhand preparing an Army against us. And therefore I professe, I confesse, I know not well what to say as your Reasons, they are so strong; but our Necessities are so great, that we must speedily go or perish; and to go without giving you some content, is hazardable too.

Well Sir, (said we) we have as much cause to distrust the Parliament men, as we have to distrust you; for we know what and how many large promises they have made to the Kingdom; and how little they have performed; and we also know what a temptation Honour, Power, and profit are even to those spirits that were pretty ingenuous and honest before; and when you have done your works and goe, as you pretend, forty or fifty of the honestest Members of the House to you; alas, (said we) It will be a mock Power; yet they may finde such sweetnesse and delight in their pretended power, that they may fly to your swords for their protection, and bid us go shake our ears for our Agreement, and go look it where we can catch it. And therefore we will trust generals no more to your forty or fifty Members of Parliament, then to you: for it’s possible, if we leave the Agreement to their framing, they may frame us such a one as will do us no good, but rather make us slaves by our own consents, if signed by us: and therefore we press’d him that we might agree upon a small and absolute Judge of the matter and method of the Agreement, that so we might not spend months and yeers in dispute about it. And therefore we would propound this unto him, That if their honest friends in the Parliament, as they called them, would chuse four from amongst themselves, and the Army four from amongst themselves, and the Independents four from amongst themselves; we that were nick-named Levellers, would chuse four from among our selves; and these sixteen should draw up the Agreement finally, without any more appeal to any other; and we for our parts, so far as all our Interest in England extended, would be Edition: current; Page: [6-369] willing to acquiesce in, and submit to the determinations of them 16, or the major part of them: And we would be willing the Presbyterian party should be invited and desired to chuse four more to be of equall authority with the other sixteen. Provided, they did it by the first day we should appoint to meet upon.

Which Proposition he approved of extraordinary well, and said, It was as just, as rationall, and as equitable as possibly could be; and said, He doubted not but all Interests would center in it, and ingaged to acquaint them with it: and so we parted, very glad that we were likely to come to some fixed agreement for the future enjoyment of our dear bought, and hard purchased Freedoms.

And the next morning we went to the Gentlemen Independents, that lay the next door to us, who were almost ready to horse for London, and we acquainted them with it, who liked it very well, and with whom we fixed a night for severall distinct meetings in London, to chuse our respective trustees for this work, and also appointed a day to meet at Winsor again about it, and from them we went to Master Holland, who then was the chief stickler, for those they called honest men in the House of Commons, and as I remember we met Colonel Harison, Master Holland, and Captaine Smith a Member, and his Son in Law in the Street, and Master Holland seemed exceedingly to rejoyce at the Proposition. Colonel Harison having told him of it before, which we repeated over distinctly to him, that so in conclusion we might not be gulled through pretence of mistakes or misunderstandings; which we were continually afraid we should meet with; so we went all together to Commissary Generall Iretons chamber to have his concurrence, which of all sides was taken for the concurrence of the whole Army, or at least for the powerfull and governing part of it; he being in a manner both their eyes and ears: so when we came to his Chamber in the Castle, he was in Bed with his Wife, but sent us out word by Colonel Harison as he averred to us, that he did absolutely and heartily agree to the foresaid Proposition, which to avoid mistakes, was again repeated, so we seemed joyfull men of all sides, and apointed a day speedily to meet at Winsor, about it, Master Holland againe and againe engaging for four Parliament men, and Colonel Harison, with Commissary Ireton for four of the Army, as we Londoners had done for each of our tribe; and so to horse we went, and I overtook upon the road the whole gang of Independants, with whom I discoursed again, and acquainted them all fully with the absolutenes of our agreement, which they acquainted their friends with in London, who chose Colonel Tichburn, Colonel Iohn White, Master Daniel Taylor, and Master Price the Scrivener; And for our party, there was by unanimous consent of the Agents from our friends in and about London, at a every large meeting chosen Master William Walwyn, Master Maximilian Petty, Master Iohn Wildman and my Self, and for the honest men of the Parliament as they were called, they had severall meetings at the Bell in Kings-street, and at Summerset-house, where as I was informed, they chose Colonel Henry Martyn, Colonel Alexander Rigby, Master Thomas Challiner and Master Scot, with one or two more to supply the places of those of them that should be absent at any time about their occasions; so when we came to Winsor the Army men had chosen Commissary Generall Ireton, Sir William Constable, and as I remember Colonel Tomlinson, Edition: current; Page: [6-370] Colonel Baxster, Lieutenant Colonel Kelsey, and Captain Parker, some two of the which last 4 should alwayes make up the number; so we had a meeting in their Councel-Chamber at the Castle, where we were all of all sides present, but only the Parliament men, for whom only Colonel Martyn appeared, and after a large discourse about the foundations of our agreement, we departed to our Lodging, where Colonel Martyn and we four nick-named Levellers, lockt our selves up, and went in good earnest to the consideration of of our Agreement, but much was not done in it there, because of their haste to London to force and break up the Parliament (which Journy at all, was very much opposed by M. Walwyn, and many reasons he gave against their march to London at all) the absolute desolution of which their friends in the House would no ways admit of, although Ireton, Harison &c. commonly stiled it then a Parliament that had forfeited us trust, a mock Parliament, and that if they did not totally dissolve it, but purge it, it would be but a mock Parliament, and a mock power however; for where have we say they either law, warrant or Commission to purge it, or can any thing justifie us in the doing it; but the height of necessitie to save the Kingdom from a new war, that they with the conjunction with the King will presently vote and declare for, and to procure a new and free representative and so successive and frequent free Representatives, which this present Parliament will never suffer, and without which the freedoms of the Nation are lost and gone, and the doing of which can only justifie before God and man our present and formr extraordinary actings with, and against legall Authority, and so all our fighting fruitlesse; and this was their open and common discourse, with more of the like nature; and to those that objected against their totall dissolving or breaking the House, (and the illegalitie of their intended and declared trying of the King, which also was opposed by us, till a new and unquestionable Representative was sitting;) as I am able sufficiently by pluralitie of witnesses to prove and justifie, yea when they were come to London, Ireton, &c. and some Members of the House (in a Chamber neer the long Gallery in VVhite-hall,) had a large conference, where and to whom he stifly maintained the same to their faces, calling this Purg’d Parliament, a mocke power and mocke Parliament, which Members I beleeve if there were a necessity of it, I could produce to justifie it; for I am sure one of them told me the substance of all the discourse immediatly after it happened; So that if it be treason to call this a Pretended Parliament, a mock power, a mock Parliament, yea and to say in plain English, that it is no Parliament at all, then they themselves are the prime, the chief and originall traytors; and if this be true, as true it is; then there is neither Legall Judges, nor Justices of Peace in England; and if so; then all those that are executed at Tiburne, &c. by their sentences of condemnations given against them, are meerly murthered and the Judges or Justices that condemned them are liable in time to be hanged (and that justly) therefore, for acting without a just and legall commission either from true Regall, or true Parliamentary power; see for this purpose the notable arguments in the 13, 14, but especially 15 page of the second Edition of my late picture of the Councell of State: But to returne to our acting to compleat the Agreement, all parties chosen of all sides constantly mett at White-hall after the Army came to town, saying the Parliament men failed, only Master Martin was most commonly there, and a long and tedious tug we had with Commissary Generall Ireton only, yea sometimes Edition: current; Page: [6-371] whole nights together, Principally about Liberty of Conscience, and the Parliaments punishing where no law provides, and very angry and Lordly in his debates many times he was; but to some kind of an expedient in the first, for peace sake we condescended in to please him, and so came amongst the major part of the 16 Commissioners, according to our originall Agreement, to an absolute and finall conclusion; and thinking all had been done as to any more debate upon it, and that it should without any more adoe be promoted for subscriptions, first at the Councell of Warre, and so in the Regiments, and so all over the Nation; but alas poor fools we were meerly cheated and cozened (it being the principall unhappinesse of some of us (as to the flesh) to have our eyes wide open to see things long before most honest men come to have their eyes open; and this is that which turns to our smart and reproach) and that which we Commissioners feared at the first, viz. (that no tye, promises nor ingagements were strong enough to the grand Juglers and Leaders of the Army, was now made cleerly manifest, for when it came to the Councel, there came the Generall, Crumwell, and the whole gang of creature Colonels and other Officers, and spent many dayes in taking it all in pieces) and there Ireton himself shewed himself an absolute King, if not an Emperor, against whose will no man must dispute, and then shittlecock Roe their Scout, Okey, and Major Barten (where Sir Hardresse VValler sate President) begun in their open Councell to quarrell with us by giving some of us base and unworthy language, which procured them from me a sharpe retortment of their own basenesse and unworthinesse into their teeth, and a CHALLENG from my selfe, into the field besides seeing they were like to fight with us in the room, in their own Garison, which when Sir Hardresse in my eare reproved me for it, I justified it and gave it him again for suffering us to be so affronted: And within a little time after I took my leave of them for a pack of dissembling juggling Knaves, amongst whom in consultation ever thereafter I should scorn to come (as I told some of them;) for there was neither faith, truth, nor common honesty amongst them: and so away I went to those that chose and trusted me, and gave publikely and effectually (at a set meeting appointed on purpose) to divers of them an exact account how they had dealt with us, and couzened and deceived us; and so absolutely discharged my self for medling or making any more with so perfidious a generation of men as the great ones of the Army were, but especially the cunningest of Machiavilians Commissary Henry Ireton: and having an exact copy of what the greatest part of the foresaid sixteen had agreed upon, I onely mended a clause in the first Reserve about Religion, to the sense of us all but Ireton, and put an Epistle to it, of the 15 of December 1648, and printed it of my own accord, and the next day it came abroad; about which Mr. Price the Scrivener and my self had a good sharp bout at Colonel Tichburn’s house within two or three dayes after, where I avowed the publishing of it, and also putting my Epistle to it of my own head and accord. And after that I came no more amongst them, but with other of my friends, prepared a complaint against their dealing with us, and a kinde of Protest against their proceedings; which with my own hand I presented to the Generals own hands at the Mews, the 28 of December 1648, being accompanied with Major Robert Cobbes, Mr. Thomas Prince, Mr. George Middlemore, Edition: current; Page: [6-372] Mr. Robert Davies, Mr. Richard Overton, Mr. Edward Tenth, Mr. Daniel Linton, Mr. William Bottom, Mr. John Harris, Mr. Thomas Dafferne, Mr. Thomas Goddard, Mr. Samuel Blaiklock, Mr. Andrew Dednam, Mr. John Walters, and Mr. Richard Pechel; and which was immediately printed by Ja. and Jo. Moxon, for William Larner, at the signe of the Black Moor neer Bishops-gate: within two or three dayes of the delivery of which, I went towards my Journey to Newcastle; and about five weeks after my arrivall in those parts, I heard that the General and his Councel had presented their Agreement to your House: which, when I read the title page of it, I found it to be upon the 20 of January 1648, which is compleat 35 dayes after my publishing of that which is called ours.

And yet in the third and fourth pages of a Declaration of the proceedings of the General in reducing the late revolted Troops, appointed by his Excellency and his Councel of VVar to be printed and published May 22 1649, and signed by their Order, Richard Hatter Secretary, and first printed at Oxford, and then re-printed at London May 23 1649. I finde these very words, viz.

The grounds and manner of the proceedings of these men that have so much pretended for the Liberty of the people, have been as followeth:

There was a paper stiled the Agreement of the people, framed by certain select persons, and debated at a generall Councel of Officers of the Army, to be tendered to the Parliament, and to be by them commended over to the people of the Nation: It being hoped, that such an Expedient, if assented unto, at least by the honest part of the people that had appeared for this common Cause, to which God hath so witnessed, it would have tended much to settlement, and the composing of our differences; at least have fixed honest men to such grounds of certainty as might have kept them firm and entire in opposing the common enemy, and stand united to publick Interest.

The generall Councell of the Army, and the other sorts of men, going then under the name of Levellers (so baptized by your selves at Putney) who (by their late actings have made good the same which we then judged but an imputation) had (as now it appears) different ends and aims, both in the matter and manner of their proceedings: That which was intended by those men, was to have somewhat tendred as a test and coertion upon the people, and all sorts of men and Authorities in the Land: That which these, to wit, the Councell of the Army aimed at, was to make an humble Representation of such things as were then likely to give satisfaction, and unite, and might be remitted to. MENS JUDGMENTS, to be owned or disowned as men were satisfied in their consciences, and as it should please God to let men SEE REASON for their so doing; that so it might not be onely called an Agreement, but through the freedom of it, be one INDEED, and RECEIVE IT’S STAMP OF APPROBATION FROM THE PARLIAMENT TO WHOM IT WAS HUMBLY SUBMITTED.

HEREUPON THOSE OTHER MEN TOOK so much DISSATISFACTION, that they forthwith printed and spread abroad their paper, which was different from that of the Army; using all possible means to make the same to passe: but with how little effect, is very well known. And finding by the Armie’s application to the PARLIAMENT, that they were likely, according to their duty, to STAND BY AND OWN THEM AS THE SUPREME AUTHORITY OF THE NATION, they have by all means assayed to vilipend Edition: current; Page: [6-373] that Authority, presenting them to the people (in printed Libels, and otherwise) as worse Tyrants then any who were before them.

In which passage of the Generals and his Councel, I shall desire to observe these things, which plainly to me are in the words: and if they can make it appear that I mistake their words as they are laid down, I shall cry them mercy.

First, That they give a false and untrue Narrative of the original occasion of that Agreement, to which by our importunate importunity they were necessitated, and drawn unto that little they did in it as a Bear to the stake, as is truely by me before declared; and which, as the sequell shews, they undertook meerly to quiet and please us (like children with rattles) till they had done their main work; (viz. either in annihilating or purging the House to make it fit for their purpose, and in destroyng the King; unto both which they never had our consents in the least) that so they might have no opposition from us, but that we might be lull’d asleep in a fools paradise with thoughts of their honest intentions, till all was over; and then totally lay it aside, as they have done, as being then able to do what they pleased whether we would or no: for if they ever had intended an Agreement, why do they let their own lie dormant in the pretended Parliament ever since they presented it? seeing it is obvious to every knowing English eye, that from the day they presented it to this hour, they have had as much power over their own Parliament now sitting, as any School-master in England ever had over his Boys. But to them it was presented (who scarce ought to meddle with it) on purpose, that there, without any more stir about it, it might be lodged for ever: For alas, an Agreement of the People is not proper to come from the Parliament, because it comes from thence rather with a command then any thing else; so that its we, and not they that really and in good earnest say, it ought not to do, but to be voluntary. Besides, that which is done by one Parliament, as a Parliament, may be undone by the next Parliament: but an Agreement of the People begun and ended amongst the People can never come justly within the Parliaments cognizance to destroy: which the Generall and the chief of his Councel knew well enough; and I dare safely say it upon my conscience, that an Agreement of the People upon foundations of just freedom gon through with, is a thing the Generall and the chiefest of his Councel as much hates, as they do honesty, justice and righteousnesse, (which they long since abandoned) against which in their own spirits they are absolutely resolved (I do verily beleeve) to spend their heart blouds, and not to leave a man breathing in English air, if possibly they can, that throughly and resolutely prosecutes it; a new and just Parliament being more dreadful to them, then the great day of Judgement spoken so much of in the Scripture. And although they have beheaded the King, yet I am confidently perswaded their enmity is such at the Peoples Liberties, that they would sooner run the hazard of letting the Prince in to reign in his Fathers stead, then further really a just Agreement, or endure the sight of a new Parliament rightly constituted.

Secondly, Its plain to me out of their words, That they positively aver, that their Agreement was presented to the Parliament before ours was published Edition: current; Page: [6-374] in print; which I must and do here tell both the General and his Councel, is the arrantest lie and falshood under the cope of heaven: for I have truely before declared, and will justifie it with my life, that ours was printed above thirty dayes before theirs was presented; yea, it was printed before theirs was half perfected. But it is no wonder, when men turn their backs of God, of a good conscience, of righteousnesse and common honesty amongst men, and make lies and falshoods, oppression and bloody cruelty their sole confidence and refuge, that then they say or swear any thing; all which, if the Generall and his Councel had not done, they would have scorned and abhorred, in the face of the Sun, to have affirmed and printed so many lies, as in their foregoing words is literally (without wresting) contained.

Thirdly, They positively hint, our dissatisfaction was taken at them for presenting theirs to the Parliament; which is also as false as the former: for 1. Our dissatisfaction was above a month before declared in their open Councel by my self, &c. as Sir Hardresse Waller and divers others of them cannot but justifie. 2. Our dissatisfaction was long before taken, upon the grounds by me before specified: the manifestations of which dissatisfaction I presented to the Generals own hands the 28 of December 1648, accompanied and subscribed with my own name, and fifteen more of my Comrades, in behalf of our selves, and all our friends that sent us, which we also immediately caused to be printed. And their Agreement, as the Title of it declares, was not presented till the 20 of Jan. after.

Fourthly, They say, VVe used all possible means to make ours passe; but with how little successe, they say, is very well known. If they mean, we used all possible means to make ours passe with them, it’s true; but the reason it had no better effect, was because they had no minde to it, it was too honect for them: and I am sure, in the very Epistle to it, it is declarared, That the principall reason of the printing of it, is, that the people might have an opportunity to consider the equitie of it, and offer their reasons against any thing therein contained. And this was all the means, after the printing of it, we used to make it passe. Alasse, we knew the Armies swords were longer then ours, and would by force cut in pieces all our endeavours that we should use against their minds and wils, by reason of the peoples cowardlinesse; and therefore we let ours rest, and were willing to sit still to see them perfect theirs, and never did any thing in it since amongst the people to make it passe, that I know of.

Fifthly, They say, VVe were troubled at their doing their duty, in submitting to authority, and owning the Parliament as the Supreme Authoritie of the Nation: When as alas, it is as visible as the Sun when it shines in its glory and splendour, That CORAH, DATHAN and ABIRAM of old were never such Rebels against Authoritie as the General and his Councel are, nor the Anabaptists at Munster with JOHN of LEYDON and NEPERDULLION were never more contemners of Authority; nor JACK STRAW, nor WAT TILER, nor all those famous men mentioned with a black pen in our Histories, and called Rebels and Traytors, can never be put in any scale of equall balance, for all manner of REBELLIONS and TREASONS against all sorts and kindes of Magistracy, with the Generall and his Councell: And I will undertake the task upon my life, to make good every particular of this I now say, to Edition: current; Page: [6-375] the General’s face. For did any, or all of them fore-mentioned, ever rebell against their Advancers, Promotors and Creators, as these have done two severall times? Did ever any, or all of them chop off (without all shadow of Law) a KING’s and NOBLES HEADS? ravish and force a Parliament twice? nay, raze the foundation of a Parliament to the ground? and under the notion of performing a trust, break all Oathes, Covenants, Protestations and Declarations, (and make evidently void all the declared ends of the War) which was one of Strafford’s principal Treasons, and which is notably aggravated against him by M. Pym in his fore-mentioned Speech against him? pag. 9. 11. and under pretence of preserving their Laws, Liberties, and Freedoms, destroy, annihilate, and tread under their feet all their Laws, Liberties, Freedoms and Properties (although they could cite against Strafford the precedent of Trisilian chief Justice, who lost his life for delivering of opinions for the subversion of the Law, as S. John’s Argument of Law against him, pag. last but one declares; yea, and against the Ship-money Judges, and also the Precedent of Judg Belknap in King Richard the Second’s time, who was by the Parliament banished for but subscribing an opinion against Law, though forc’d by a dagger held to his brest, thereto; yea, and cite also the precedent against him, which was against Justice Thorp in Edward the Third’s time, who was by the Parliament condemned to death for bribery; the reason of which Judgment, they say, was, because he had broken the Kings Oath, that solemn and great Obligation (as Mr. Pym ibid. calls it) which is the security of the whole Kingdom.) All which forementioned, either with pen or tongue by dispute, I wil particularly maintain and make good upon my life, publickly, before the face of the Kingdom, against the stoutest and ablest of their Champions in all their pretended Churches of God, either Independent or Anabaptistical; and that they are altogether unsavoury salt, good for nothing but to be abominated, and thrown out to the dunghil, as fit for nothing but the indignation of God, and the peoples wrath.

And as for their stiling this their own Junto the supreme Authoritie; I know the time not long since, when that stile to be given to the House of Commons single, was accounted an abominable wickednesse in the eye of the chiefest of them: Yea, I also know the time, and unable sufficiently to justifie and prove it, that they were absolutely resolved and determined to pull up this their own Parliament by the roots, and not so much as to leave a shadow of it (frequently then calling it a MOCK-POWER, and a MOCK-PARLIAMENT:) yea, and had done it, if we, and some in the House of our then friends, had not been the principall instruments to hinder them; we judging it then, of two evils the least, to chuse rather to be governed by the shadow of a Parliament, till we could get a reall and true one (which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect) then simply, solely and onely by the wils of Sword-men, whom we had already found to be men of no very tender consciences: But to me it is no wonder, that they own this for the supreme Power, seeing they have totally in Law, Reason and Justice broke the Parliament, and absolutely, by the hands of The Pride, set up indeed a MOCK-POWER, and a MOCK-PARLIAMENT, by purging out all those that they were any Edition: current; Page: [6-376] way jeolous of, would not vote as they would have them, and suffering and permitting none to sit but (for the major part of them) a company of absolute School boys, that will, like good boyes; say their lessons after them their Lords and Masters, and Vote as they would have them; and so be a screen (as yong H. Vane used to call the King) betwixt them and the people, with the name of Parliament, and the shadow and imperfect image of legal and just Authority to pick their pockets for them by Assessments and Taxations; and by their arbitrary and tyrannicall Courts and Committees, (the best of which is now become a perfect Star chamber, High-Commission and Councel board) make them their perfect slaves and vassals by their constant and continuall breaking and abasing of their spirits; a thing so much complained of against the Earl of Strafford, by the late Parliament at his tryal, especially in M. Pym’s notable Speech against him, pag. 7. as it is printed 1641, at the later end of a book called Speeches and Passages: where speaking against Oppression, and the exercise of a tyrannicall and arbitrary Power, (the Earl of Strafford’s sins, which now are become more the great mens of the Army) he saith,

It is inconsistent with the peace, the wealth, the prosperity of a Nation; it is destructive to Justice, the mother of peace; to Industry, the spring of wealth; to Valour, which is the active vertue whereby the prosperity of a Nation can onely be procured, confirmed, and inlarged.

It is not only apt to take away Peace, and so intangle the Nation with Wars; but doth corrupt Peace, and puts such a malignitie into it, as produceth the effects of War, as he there instanceth in the Earl of Straffords Government. And as for Industry and Valour, Who will take pains for that (saith he) which when he hath gotten, is not his own? or who will fight for that wherein he hath no other interest, but such as is subject to the will of another? The ancient incouragement to men that were to defend their Countries was this, That they were to hazard their persons, pro aris & socis, for their Religion, and for their houses; But by this arbitrary way, which was practised (by the Earl) in Ireland and counselled here; no man had any certainty, either of Religion, or of his House, or any thing else to be his own: But besides this, such arbitrary courses have an ill operation upon the courage of a Nation, by IMBASING THE HEARTS OF THE PEOPLE; A servile condition doth for the most part beget in men a slavish temper and disposition. Those that live so much under the Whip and the Pillory, and such SERVILE engines, as were frequently used by the Earl of Strafford, they may have the dregs of valour, sullenness, and stubbornness, which may make them prone to mutinies and discontents; But those noble and gallant affections which put men on brave designes and attempts for the preservation or inlargement of a Kingdom, they are hardly capable of: Shall it be treason to embase the Kings coin, though but a piece of Twelve-pence or Six-pence; and must it not needs be the effect of a greater Treason, to EMBASE THE SPIRITS of his Subjects, and to set a stamp and CHARACTER OF SERVITUDE upon them, when by it they shall be disabled to doe any thing for the service of the King or Common wealth? O most excellent and transcendent saying! worthy to be writ in a Table of gold in every Englishmans house.

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But Sir, I say, No wonder, all the things foregoing rightly considered, they do own you (now as Thomas Pride hath made you) for the supreme Authority of the Nation, although before they would neither submit to the King, nor the Parliament, when it was a thousand times more unquestionably both in Law and Reason, then now you are; but fought against both King and Parliament, their setters up, conquered them, repelled them, subdued them, and broke them both; and so pull’d up by the roots all the legall and visible Magistracy and Authority in the Nation, and thereby left none but themselves, who stand in parallell to none (as they have managed their businesse) but to a company of murderers, theeves and robbers, who may justly be dispossessed by the first force that are able to do it (as Mr. Pym undenyably and fully proves in the foresaid Speech pag. 3. 9. 11.) no pretended Authority that they of themselves and by their swords can set up, having in the sight of God or man, either in Law or Reason, any more just Authority in them, then so many Argier Pirats and Robbers upon the Sea have. And so much in answer at present to the forementioned part of the Generals Declaration.

But now to return back, after this necessary Digression, to my own Story of going down into the North, where &c. I received of my 3000 l. allotted me, for my hard suffered for, deer purchased, and long expected Reparations, 400 l. of Sir Arthur Haslerig, for sequestred Coles and Iron, of Mr. Bowes’s, and got besides betwixt 100 and 200 l. in Rents, Free-quarter and Taxes having eat out the bowels, soul and life of them, being served in the wood allotted me, (the principall thing in my eye, by old Sir Henry Vane my old bloudy enemy) as is in part declared before in page 15 and 16. who hath Treason and crimes enough upon him, not onely to throw him out of the House, if it were any, but also to send him to a Scaffold or Gallows, as is very notably declared in print in England’s Birth right, pag. 19. 20. 21. in which pages you may read his Charge of High Treason exhibited against him to the Earl of Essex in anno 1643. by severall Gentlemen of the County of Durham; for his trayterous betraying their Country (and so consequently all the North) to the Earl of Newcastle; for whith &c. he better deserved in Law, equity and reason to lose his head, then either Hambleton, or stout Capel did for theirs, they having betrayed no trust (but had the letter of the Law of England &c, to justifie them in what they did) as he most palpably hath done. And as for his breaking up the little Parliament, his Star chamber wickednesse, and his desperate Gun-powder Monopoly, with his and his sons Sir George Vane’s late jugglings in the County of Durham. I have pretty well anatomised in my book called The resolved mans resolution, page 13. 14. 15. 16. 17. 18. his very having a hand in the Gunpowder Monopoly alone being sufficient long since to throw him out of your House, as being uncapable to be a Member therein, as cleerly appears by your Votes and Orders of the 19. and 25 of Nov. 1640, one of which, as it is printed in the foresaid Speeches and Passages, pag. 229. thus followeth:

It is ordered upon the Question. That all Projectors and Monopolizes whatsoever, or that have had any share in any Monopolies, or that do receive, or lately have received any benefit by any Monopolies or Patent, or that have procured any Warrant Edition: current; Page: [6-378] or Command for the restraint or molesting of any that have refused to inform themselves to any Proclamation or project, are disabled by Order of this House, to be a Member thereof, and shall be dealt with as a stranger, that hath no power to sit there.

In the compasse of which Order is both Sir Henry Mildmore and Lawrence Whittaker, and ought in justice, for their notorious Monopolising, to be both long since thrown out of the House.

But again to return: After I had done as much in the North as I could at present do about my own businesse, I came again to London, where I fixed up my resolution wholly to devote my self to provide for the future well-being of my wife and children, and not without the extraordinariest necessity engage in any publick contests again, making it my work to enquire into the true estate of things with the great men that sit at the helm, and whether the bent of their spirits now after they had taken off the King, was to set the Nation free from Tyranny, as well as from some they called principal Tyrants; and whether or no the drift of all their actions were but a meer changing of persons, but not of things or tyranny it self: and truly my observations and inquiries brought me in so little satisfaction in the visible intention of the ruling men, for all their many solemn Ingagements to the contrary, that I looked cleerly at the whole tendency of their ways, to drive at a greater Tyranny then ever, in the worst of the Kings Reign, (before the Parliament) was exercised: at which I bit my lip, but said little, and went to no meeting; which made many of my old faithfull friends be jealous of me, some of whom gave out some private hints, that I had now served my self by my pretended Reparations, and I was thereby quieted, and was become like all the rest of the world, and so there was an end of me. But I confesse, I was in a kinde of deep muse with my self, what to do with my self; being like an old weather-beaten ship, that would fain be in some harbour of ease and rest, and my thoughts were very much bent of going into Holland, where I conjectured I should be out of harms way, and get a little repose. And while I was thus musing, I heard from thence of a most transcendent height and rage that the Kings party there were in, especially about the beheading the late King; so that I judged there was no safety for me there, especially when I called to minde what the Post-master of Burrow-brigs and others in York-shire told me as I came up from Newcastle, which was, that the Cavaliers in those parts were most desperate mad at me in particular, about the beheading of the late King: although I were as far as Newcastle when it was done, and refused to give my consent to be one of his Judges, although I was solicited so to be before I went out of London; yea, although I avowedly declared my self at Windsor against the manner and time of their intended dealing with him; arguing there very stifly, that upon their own principles, which led them to look upon all legall Authority in England as now broken, they could be no better then murderers in taking away the Kings life though never so guilty of the crimes they charged upon him: for as justice ought to be done, especially for bloud, which they then principally charged upon him; so said I, and still say, It ought to be done justly: For in case another man murder me, and a day, a week, or a yeer after my brother or friend that is no legall Magistrate, executes him therefore, yet this is murder Edition: current; Page: [6-379] in the eye of the Law, because it was done by a hand had no Authority to do it. And therefore I pressed again and again, seeing themselves confess’d all legal Authority in England was broke, that they would stay his tryall till a new and equal free Representative upon the Agreement of the well-affected people, that had not fought against their Liberties, Rights and Freedoms, could be chosen and sit, and then either try him thereby, or else by their Judges sitting in the Court called Kings Bench. But they at Windsor ask’d me how by Law I could have him tryed: I told them, the Law of England expresly saith, Whosoever murders or kils another shall die; it doth not say, excepting the King, Queen, or Prince, &c. but indefinitely, whosoever murders shall die; and therefore where none is excepted, there all men are included in Law: But the King is a man: Ergo, he is included as well as I. Unto which it was objected, that it would hardly be proved, that the King with his own hands kill’d a man: To which I answered, by the Law of England, he that counsels or commissionares others to kill a man or men, is as guilty of the fact, as he or they that do it: And besides, the advantage of trying of the King by the rules of the Law, would be sufficient to declare, that no man is born (or justly can be made) lawlesse, but that even Magistrates as well as people are subject to the penall part of the Law, as well as the directive part: And besides, to try him in an extraordinary way, that hath no reall footsteps nor paths in our Law, would be a thing of extraordinary ill Precedent; for why not twenty upon pretended extraordinary cases, as wel as one? and why not a thousand as wel as twenty? and extraordinary cases are easily made and pretended by those that are uppermost, though never so unjust in themselves. And besides, to try him in an extraordinary way, when the Law hath provided all the essentials of justice in an ordinary way, (and meerly wants nothing (if it do want) but twelve Kings as his Peers or Equals) will nourish and increase in men that erroneous conceit, That Magistrates by the Law of God, Nature, and Reason, are not, no nor ought not to be subject to the penal part of the Laws of men, as well as the directive part of it, which is the bane, ruine and destruction of all the Common-wealths in the world.

I say, the consideration of the things fore-mentioned put me off the thoughts of going to Holland my self: and then I put the query to my self, What course I should (being now a free man) take for my livelihood: for if I and my family lived upon the main stock, which was not very much, (now that I had paid almost all my debts) that would soon waste and be gone; and to take a place for my future livelihood, as I have been offered often, and that a considerable one; that I could not do, for these reasons: First, because I was not satisfied in the present power or Authority to act under them; and so if I should, I should be a supporter of so unjust and illegal a fabrick as I judged an everlasting Parliament (purged twice by force of Arms by the hands of their meer mercenary servants) to be; who were principally raised, hired and paid to kil those they esteemed and judged Bears, Wolves, Foxes and Poulcats: that took up Arms against the true, chast and legally constituted Representative of the Nation, being not in the least hired or raised to be the Masters of their Masters, or the Lawgivers to the legal Law-makers of the Nation in case of necessity. And that an everlasting Parliament is destructive Edition: current; Page: [6-380] to the very life and soul of the Liberties of this Nation; I thus prove; first by Law, and secondly by Reason.

And first by Law: The Law Books do shew, That a Parliament (which in its own institution is excellent good physick, but never was intended, nor safely can be used for diet, because it is so unlimited and arbitrary) was called and held somtimes twice a yeer before the Conquest, as it declared by Lambert, in his Collection of Laws before the Conquest, amongst the Laws of Edgar, chap. 5. and by Sir Edward Cook, in his margent in the ninth page of his par. 4. Instit. in the Chapt. of High Court of Parliament: which with other of the Liberties of England being by force of arms subdued by the Bastard Norman Conqueror, although he three severall times took his oath after his being owned for King, to maintain their Laws and Liberties, as being not able, nor judging his Conquest so good, just and secure a Plea to hold his new got Crown by, as an after mutuall compact with the people, or their Representatives over whom he was to rule: and therefore, as Cook in the foresaid Chapt. pag. 12. declares, a Parliament, or a kinde of one, was held in his time. See also 21 Edw. 3. fol. 60. and 1 part. Institut. lib. 2. chap. 10. Sect. 164. fol. 110. a. and came to be more frequently used in his Successors time; yea, even to be once in two years in Edward the First or Second’s time; at which notwithstanding the people grumbled, as being an abridgment of their ancient and undoubted Libertie, to meet more frequently in their National and publick, Assemblies, to treat and conclude of things for their weal and better being; the want of which, of ancient time lost this Island to the Romans, as Cook declares, 4 part. Inst. fol. 9. out of Tacitus in the Life of Agricola, pag. 306. whereupon it was enacted in full Parliament in Edw. the Thirds time, That the King (who is their Officer of trust) should assemble and call them together once every yeer, or more often if need require; as appears by the Statute of 4 Edw. 3. 14. But because this was not constantly used by that King, but there sometimes was intervals of three or four yeers betwixt Parliament and Parliament, which was a diminution of the soul and life of all their Liberties, viz. frequent and often constant Parliaments; therefore in the 36 yeer of his Reign annuall Parliaments are provided for again, and also the causes of their assembling declared in these very words:

Item, For maintenance of the said Articles and Statutes, and redresse of divers mischiefs and grievances which daily happen, a Parliament shall be holden every yeer, as another time was ordained by a Statute of 4. Edw. 3. chap. 14. Brit King Charles exceedingly breaking his trust, in the frequent calling of Parliaments, and dissolving them at his pleasure, when they came to treat of any thing that he liked not, and so made them uselesse to the Nation; both which was against his trust, as you notably declare in your Declaration of Novemb. 2. 1642. 1 part Book Decl. pag. 701, 702. And of which you most bitterly complain in your first Remonstrance, 1 part Book Decl. pag. 5. 6. 11. and in pag. 10. 11 ibidem you declare, That his destroying of these two grand Freedom of the People, viz. Frequent, successive Parliaments, and free Debates therein, bad corrupted and distempered the whole frame and Government of the Kingdom, and brought in nothing but wayes of destruction and Tyranny. For the preventing of which for the future, you got an Act to passe in the sixteenth yeer of the late Edition: current; Page: [6-381] King, and the first yeer of this long-winded Parliament, to confirm every title of the two forementioned Acts for an annuall Parliament: And further there say thus:

And whereas it is by experience found; that the not holding of Parliaments according to the two forementioned Acts, hath produced sundry and great mischiefs and inconveniences to the Kings Majesty, the Church and Common-Wealth; For the prevention of the like mischiefs and inconveniences in time to come, Be it enacted by the Kings most excellent Majesty, with the consent of the Lords Spirituall and Temporall, and the Commons in this present Parliament assembled, That the said [LAST FOREMENTIONED] Laws and Statutes be from henceforth duely kept and observed. And you there go on and enact, that in case the King perform not this part of his trust in calling annuall Parliaments, that then a Trienniall one shall be Called By The Lord Keeper, &c. whether the King will or no.

And there being no provision in this Act, but that the King might break up this Parliament at his pleasure, as before he used to do, and so dis-inable you to discharge your trust and duty to the people, in providing fit remedies for those many grievances then extraordinarily spread over the whole Nation, that the long intermission of Parliaments had occasioned; you therefore presse the King to grant an Act, that the two Houses might not be dissolved but by your own consents; which the King condescended unto the rather, because the Scotch Army was then in the Kingdom, which he longed to be rid of, and which you pretended you could not pay without such an Act; these being the true declared and intended causes of it, both in King and Parliament: There being not one word in the Act that authoriseth the two Houses to be a constant and perpetuall Parliament, which was never so much as intended nor pretended; and which if in the Act it had been absolutely declared, it had been a void and a null Act in it self, as being both against the nature of the Kings trust and Yours: which (as in your Book of Decl. part 1. pag. 150. you declare) is, to provide for the peoples weal, but not for their woe; for their better being, but not for their worse being. For, your Interest and the Kings both being Interests of Trust, as your Declarations do plentifully and plainly declare, 1 part Book Decl. pag. 206. 266. 267. 382. but especially your present Junto’s late Declaration, against the late beheaded King, and Kingly Government of the 17 of March 1648, pag. 2. 11. 13. 15. 16. compared with 24. 25. 27. And all Interests of trust whatsoever are for the use of others, and cannot, nor ought not to be imployed to their own particular, nor to any other use, saving that onely for which they are intended, according to the condition and true intent thereof, 1 part Book Dec. pag. 266. 267. 700. And your trust is onely for the good of the Nation; which is the principall, or onely end of all Government in the Nation; as you confesse in your foresaid Declaration of March 17, pag. 6. and in 2 part Book Decl. pag. 95. 879. And therefore, if you had put the King upon such an Act as the establishing of a perpetuall Parliament, you had thereby destroyed frequent, successive and annually chosen Parliaments; for which you had been Traytors in the highest nature to your trust, in destroying the very PILLARS, LIFE, MARROW and SOUL OF ALL THE PEOPLES LIBERTIES, for the preservation of which Edition: current; Page: [6-382] they chose you, and which would shortly bring in (as is too evident at this day) greater disorders, confusions, and tyrannies then ever were in all the Kings Reign before; and so wholly and fully make your selves guilty of that which he was but in part (viz. the establishing of a perfect Tyranny by Law) an everlasting Parliament being ten thousand times worse then no Parliament at all; for no such slavery under the cope of heaven, as that which is brought upon the people by pretence of Law, and their own voluntary consents; and no greater Treason can there be in the world committed, then for an interessed Power to keep their Commission longer then by the letter, equitie or intention of their Commissions their Masters really intended they should; especially when it is kept by force of Arms, to the Masters hurt, and the danger of his total destruction, for the meer advancement of their servants and their Associates: all which is the case of your pretended Parliament, whereof you are now Speaker, and that you were never intended to sit so long as you have done, nor to be everlasting. I shall here recite the Act it self verbatim, the onely and alone pretence of a Commission you have, and then take it in pieces by paraphrasing upon it. The Act it self thus followeth:

Anno XVII CAROLI Regis.

An ACT to prevent inconveniences which may happen by the untimely Adjourning, Proroguing, or Dissolving of this present PARLIAMENT.

WHereas great Summs of money must of necessity be speedily advanced and provided for the relief of his Majestie’s Army and people in the Northern parts of this Realm, and for the preventing the imminent danger this Kingdom is in, and for supply of other his Majesties present and urgent occasions, which cannot be so timely effected as is requisite, without credit for raising the said moneys; which credit cannot be obtained, untill such obstacles be first removed as are occasioned by fears, jealousies, and apprehensions of divers of his Majesties loyall Subjects, that this present Parliament may be adjourned, prorogued, or dissolved Before Justice Shall Be Duly Executed Upon Delinquents, publick Grievances redressed, a firm Peace betwixt the two Nations of England and Scotland concluded, and before sufficient provision be made for the repayment of the said moneys so to be raised: All which the Commons in this present Parliament assembled having duly considered, do Edition: current; Page: [6-383] therefore humbly beseech your most excellent Majesty, that it may be declared and enacted,

And be it declared and enacted by the King our Soveraign Lord, with the assent of the Lords and Commons in this present Parliament assembled, and by the Authority of the same, That this present Parliament now assembled, shall not be dissolved, unlesse it be by Act of Parliament to be passed for that purpose; nor shall be at any time or times during the continuance thereof, prorogued or adjourned, unlesse it be by Act of Parliament to be likewise passed for that purpose: And that the House of Peers shall not at any time or times during this present Parliament, be adjourned, unlesse it be by themselves, or by their own Order: And in like manner, That the House of Commons shall not at any time or times during this present Parliament, be adjourned, unlesse it be by themselves, or by their own Order; and that all and every thing or things whatsoever done or to be done, for the adjournment, proroguing, or dissolving of this present Parliament contrary to this present Act, shall be utterly void, and of none effect.

The true intent and meaning of this Act in the Framers, Makers, and Contrivers of it, was meerly to secure their sitting for some-reasonable time, that so they might be able to apply fit plasters to the great sores of the Nation, and not be broken up suddenly, before they had applyed them to the sores, and laid them on; and their fear was, the King would, as he used to do, dissolve them suddenly; security from which was their onely end in procuring this Act, and not in the least to make this a perpetuall Parliament; which I demonstrate thus:

First, A perpetual Parliament is repugnant to the Act made this Parliament for a Triennial Parliament (which in your Declarations is so highly extolled after the making of both the Acts:) for how can every three yeers a Parliament be begun, if this be perpetuall? which by the Act may be so, if the two Houses please. But in all the Act there is not one word of the annihilating or repealing of the Act for a Trienniall Parliament; which, if it had been intended, it would have mentioned, and not left such a businesse of consequence in any doubtfulnesse whatsoever: and the not mentioning of it, is a cleer declaration to all the Readers of it, That their designe solely in the last Act, was onely to secure themselves from the Kings sudden and quick dissolving them at his wil and pleasure. And therefore,

Secondly, In Law, according to the constitution of our Parliaments, an Adjournment of the Parliament makes no Session; howbeit, before the Adjournment the King gives his assent to some Bils; as is plain out of Cooke, 4 Instit. chap. High Court of Parliament, fol. 27. authorised to be printed by the late Parliament, in its purest purity for good Law.

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Thirdly, In Law there is no Session in a prorogation or dissolution of the Parliament; they are the words of Cook himself, fol. 27. ibid.

Fourthly, This Parliament, as appears by the Act for not dissolving thereof, before mentioned, cannot be prorogued by the Kings but by Act of Parliament: but there had been as yet no Act of Parliament in that behalf: and therefore all the Acts of this Parliament are in law Acts of one Session, as appears by Plowd Com. 33. H. 8. Bro. relation 36. Bro. Parl. 86. Dier 1. M. 85.

Fifthly, In Law, all Acts of one Session, relate to the first day of the Parliament, and all the Acts of such a Parliament are Acts of one day; so the Act for the Triennial, and the Act for this perpetual Parliament, are two Acts of one day, by the Law.

Sixthly, the 4 Edw. 3. chap. 14. & 36 Edw. 3. chap. 10. forementioned, declares that a Parliament ought to be holden once every year, and more often if need be, those very Acts are every clause of them confirmed this Parliament, which also provides, that in case the King break those Laws, and do not annually call Parliaments, as is before declared, that then the Lord Keeper, whether he will or no, shall call a triennial one. Now I would fain know of any rational-man, How an everlasting Parliament doth agree with a Parliament once every yeer, or oftner if need require, or with the intention of those Laws? And how doth a Parliament every three years (provided for as sure as its possible for Law to provide, (in case the King annually should not cal one) agree with a Parliament for ever, which may be by the letter of the perpetual Act, if the two Houses please?

The conclusion of all is this, that at one day in law, the late Parliament passed two Acts, (for, howbeit the one was in the 16 of the King, and the other in the 17 year of the King: yet both in law are Acts of one day) the one saith, the King shall call a Parliament once a year, after the sitting of this Parliament, and in case he doth not, the Lord Keeper, &c. shall call a Parliament three years after the sitting of this Parliament. The other Act in the letter, or litterall construction of it, saith, this Parliament shall sit for ever if the two Houses please. The one will have a Parliament with an end, the other a Parliament without an end: Now the question is, which of these two was the true intent and meaning of the Makers of this Act: for as Learned Cook rationally and well observes in his excellent exposition of the 1 Eliz. chap. 1. 4 part. Institut. fol. 328. (which Act established the power of the High-Commission, that by colour of this Statute did many barbarous and illegall things) such an interpretation of ambiguous and doubtfull things is alwayes to be made, that absurdities and inconveniences may be avoyded; but the highest absurdities and inconveniences in the world would follow, if this last Statute should be taken according to the literall construction of it, and not according to the equity and true intent and meaning of the makers of it, which was not to make this everlasting if they pleased, and so totally to destroy annuall Parliaments, or in the Kings default of calling them, then trienniall Parliaments whether he would or no, but only to secure them from the Kings sudden breaking them up at his pleasure: that so they might sit some reasonable short time to dispatch the great business of the Nation; and that reasonable time cannot by any words (or the true meaning of any) in either of the Statutes, Be rightly Edition: current; Page: [6-385] interpreted to be above a year at most, especially from the date of the last; for the laws (in the right and true meaning) notwithstanding the last Act, were yet still in force to binde the King to call Annuall Parliaments; but two Parliaments by Law cannot sit together: but without two Parliaments should sit together, (viz. An everlasting one, and an annuall one, which is our right by Law) we cannot enjoy the benefit of those good and excellent Laws, for Annuall Parliaments or oftner if need require. And therefore to take the utmost extent of the length of that time, the two Houses were enabled to sit by vertue of the force and power of the last Act, it could not be above a year at most, from the day of the date of it, and yet they have sate almost eight since, by vertue and colour of that alone, and of nothing else in law, having no other visible Commission under the Sun, to authorise them to destroy our undoubted naturall and legal Rights, of having often and frequent successive Parliaments totally new, which they have done by their long and unwarrantable sitting, principally to enrich the most of themselves, and enslave our spirits.

And that an everlasting Parliament was never intended by that Act, I think their own words printed in December, 1641. which was immediately after the passing that Act, will easily decide the controversie.

And in their or your first Remonstrance of the state of the Kingdom, after excusing of your selves from any invasion of the rights of the Crowne, 1 Part. Book Declar. pag. 16, 17. there is these very expression, viz. The trienniall Parliament, for the matter of it, doth not extend to so much as by law we ought to have required, there being two Statutes still in force, for a Parliament to be once a year: And for the manner of is, (viz. THE TRYENNIALL PARLIAMENT) it is in the Kings power, that it shall never take effect, if he by a timely summons shall prevent any other way of assembling. In the Bill for continuance of this present Parliament, there seems to be some restraint of reall power in dissolving of Parliaments, not to take it out of the Crown, but to suspend the execution of it for THIS TIME AND OCCASION ONLY, which was not necessary for the Kings own security, and the publique peace, that without it we could not have undertaken any of these great charges, but must have left both the Armies to disorder and confusion, and the whole Kingdom to bloud and rapine.

Which words are a plain and cleer demonstration, That the intention of the makers of the foresaid Act was never to make this a perpetuall Parliament, but onely for some reasonable time, to secure their sitting from the King’s sudden breaking them up when he pleased; whose hands were now tied therefrom by this Act: which thing onely is and was the clear meaning of the makers of it.

And that the generall words of a Law, or the literal sense of it, when they hold forth absurdities, and inconveniences, and visible mischiefs, are to be interpreted and controuled by the intent of them that made it, is clear, from their own Oracle Sir Edw. Cook, who in his exposition of the foresaid Statute of 1. Eliz. chapt. 1. in his 4 part Institutes, fol. 330. hath these very expressions: Now that divers and many other Acts of Parliament (BESIDES THIS OF ELIZ.) which are generall in words, have, upon consideration of Edition: current; Page: [6-386] the mischief, and all the parts of the Act, (for the avoyding of the inconvenience and absurdity that might follow) received a particular interpretation, it appeareth in books in cases of far lesse inconvenience and absurdity.

Plo. Com. in Stowels Case fol. 369. The Preamble is to be considered, for it is the key to open the meaning of the makers of the Act, and mischief which they intend to remedy. The Judges of the Law have ever in such sort pursued the intents of the meaning of the makers of such Acts of Parliament, as they have expounded Acts generall in words to be particular, where the intent hath been particular (which are the words of the Book) And therefore upon that rule it is there adjudged. That where the Statute of 7. Edw. 6. is generall, IF ANY RECEIVER OR MINISTER ACCOUNTANT &c, RECEIVE OF ANY PERSON ANY SUM OF MONEY FOR PAYMENT OF ANY FEES, &c. HE SHALL FORFEIT vi s. viii d. FOR EVERY PENNT. That this do not extend, according to the generality of the words, to the Receiver of common persons, because these words subsequent be added (otherwise then be lawfully may by former Laws and Statutes.) Now the Judges restrained the generality to a particular, to the Kings Receiver onely; for that no Law or Statute was formerly made concerning common persons Receivers, &c. But in the Case in question, as well the precedent clause of Restitution, as the subsequent clause expressing offences in particular, and the words in the same generall sentence, viz. UNDER YOUR HIGHNESSE, &c. and principally the cause of the making of this Act do qualifie the generality of the words. And yet notwithstanding it was resolved by all the Court in the said case of Stradling, fol. 203. a. That the Receiver of common persons were within the words of the said Statute. But there it is said, that if a man consider in what point the mischief was before the Statute, and what thing the Parliament meant to redresse by this, he shall perceive that the intent of the Makers of the Act, was to punish onely the Ministers of the King. And a little after the Judges say, That the stile of this Act is, AN ACT FOR THE TRUE ANSWER OF THE KINGS REVENUES. And by this also the intent of the makers of the Act is to be collected; and these be the words of the Book, which is a far stronger case, then the case in question.

4 Ed. 4. fol. 4. & 12. Every Statute ought to be expounded according to the intent of them that made it, where the words thereof are doubtfull and uncertain, and according to the rehearsall of the Statute; and there a generall Statute is construed particularly, upon consideration had of the cause of making of the Act, and of the rehearsell of all the parts of the Act.

To conclude this point with a generall Rule allowed by all Laws in construction of Statutes, viz. Although the Law speak in generall terms, yet it is so to be bound up or accepted, That WHERE REASON CEASETH, THERE THE LAW CEASETH: FOR, SEEING REASON IS THE VERY LIFE AND SPIRIT OF THE LAW IT SELF, the Law giver is not to be esteemed to respect that which hath no Reason; although the generality of the words at the first sight, or after the letter, seem otherwise. Mark, I intreat you, these last words well, for they are strong and full.

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And much more is there to this purpose: for he is most excellent in his exposition of the said Statute of 1 Eliz. 1. And that this equitable and intentionall manner of expounding Laws in dubious cases, or where absurdities or mischiefs do depend upon the taking of it in the litteral sense, is justifiable, legall and good, is unquestinably demonstrated our of your own 1 part Book Dec. pag 150. in these very words, viz. That there is in the Laws an equitable and literall sense. His Majestie (let it be granted) is intrusted by Law with the Militia; but ’tis for the good and preservation of the Republique, against forraign Invasions and domestick Rebellions: For it cannot be supposed that the Parliament would ever by Law intrust the Militia against themselves, or the Common-wealth that intrusts them to provide for their WEALE, NOT FOR THEIR WOE. So then, when there is certain appearance, or grounded suspicion, that the letter of the Law shall be improved against the equity of it, (that is, the publick good, whether of the body reall, or representative) then the commander going against its equity, gives liberty to the commanded to refuse obedience to the letter: For the Law taken abstract from its originall reason and end, is made a shell without a kernell, a shadow without a substance, and a body without a soul. It is the execution of Laws according to their equity and reason, which (as I may say) is the spirit that giveth life to Authority, the letter kils.

Nor need this equity be expressed in the Law, being so naturally implyed and supposed in all Laws that are not meerly Imperiall, from that analogie which all Bodies politick hold with the naturall, whence all Government and Governours borrow a proportionall respect. And therefore when the Militia of an Army is committed to the Generall, it is not with any express condition, that he shall not turn the mouthes of his Canons against his own souldiers; for that is so naturally and necessarily implyed, that its needlesse to be expressed; insomuch as if he did attempt or command such a thing, against the nature of his trust and place, it did ipso facto estate the Army in a right of disobedience, except we think that obedience binds men to cut their own throats, or at least their companions.

Yea, the very title of the Act in hand literally declares, it was never intended to be perpetuall; no, nor to extend to so long a time as to be mischievous to the Common-wealth, by subduing the Soul of all our Liberties, frequent and annuall Parliaments, elected wholly and totally new; for it is called, An Act to prevent Inconveniences which may happen by the untimely adjourning, proroguing, or dissolving of this present Parliament. Mark the words well, and it puts all out of dispute, that this Act was but meerly done to tie the Kings hands for a certain reasonable time, that so it should not be dissolved untimely: and the Title declares, it was made to avoid Inconveniences, and therefore not to beget and increase them; which it must needs do as is already fully proved, if it destroy frequent, successive, annuall Parliaments.

But yet once again more fuller: Reason and Nature it self saith, yea and the Law of England saith, That when an Act of Parliament is against Common Right, or Reason, or repugnant, or impossible to be performed or kept, the common Law shall controul it, and adjudge this Act to be void: they are the words of the Law, 1 part Dr. Bonham’s Case, fol. 118. & 8. Ed. 3. fol. 3. 30. 33. E cessavit 32. & 27. H. G. annuity 41. & 1 Eliz. Dier 313. & 1 part Cooks Institutes lib. 3. chap. 11. & 209. fol. 140 a. An Act of Parliament that a man shall be a Judge in his own case, is a void Act in Law, Hubbert fol. 120. and the 8 part Cooks Reports in Dr. Bonhams case. See the Army Book Declar at. pag. 35. 59. 61. 63. 143.

First therefore let us begin with Common Right; and we shall easily see this perpetuall Act is against that For it is against common Right, that indebted men (as most, if not all Parliament men are) should not pay their debts. Or that, if any Member of Parliament do any of the People of England wrong (as daily they do) by unjust and unwarrantable Edition: current; Page: [6-388] disseising of him or them of his land, or dispossessing him of his goods, or blasting of his fame, or doing violence to his person by beating, wounding, or imprisoning, &c. that such persons, during their lives, by a priviledge of Parliament (that was intentionally good and just in its institution, when Parliaments were often and short) should be protected and secured from all manner of question at the Law, by any parties so wronged by them, is absolutely against common Right. Nay, and more, That this should extend to multitudes of persons besides, that are their servants or attendants; and also that any, or all of these shall have the benefit of the Law in any Court of Justice in England at their pleasure, against any man whom they shall pretend wrongs them, are such transcendent and grievous enormities, that common Right abhors; and yet this, with a thousand times as much more as bad as these, are the fruits of a perpetuall Parliament, if they please; which tends to the utter destruction of all mens actions, reall, personall, or mixt, who have to do with Parliament men; as appears expressly by the Statute of Limitations of the 21 of James, chap. 16. which strictly confines all manner of Suits to be commenced within certain yeers after the occasion given.

Secondly, For common Reason: Parliaments were ordained and instituted (as is before truly and legally declared) for remedies to redresse publick and capitall grievances that no where else could be redressed: but it is against reason (and the very end of the Institution of Parliament) that Parliaments should make and create multitudes of publike and insufferable grievances; The law of the Land allowes no protection for any man imployed in the service of the Kingdom, but for a yeer at most, as to be free from Suits; and in many Suits none at all, howbeit he be in such services. But a perpetuall Parliament may prove a protection (in all manner of wickednesse and misdeameanours committed against other men, not of the Parliament, amongst any of whom they may pick and chuse whom they please, to ruinate and destroy) and that not for a yeer, but for ever; which is against all manner of Reason, or the shadow or likenesse of it. And therefore, as young Sir Henry Vane said against Episcopal Government in the beginning of his large speech of the 11 of June 1641 now in print, at a Committee for passing the Bill against Episcopall Government, so say I of an everlasting, or of any Parliament that shall do as you have done, in largely sitting beyond the time of your Commission. &c. That when any thing is destructive to the very end for which it should be, and was constituted to be; and not onely so, but does the quite contrary (as your House in every particular doth) certainly, we have cause sufficient enough to lay it aside; and not onely as uselesse, in that it attains not its end; But is dangerous, in that it destroyes and contradicts its end.

Thirdly, For Impossibilitie: The death of the King in law undisputably dissolves the Parliament, spoken of in the foresaid act, which is pretended to be perpetuall; for the Writ of Summons, that is directed to the Sheriffs, by vertue of which, Parliament-men are chosen, runs in these words: King Charles being to have conference and treaty with, &c. upon such a day, about or concerning (as the words of the Triennial Act hath it) the high and urgent affairs concerning his Majestie (and he writes US) the State, and the defence of the Kingdom and Church of England. But I would fain know how it’s possible for a Parliament to confer or treat with King CHARLES now he is dead: it’s impossible. See 2. H. 5. Cook tit. Parl. 3. part. And therefore the whole current of the Law of England (yea, Reason it self) from the beginning to the end, is expresly, That the Kings death doth ipso facto dissolve this Parliament, though it had been all the time before never so intire and unquestionable to that very hour; and it must needs be so, he being in Law, Yea, and by the authority of this very Parliament stiled, the head, the beginning, and end of Parliaments: See Cooks 4 part Institutes fol. 1. 3. Mr. Pym’s forementioned Speech against Strafford pag. 8. S. John’s forementioned argument against Strafford, pag. 42. And Edition: current; Page: [6-389] therefore as a Parliament in law cannot begin without the Kings presence in it, either by person or representation, Cook ibid. fo. 6. so it is positively dissolved by his death; for thereby not only the true declared, but intended end of their assembling (which was to treat and confer with King Charles) is ceased, and thereby a final end is put unto all the means that are appointed to attain unto that end: And therefore it is as impossible for this Parliament, or any Parliament to continue as long as they please, as for a Parliament to make King Charles alive again.

Fourthly, For Repugnancy: That which is but for a time, cannot be affirmed to have continuance for ever [it is repugnant:] but this Parliament in the intention of the makers of the Act, was to be but for a time, not above a yeer at most, after the date of the Act, as is before proved and declared from their own words; And therefore it cannot be reputed perpetual, for there is a repugnancy betwixt them.

Again, The King’s Writ that summoned this Parliament, is the Basis in law, and Foundation of this Parliament: If the Foundation be destroyed, the Parliament falls: But the Foundation of it, in every circumstance thereof, is destroyed: And therefore the thing built upon that Foundation must needs fall. It is both a Maxime in Law and Reason.

But if it be objected, The Law of Necessity requires the continuance of the Parliament against the letter of the Law.

I answer, First, Its necessrry to consider whether the men that would have it continue as long as they please, be not those that have created the necessities on purpose, that by the colour thereof they may make themselves great and potent; and if so, then that Objection hath no weight, nor by any rules of Justice can they be allowed to gain this advantage by their own fault, as to make that a ground of their justification, which is a great part of their offence. And that it is true in it self, is so obvious to every unbiased knowing eye, it needs no illustration: but if it shall be denyed by any of their pens, if God please to give further opportunity, I shall prove it to the full.

Secondly, I answer, There can no necessity be pretended that can be justifiable for breach of trusts that are conferred on purpose for the redresse of mischiefs and grievances, when the trust is perverted to the quite contrary end, to the increase of mischiefs and grievances, yea, to the subversion of Laws and Liberties. I am sure, Mr. Pym by their command and order, told the Earl of Strafford so, when he objected the like, and that he was the King’s Counsellor, and might not be questioned for any thing he advised according to his conscience. But saith Mr. Pym pag. 11. He that will have the priviledge of a Counsellour, must keep within the just bounds of a Counsellour. Those matters are the proper subjects of Counsel, which in their times and occasions may be good or beneficiall to the King or Common-wealth. But such Treasons as these, the subversion of the Laws, violation of Liberties, they can never be good or justifiable by any circumstance or occasion; and therefore (saith he) his being a Counsellour makes his fault much more hainous, as being committed against a GREATER TRUST. And in pag. 12. he answers another excuse of his, which was, That what he did he did with a good intention. Its true, saith Mr. Pym, Some matters hurtfull and dangerous, may be accompanied with such circumstances, as may make it appear usefull and convenient; and in all such cases, good intention will justifie evill counsell. But where the matters propounded are evill in their own nature, such as the matters are with which the Earl of Strafford is charged viz. To BREAK A PUBLICK FAITH, to subvert Laws and Government, they can never be justified by any intentions, how specious or good soever they pretended.

And that they have perverted the ends of their Trust more then ever Strafford did, I shall instance at present but in 3 particulars, the main ends of their Trust was to ease the Edition: current; Page: [6-390] People of their grievances; and what their Grievances were, are excellently reckoned up in the Parliaments first Remonstrance of the state of the Kingdom: First, destruction of their Trades by Monopolize, &c. Secondly, exhausting of their estates to maintain and promote pernitious designes to their destruction. Thirdly, their essentiall Liberties and Freedoms quite destroyed: Where is the remedy now? hath not the Parliament contrary to that, excellent, Law against Monopolize, of the 21 Jame., Chap. 3. of late erected Monopolise by Ordinances, Orders and Votes, (although in the first month of your sitting, you made Orders to throw down Monopolizers out of your House:) as particularly, Whale Oyle, White fine, Wyer, Tynn, with many others; yea, and continuing all the old Monopolies, Merchants, Companies that Trade beyond seas; yea, and set up for eternity that Monopoly of all Monopolies, the Excise; the bare endeavouring of which, they call an unjust and pernitious attempt in the King in the fore-mentioned, Declar. pag. 6.

And then for exhausting of their estates, the King did it by a little Shipmony and Monopolies &c but since they begun they have raised and extorted more mony from the people and nation then halfe the Kings from the Conqueror ever did, as particularly; 1 By Excise. 2 Contributions. 3 Sequestrations of lands to an infinite value. 4 Fifth Parts. 5 Twenty parts. 6 Meal-mony. 7 Saile of plundered goods. 8 Loanes. 9 Benevolences. 10 Collections upon their fast dayes. 11 New Impositions or Customes upon Merchandise. 12 Guards maintained upon the charge of private men. 13 Fifty Subsidies at one time. 14 Compositions with Delinquents to an infinite value. 15 Sale of Bishops Lands. 16 Sale of Dean and Chapters Lands, and now after the wars are done. 17 Sale of King, Queen, Prince, Duke, and the rest of the Childrens revenue. 18 Saile of their rich goods which cost an infinite summe. And 19 To conclude all a taxation of ninety thousand pound a month, and when they have gathered it pretendedly for the Common-wealthes use, divide it by thousands and ten thousands, apeere amongst themselves; and wipe their mouths after it like the impudent Harlot as though they had done no evill; and then purchase with it publique lands at small and triviall values; O Brave Trustees! that have protested before God and the world, againe and againe in the day of their straits, they would never seek themselves, and yet besides all this divide all the chiefest and profitablest places of the Kingdom amongst themselves; And then thirdly; what regulating of Courts of Justice, and abridging of delayes, and charges of Law suits have they performed as in their first Remonstrance they promised? Nay are they not worse then they were before the wars, and besides, then High-Commission, Star-Chamber and Counsel board were all downe; and have they not now made a Star-Chamber, High-Commission and Councel-Board of most of their petty Committees? but most dreadfull ones of the House and their New-Councel of State? as is evident to be seen in my Comrades and my illegall and arbitrary imprisonment, and cruel close imprisonment Thirdly, Nay have we at all any Law left Master Peters your grand Teacher averred lately to my face we have none?) but their meer wils any pleasures; saving Fellons Laws, or Martiall law, where men-Butchers are both informers, Partie, Jury-men and Judges; who have had their hands imbrued in bloud for above this seven yeares together, having served an aprentiship to killing of men, for nothing but mony, and so are more bloudier then Butchers that kill sheep and calves for their own livelihood, who yet by the Law of England, are not permitted to be of any Jury for life and death, because they are conversant in shedding of bloud of beasts; and thereby, through a habit of it, may not be so tender of the blood of men; as the Law of England, reason and Justice would have men so be. Yea, do not these men by their swords, being but servants, give what law they please to their Masters: the pretended Lawmakers of your house, now constituted by as good and legall a power as he that robs or kils a man upon the high-way.

But to conclude this tedious point, I shall end it with such an Authority, as to the Edition: current; Page: [6-391] ruling men in your House, must needs knock the Nail on the head, and that is with the Declaration of the Army, (Your Lords, Masters, Law givers, and Law-executers) who in their most excellent of Declaratrons of the 14 of June, 1647. About the just and fundamentall rights and liberties of themselves and the Kingdom, page 40, 41, 42. of their book of Declarations, after they have sufficiently cryed out of Stapleton and his party, for abusing, deluding and over-swaying the house from their true end for which they were assembled together: say thus,

But yet we are so far from designing or complying to have an absolute or arbitrary power fixed or settled for continuance, in any persons whatsoever; as that (if we might be sure to obtain it) we cannot wish to have it so in the persons of any whom we could must confide in; or who should appear most of our own opinions and principles, or whom we might have most personall assurance of, or interest in, but we doe, and shall much rather wish, That the Authority of this Kingdom in Parliament (rightly constituted, that is, freely, equally and successively chosen, according to its originall intention) may ever stand and have its course. And therefore we shall apply our selves chiefly to such things as (by having Parliaments setled in such a right constitution) may give most hopes of Justice and Righteousnesse, to flow down equally to all, in that its Ancient channell, without any overtures, tending either to OVERTHROW that foundation of Order and Government in this Kingdom, or TO INGROSS THAT POWER FOR PERPETUITY INTO THE HANDS OF ANY PARTICULAR PERSONS, OR PARTY WHATSOEVER.

And for that purpose though (as we have found it doubted by many men, minding sincerely the publique good, but not weighing so fully the consequences of things) it may and is not unlike to prove, that, the ending of this Parliament, and the election of a New, the constitution of succeeding Parliaments, (as to the persons Elected) may prove for the worse many wayes; yet since neither in the present purging of this Parliament, nor in the Election of a New, we can promise to our selves or the Kingdom, and assurance of Justice, or other positive good from the hands of men; but these who for present appear most righteous, and most for common good (having an unlimited power fixed in them during life or pleasure) in time may become corrupt, or settle into parties, or factions; or, on the otherside in case of new Elections, those that should succeed, may prove as bad or worse then the former. We therefore humbly conceive that (of two inconveniences the lesse being to be chosen) the main thing to be intended in this case (and beyond which humane providence cannot reach, as to any assurance of positive good) seem to be this, viz. to provide, that however unjust or corrupt the persons of Parliament men, in present, or future may prove, or whatever ill they may doe to particular parties (or to the whole in particular things) during their respective termes or periods, yet they shall not have the temptation of an unlimited power fixt in them during their owne pleasures, whereby to perpetuate injustice or oppression upon any (without end or remedy) or to advance and uphold any one particular party, faction or interest whatsoever, to the oppression or prejudice of the Community, and the enslaving of the Kingdom unto all posterity, but that the people may have an equall hope or possibility, if they have made an ill choice at one time, to mend it in another, and the Members of the House themselves may be in a capacity to taste subjection as well as rule, and may be so inclined to consider of other mens cases, as what may come to be their own. Thus we speake in relation to the House of Commons, as being intrusted on the Peoples behalfe, for their interest in that great and supreme power of the Common wealth (viz.) the Legislative power with the power of finall Judgement) which being in its own nature so arbitrary, and in a manner unlimited, (unlesse in point of Edition: current; Page: [6-392] time) is most unfit and dangerous (as to the peoples interest) to be fixt in the persons of the same men, during life or their own pleasures. Neither by the originall constitution of this State, was it, or ought to continue so, nor does it (wherever it is, and continues soe) render that state any better then a meer tyranny, or the people subjected to it, any better then vassals; But in all States where there is any face of common freedom, and particularly in this State of England (as it is most evident both by many positive laws and ancient constant custome) the people have a right to new and successive Elections, unto that great and supream trust, at certain periods of time, which is so essentiall and fundamentall to their freedom, as it is, cannot or not to be denied them, or witheld from them, and without which the House of Commons is of very little concernment to the interest of the Commons of England. Yet in this we could not be understood in the least to blame those worthies of both Houses, whose zeale to vindicate the Liberties of this Nation, did procure that Act for the continuance of this Parliament; wherby it was secured from being dissolved at the Kings pleasure, (as former Parliament had been) or reduced to such a certainty as might enable them the better to assert and vindicate the Liberties of this Nation, (immediately before so highly invaded, and then also so much endangered) and those we take to be the principall ends and grounds for which in that exigency of time and affairs it was procured, and to which we acknowledge it hath happily been made use of; but we cannot thinke it was by those Worthies intended, or ought to be made use of to the perpetuating of that supream trust and power into the persons of any during their owne pleasures, or debarring of the people from their right of elections totally new.

But it here it should be objected although the King be dead, yet the Parliament hath altered the Government into a Common-wealth, and so may if they please change the Constitution of Parliaments.

To which I answer, First, that those company of men at Westminster, that gave Commission to the High Court of Justice to try and behead the King, &c. were no more a Parliament by Law, nor a Representative of the people, by the rules of Justice and Reason, then such a company of men are a Parliament, or Representative of the People, that a company of armed Theeves chuse and set apart to try, judge, comdemn, hang, or behead any man, that they please, or can prevail over by the power of their swords, to bring before them by force of arms, to have their lives taken away by pretence of Justice, grounded upon rules meerly flowing from their wils and swords; for I would fain know any Law in England, that authoriseth a company of Servants to punish or correct their Masters, or to give a Law unto them, or to throw them at their pleasure out of their power, and set themselves down in it, which is the Armies case with the Parliament, especially at Tho. Prides late Purge; which I call (and will maintain to be) an absolute dissolution of the very essence and being of the House of Commons; and I would fain see any Law or Reason in Writing or Print to justifie that action, upon any other account, then in hindering them from raising a new Warr, and from destroying the peoples Liberties by their eternall sitting, seeing they keep their power longer by far then their Masters, or impowers the people intended they should, and also employ it to their mischief, by hindering them, (I mean those that had not acted against the Liberties of the Parliament) entering into a mutuall engagement to appoint rules whereby to chuse (seeing they cannot all meet in one place themselves) and impower new Trustees, Commissioners, or Representors, to make equall and just Lawes to bind all, and provide for their future well-being, there being no other may justly, either in Edition: current; Page: [6-393] Law or Reason; to settle this Nation in peace and quietness, but by one of these two means: First, either by admitting the King in again upon terms: or else, secondly, to lay foundations of a just Government, by an Agreement made amongst the generality of the people capable of it: and if any man upon earth can either by Law or Reason shew me a third way, that hath any more shadow of Justice in it, then for William the Conqueror, or the great Turk by their swords to give a Law unto this Nation, I will forfeit my life.

But secondly I answer, the main end of the peoples chusing of the Members of the House of Commons was not to come to Westminster to set up a common-wealth, especiall to invest all power in themselves, and with that at their pleasure rob and take away (by the rules of their wills) the liberties and lives of those that chuse them, and be unaccountable as long as they live, although they do what they please; therefore I would fain see any bit or shadow of a pretended Commission to this end, either in writing, or tacitly in intention; nay, or so much as in the thoughts of the major part of the Members themselves, when they were impowered; I am sure all their Declarations declare the contrary. And therefore I say, and will make it good against all the tyrannicall Sophisters in England, in a Publique dispute before the People, That the main end wherefore they were sent, was to treat and confer with King Charles, and the House of Peers, about the great affaires of the Nation, &c. and therefore are but a third part, or a third estate of that Parliament, to which they were to come and joyn with; and who were legally to make permanent and binding laws to the people of the Nation; and therefore having taken away two of the three Estates, (through a pretended necessity, for a pretended good end, the accomplishment of which can only justifie this act) that they were chosen on purpose to joyn with to make Laws; the end both in reason and Law of the Peoples trust is ceased; for a Minor joyned with a Major for one and the same end, cannot play Lord paramount over the Major, and then doe what it please; no more can the Minor of a Major, viz. one estate of three legally or justly, destroy two of three without their own consents, or the Authority of a higher power, then all given and deligated for that end intended and declared, which is the People, the fountain and originall of all just power, which they never did in their lives; and therefore the whole power of all is returned to them singly and alone, (but if any part of it is yet inherent in any, then it is in Prince CHARLES as Heir apparent to his Fathers Crown and Throne) over whom (I mean the people) no persons nor power on earth can now set no change of Government whatever, but what is done by their own mutuall consent by AGREEMENT AMONGST THEMSELVES, but with as reall a face of Tyranny, as ever was acted by any Conqueror or Tyrant in the world; unto which whosoever stoops and supports it is as absolute a Traytor both by Law and reason, as ever was in the world, (it not against the King, yet against the Peoples Majesty and Soveraignty, the fountain of all power on earth,) and the present setters up of this Tyrannicall new Commonwealth, considering their many Oaths, Covenants, Promises, Declarations and Remonstrances to the contrary, (with the highest promises and pretences of God for the People and their declared Liberties, that ever was made by men) are the most perjured, perfidious, false Faith and Trust, breakers and Tyrants what ever lived in the world; and ought by all rationall and honest men to be the most detested and abhorred of all men that ever breathed, by how much the more under the pretence of friendship and brotherly kindness they have done all the mischief they have done in destroying our Lawes and Liberties, &c. Is any Treason like Judas his Treason? who betrayed his Lord and Master with a kisse: Is any murder in the world, like that of Joab committed unto Abner and Amasa? who while he kissed and embraced them with the highest Edition: current; Page: [6-394] declarations of friendly and brotherly affection, stabbed them under the fifth Rib, 2 Sam. 2. 27. & 10. 9, 10. Is any wrong or mischief done unto an ingenuous spirit, so bitter to his soul, as the treachery and baseness of a pretended and familiar friend? No undoubtedly, for against a professed enemy a man hath a fence, for he will not trust him, but is alwayes jealous of him: but against a pretended friend he hath none, for he lyes in his bosome, from whom he fears no ill, but sleeps in security, in the height of which he is ruinated and destroyed: which kinde of dealing was most bitter to Davids soule, which made him say, Psalm 55. 12, 13, 14, 15. For it was not an ENEMY that reproached me, then I could have born it: neither was it he that HATED me, that did magnifie himself against me then I would have hid my self from him. But it was thou, a man, mine equall, MY GUIDE, MINE ACQUAINTANCE. We took SWEET COUNSELL together, and walked into the house of God in COMPANY: Let death seiz upon them, and let them goe down quick into hell, for wickednesse is in their dwelling, and among them, and let the present generation of swaying men, that under the pretence of good, kindness and friendship, have destroyed and trod under their feet all the Liberties of the Nation (and will not let us have a new Parliament) and set up by the Sword their own unsufferable, unsupportable Tyrannicall Tyranny; consider the ends of JWDAS and JOAB, and they shall finde, that for their treachery and blood; the one Hanged himself, and the other was executed in the Tabernacle of the Lord, at the horns of the Altar, whether he fled for refuge and sanctuary, 1 Kings 2. 30, 31. yea, also remember Cains treachery to his innocent brother Abel, Gen. 4, 8, 10, 11, 12, 13, 14.

Thirdly and lastly, I answer, the House of Commons sitting freely within its limitted time, in all its splendor of glory, without the awe of armed men, never in Law, nor in the intention of their chusers were not a Parliament; and therefore of themselves alone, have no pretence in Law to alter the constitution of Parliaments, especially as to free and successive Elections totally and wholly new; neither if ever it had been in the power of a true and reall House of Commons; Yet this present pretended One now sitting at Westminster is now a true House of Commons; as the Armies ancient Declarations doe notably prove; see their Book, Declar. pag. 125, 127, 134, 135, 138, 139, 140, 141, 143. For I would fain, know in Law, where Col. THOMAS PRIDE was authorised to chuse the people of England a Parliament; or to purge away at his pleasure by his sword three quarters of four of the House of Commons, (and so committed the affairs of Parliament to a few, which was never intended by the impowerers, but hath always been holden to be against the honor and dignity of a Parliment, and that no such Commission can or ought to be granted, no not by a legall Authority it self; see 4 part. Cooks Institutes, sol. 42. chap. High court of Parliament) and send whom of them he pleaseth to prison, without charge or declared crime, and to stand at the House door in a warlike posture, with Swords and Muskets to keep out whomsoever he pleased, against the Law and constitutions of Parliaments, which ought to Sit free from the force of Armed men, 4 part. Institut and let none goe into the House, but only those that he knew or did beleeve would vote AS HE AND HIS Masters WOULD HAVE THEM; For shame let no man be so audaciously and sottishly void of reason, as to call Tho. Prides pittifull Junto a Parliament, especially those that called, avowed, protested and declared again and again those to be none, that sate at Westminster the 26 and 27, &c. of July, 1647. when a few of their Members were scared away to the Army, by a few houres Tumult of a company of a few disordred Apprentices: And being no Representative of the people, no nor so much as a shadow of it, much lesse a Parliament, with pretence in Law, reason, Justice or Nature Edition: current; Page: [6-395] can there be for them to alter the constitution of successive and frequent Parliaments, and force upon the shew of their own wils, lusts, and pleasures, for Laws and rules of Government, made by a pretended, everlasting, nulled Parliament, a Councel of State, or Star-chamber, and a Councel of War, or rather by Fairfax, Cromwell and Ireton. And so much for my unsatisfiednesse in the present Authoritie.

But secondly, In case the Justices either in Law, or by reason of the power that now rules England, had to my understanding been a thousand times lesse unquestionable then it is, and had neither against the rules of reason ejected two parts of three to set up themselves, nor outstrip’d its Commission in sitting longer then they should, nor never had been forced once by the Apprentices, which the Army called and declared Treason, and those that remained a mock and pretended Parliament; and if so, then it was dissolved, being sine die, and could legally meet no more at all: nor once forced by the Army; and then the second time not onely forced, but pick’d and culled, and one of four left behinde, by means of which it was totally destroyed and annihilated, and none left in a manner but such as would do what those that left them would have them: I say, if none of all this had been, I could not with freenesse of my own spirit live upon the sweat of poor peoples brows, by a large Salary for my place, who are fain (now their Trades are gone, their estates spent for the intended recovering of their freedoms (of which notwithstanding they are cheated, and that by their pretended friends) and a famine come upon some parts of the Land, and thousands ready to starve) to pay taxations and Excise for the small beer they drink, and the poor clothes they wear, thousands of Families having never a penny in the world to buy bread for them, their wives and children, but what they earn with the sweat of their brows, and notwithstanding are almost as much without work, as without it: and yet out of the bowels, and pining bellies of these poor people, in this sad and deplorable condition must my salary have come, in case I had taken a publick place upon me: Therefore when I seriously consider how many men in the Parliament, and else-where of their associates (that judge themselves the onely Saints and godly men upon earth) that have considerable (and some of them vast) estates of their own inheritance, and yet take five hundred, one, two, three, four, five, six thousand pounds per annum salaries, and other comings in by their places, and that out of the too much exhausted publick Treasury of the Nation, when thousands, not onely of the people of the world, as they call them, but also of the precious and redeemed Lambs of Christ, are ready to sterve for want of bread, I cannot but wonder with my self, whether they have any conscience at all within them or no, and what they think of that saying of the Spirit of God: That whoso hath this worlds good, and seeth his brother hath need, and shutteth up his bowels of compassion from him, (which he absolutely doth, that any way takes a little of his little from him) how dwelleth the love of God in him? 1 John 3. 17. These actions and practices are so far from being like the true and reall children of the most high, that they are the highest oppression, theft and murder in the world, thus to rob the poor people in the day of their great distresse, by Excise, Taxations, &c. to maintain their pomp, superfluities, and debauchery; and many of those from whom they take it, do perish and sterve with want and hunger in the mean time; and be deaf and adamant hearted to all their Tears, Cryes, Lamentations and Mournful Howling Groans; without all doubt these pretended godly, religious men have got a degree beyond those Atheists or fools, that say in their hearts, There is no God, Psal. 14. 1. and 53. 1. And these are my reasons (with my resolvednesse of walking by a known rule amongst men, the declared Law of England) for not taking a publik place upon me, though I have often been proffered considerable ones, yea, that very fore-noon the Votes of Treason passed in the House against that honest Book or Addresse for which I am imprisoned, Edition: current; Page: [6-396] called, THE SECOND PART OF ENGLAND’s NEW CHAINS DISCOVERED.

In the third place, I considered with my self, that seeing I could do neither of these, then I must do one of these two; first, Either follow a Trade; or else, Go and buy, or farme some Land in the Country: and when I considered the grand oppressions there, as by Tythes, which is not onely annually the tenth part of the Husbandmans profit to the lazy, antichristian, time observing Priests; but annually the fourth part of his increase, labour, hazards, yea, and stock too; which Tythes I should sooner be hanged then pay: and not onely so, but also the Taxations and Excise, with that unfathomable gulf of free-quarter, by means of which a great Officer that bore me a spleen (amongst whom I have enemies enough) with a Regiment, or more, or fewer, in two or three nights (with free-quarter) might eat me (by force of arms) out of house and home; and so not only waste the increase, but also destroy the principall. And so for these reasons I was blockt off from going to live in the Country.

Then secondly, for a Trade, I must either follow it in London, or in some other Corporation: and in another Corporation (although the King the root and fountain of them be destroyed, and although I am not onely a Native and free Denizen of England, and served many yeers to learn a Trade in London, yet in any considerable Corporation in England) can I not with indrustry be suffered to follow a Trade or Merchandizing to get me bread, unlesse I be a Free man thereof; yea, Newcastle, the chiefest place in my eye, being nigh the aboad of my Father and kindred, is so grand inhaunsing a Monopolizer, that it monopoliseth the River of Time, yea, and the land for seven miles distance; although it can produce neither Law nor Reason therefore, but onely a large bribing purse of the whole Corporation; which they in that Town say, is so heavie, it will break any private particular mans back: which yet I should not have feared, had there been any equall Law to have been had from the Administrators thereof in any of the Courts of Justice in England, being as well able (at least in my own thoughts) to plead my own case in Law at any Bar against an inhaunsing Corporation, or a Patentee Monopolizer (both of which are against the fundamentall Laws and Liberties of England, as is notably proved by Cook in his exposition of the Statute of Monopolies, 3 part Instit. fol. 181. 182. &c.) as any Lawer in England, it being my undoubted right both by Law (Sec. 28. Ed. 1. chap. 11. and the Statute that abolished the Star-chamber) and Reason, to plead mine own cause, or any of my friends that will chuse and trust me; as any Barristers in the Nation, which I will publickly dispute with any Lawyer any day in the week; and for the unjustnesse of Corporations and Monopolies, which are both sons of one father, read my forementioned Book, called, Innocency and Truth justified, from the 46 page to the 63. and my book called, Londons Liberties in Chains discovered, but especially pag. 21. 22. 36. 38. 41. 43. 44. 45. to 58. And my second part of it, called Londons Charters, pag. 36. 37. to 64. So being for the foregoing reason block’d off from following a Trade any where else but in or about London, where I had the choice of three things.

First, Either to set up a Shop in the City; which I was staved off from, for these Reasons:

First, Because the Court of Aldermen are so oppressive in their Government of the City, setting up their own wills, humours, and irrational ridiculous Customs above both the Law, Reason and their own Charters; which I knowing so well as I do, (and which is pretty well anatomized in my foresaid Books) I should never bear, and so be continually in broils, which was my earnest desire to avoid.

Secondly, A man cannot well keep any considerable Trade in a shop but he must Edition: current; Page: [6-397] trust much; which a man many times hazard the losse of; especially in these impoverishing times, or else to Law for it, which I never loved (never having had two Suits in my life, that I can remember) not onely for the jangling part of it, but also for the tedious, chargeable, intricate, hazardous uncertainty of the proceedings therein, as the Judges on purpose have made it to get money: for being often in company with an able, and a very honest man for a Lawyer, with other understanding friends, where we had notable discourses of the abuses of the Law, which were particularly instanced to be many, I took special notice of two things he often averred (to his praise I speak it) besides the proceeding for the most part in an unknown tongue, and an unlegible hand as writes, &c. which two things were these, that he would make good;

First, According to the practice in Westminster Hall, ‘If a man lent another man 100 l. 500 l. or 1000 l. &c. and had as good security as any in England can give; yet when the day of payment comes, if the party be a crafty baffling man, and have a good purse, he shall keep a man in the Courts in Westminster Hall three or four yeers in suit, let him do the worst he could, before he could get his money; nay, nor never shall get it neither, unlesse he have a purse also able in some reasonable measure to hold pace with him: but in case in any of that time (by sicknesse, losse or other casualties) he happen to fall poor, and so not able in money to pay fees, &c. its lost for ever: besides all this, the hazards he runs (are sufficient) by being betrayed, bought, and sold by his Solicitor or Atturney, &c. Besides the danger of common Knights of the post, to swear the money’s paid, &c.

Secondly, He did averre, that he would make it good before the Speaker at the Bar of the House of Commons upon his life; that for the Chancery (which trades men upon book accounts &c. are subject often to use, and there is not a decree of 100 l. from one yeares end to the other made in that Court, but jumbling all the decrees together one with another, some suits holding 10, 15, 20, 30 yeares, nay some above, but first and last it costs the Plaintief 500 l. for every hundred pound decreed one with another; O brave, honest and reforming Parliament who in three dayes might mend all this easily and plainly by a County record, by which a Suit never need to be of a months continuance, and for which they have often been Petitioned, but yet will not, but suffer it to continue worse then they found it, for all their great promises in their first Romonstances, &c. to the contrary; yea and give their Judges their places freely, and 1000 l. per annum out of the Common-wealths mony, besides all their illegall and unfadomable fees; whereas in the Kings time they had but 200 l. per annum sallery and their fees; and most commonly paid 5, 6, 7, 8, 9000 l for their places, and yet were every whit as just as these are, for any thing that ever I could hear of to to the contrary, and I think I have enquired as diligently into both as any one private man in England hath done; so for these reasons I durst not meddle with a shop in London.

And then in the next place, having multitudes of acquaintance both in City and Country, I had thoughts out of the Cities Freedom to turn Soap-boyler, being a good trade and most vendible for ready mony, and in it I met with these discouragements; viz. First, That there are new Monopolies upon some of the principall materials that makes them double prised to what they used to be, which most commonly are all imported from beyond seas, as oyl, tallow and pot-ashes, for which is paid both custome and Excise, yea and for the very coles that boyles them 4 or 5s. in a Chaldron; and scarce any thing free from Excise that belongs to it, or to the backs or bellies of the men that work it, but the very water; and yet notwithstanding when it is boyled and all hazard run, as spoyling or breaking of vessels, falling of the price of sope, or none vending of it, besides many other accidentall casualties, yet out of the very swet of his brows Edition: current; Page: [6-398] and the industry and labour of the very fingers ends, there must Excise be paid of so much a Barrell; and that which is worst of all is this, my House which used to be my Castle, and so it is by Law, night or day must be at the Knave Excise mans pleasure, to search and break open for unsealed soape when he pleaseth; nay, notwithstanding all this I must be had to take my oath (after they will not trust me, but have searched what they can) at the Excise Office, that I have made no more but so and so, and it may be I judge such an Oath altogether unlawfull, and therefore cannot take it, and therefore to prison without any more adoe I goe, and must be fined at the will of the chief Excisers, and pay a noble a day to the Serjeant at Armes, besides his mans fees; and if I do take my oath can forswear my self, I hazard the Pillory for perjury besides the wounding of my conscience; but if I be consciencious that I cannot set my conscience upon the tenter-hooks by forswearing of my self; then I am destroyed in my trade by others that will undersell me by this stealing Excise, and swearing soundly to the contrary too, judging it (with Cromwell, as Major Huntington in his impeachment of him declares) no sinne it may be to deceive the deceiver or oppressory and all this lyes upon us; in the first year of Englands Freedom by the Conservators of the Liberties thereof, who yet zealously and for the peoples welfare chopt of the Kings head for tyranny & oppression, although his loynes were never so heavy as their little finger is, O brave, unerring, unswerving and everlasting, nonesuch Parliament;

And therefore last of all I had thoughts towards Winter to buy of my Unkle at Sunderland to lay up some coals at my habitation in Winchester-house, to sell in January and February, and in the mean time to lay out my mony in some adventure for Holland, and there I met with these difficulties: First, although, I was as wary as any man in England could be, to see that Master Devenish title to the house was good in Law, and so I might justly and quietly expect the injoyment of my bargaine from him; And thereby I see First his deeds, and the Parliaments Ordinances thereupon, and Secondly I went and spoke with Master Iohn Cook the Lawyer, who drew up the conveyances betwixt Master Devenish and Master Young, of whom Master Devenish for his life bought all Winchester House in Southwark; by all which, but especially from Master Cooks owne mouth, I cleerly and evidently found Master Devenish had as good a right in all Winchester house, for Master Youngs life both by Law and Ordinance, as its possible for any man in England to have to the cloaths he wears, or any thing else that he possesseth, although he takes the advice of twenty Lawyers in the buying and purchasing of them; which incouraged me to strike a bargaine with him for three years, for as much of the House as I am to pay annually almost 20l. and yet since a Committee of Members with the Trustees of Bishops Lands will needs turne me and the honest man (by force of Armes) out of his Legall possession without any valuable consideration, or rendring at the least any reason wherefore, but only their Soveraigne wills and pleasures. O BRAVE PARLIAMENT JUSTICE! without all doubt this is the liberty of the people, and the Law of the Land, that we have been contesting and fighting for these seven yeers together, or at least as much as they intend (now they have conquered us with our own mony and our own hands) we shall possesse and enjoy this unrighteous molestation, which with their illegall imprisoning of me hath spoyled a coal-Merchant of me for the present.

And in the second place, as my adventuring to Holland, when I came to inquire after the nature of that, I found these difficulties therin, First, A strict Monopoly, that none whatsoever shall ship any white cloth for that place but the Monopolisers themselves, and Secondly a general monopoly upon woollen commodities whatsoever, that unlesse you do as good as tell a lye; I found merchants still continued to be the chief customers, who Edition: current; Page: [6-399] it seems have a trick to steal whole ship loads of custome for their own use, by means of which they undersell any other merchant, yea and thereby break the backs of new beginners; for being at my first inquiring thereinto with Master William Kiffin my quondam servant, though now my profest and blood-thirsty enemy, he told me a little before, he was one day at the Custome-house, and the chief men there had catcht a poor man that had stolne some custome, for which they were about fining and punishing him, why Master saith he to one of them in Kiffins hearing as he averred to me) will you be so angry with me, and so harsh to punish me for a small toy, when I am but your own scholler, for I am sure its but the other day since by your own directions I helpt you to steal in a manner a whole ship load of uncustomed goods: and you being so well pleased with that, my thinks you should not be so angry with me for stealing a little custome for my self.

But then Fourthly, The Prince was Master of the Sea then, so that I durst not venture it in a English bottom, some of which had laid in the Thames divers weeks loaded and durst not stirre out for want of convoy, which they had sought much for then to the Parliament, but could get none; and to ship it in a Dutch bottom, it did not only give the traid of shipping to the Dutch, and so destroy our English Mariners, but also by law to ship it in Ducth bottom, it is confiscated or at least must pay the custome of Aliens or strangers as appeares by the statutes of 5 R 2. Ch. 3 & 6 R 2 cha. 8. & 4. H. 7. ch 10. & 5. & 6. E. 6 cha. 18. & 1 H. 13. But having bought some cloth and stuffs I was necessitated to run the hazard of shipping them in Dutch bottom; but English woollen commoditie; being so great a drug in Holland as they are by reason of the merchant monopolisers, alias merchant adventurers, that ingrosse the trade to themselves, and buy their cloth here at what rates they please and sell it in Holland as dear a list; and so care not how little they vend so they get mony enough by that they sell and disable all others from trayding, by meanes of which the poor people here that depend upon cloth-making, wanting work are necessitated to leave the land of their nativity and goe to Holland to make cloth for the dutchmen to get bread to keep them alive; whereby they have almost got the English cloth making traid, and our wise, just and long winded Parliament, are willing they should so do, or else almost in nine years time they would have given some satisfactory effectuall answer in those multitudes of Petitions that have year after year been preferred to them, complaining of these unsufferable and destroying grievances, and yet they can assume to themselves a stile of the Conservators of the Liberties of England in the first year of Freedom, but I wonder where it is, for my eyes can see none at all in any kind, but rather more bondage then ever, witnesse now their Treason-trap, &c.

So English cloath being so great a drugg there, that little profit could I expect by my adventure, unless I laid out in the return most of my mony in such Commodities as are monopolized by new Patents, Ordinances, against the Laws and Liberties of England, and if I so did, when they come here (if the Monopolizers catch them) they are all lost; so here is our Freedom, but yet notwithstanding, I did order my factor to lay out the most of my mony there, in such commodities only, being resolved as soon as I could here of the ships arrival in the river of Thames, to boord her with half a dozen lusty resolved blades; and with my own hand to give the chief Monopolizers a brace of pistoll bullets in his guts, or a prior with my Rapier or dager, in case he came to take away my goods from me; and then to run the hazard of a tryal at common Law, to see whether by the Law of God, and of England; I could not justifie the preservation of my self and my goods, from any that come to rob me of them, and rather kill him or them, that would assault me and them, then suffer him or them to take away by force my livelyhood, and so by consequence the life of me and my family, but the counsell of States robbing me of my liberty, by my close imprisonment in the Tower hath frustrated my marchandizing hopes, yea Edition: current; Page: [6-400] and it may be thereby break me to the bargin, but if they do, when they have seriously call up their gains by it, they will not be six pence the richer, though my wife and little babes may be much more the poorer: But to turn back again to my coming out of the North, besides the thoughts of my future substance, in some honest industrious calling or other, I spent some time at Westminster, to see and satisfie my own understanding how the true sail of things stood at the helm, I mean with the three great men of the Army, viz. Fairfax, Cromwell, and Ireton; and whether I could finde out they had any real thoughts to prosecute their Own Agreement, that so we might have a new, equal, and just representative, which I upon my principles (now they had laid Kingly Government aside) look’d upon as the only and alone earthly salve, to heal and cure the wounds of this distracted and dying Nation, and to make it flourish once again in peace, Trade and all kinde of outward prosperity, and without which our wounds could never be healed or cured by any other means that could be invented or continued, looking in my own thoughts upon the then final sitting remnant of the last Parliament, as a quite contrary interest to the peoples good or welfare; distributive Justice and universall righteousness, being their bane, and that which would be the unavoydable ruine by reason of that horrible guilt they have contracted by their self-seeking unjust wayes upon themselves; the great bug-bear the King being now gone, they would be necessarily led, for the supportation of themselves in the evill of their wayes, and continuance of their intended perpetual Greatnesse, to court, support, and make much of the chief Supporters of all the remaining corrupt Interest in England, as the Priests, and their robbing Tythes, the bane of industry; the Laywers, and their monopolizing pleadings, and all their old and base inslaving corruptions in the execution of the Laws, as bad in a manner as the old bondage of Egypt; and of old and illegall Charter-mongers, the inhaunsers, engrossers, and Monopolizers of Trade, and all the base bond ages thereunto belonging; the peoples freedoms and liberties being the onely thing now dreaded by them as the only engine to pull down all the steps they have long laid for their elective Kingship, and the single injoyment amongst themselves alone (and their vassals, slaves and creatures) of all the great places thereunto belonging, and thereupon depending, which yet they must not immediately do, but go about it gradually, and first get the power of seeming legall authority, into a narrower compasse then it was, in their purged House of Commons; that so that might rule, counsel and direct their mock Parliament; and the Councel of the Army might rule that; by means of which (what with the service of Ireland, &c.) they might so modulize their Army, that it in due time might totally become slavish by obeying without dispute what ever their great Officers command them, and so unanimously elect, and impose upon the people their present generall for their King, as the onely fit, able, and best deserving man in England for that soveraign Place; provided, under hand he would ingage too high and mighty Oliver, and his Son in law Henry Ireton, to be sure to do as they would have him, and in his Kingship to promote those that they would have advanced, that so one of them might not fail after his decease to succeed him; and so in time, with their long continued power and wils, keep it in their Line, as the onely deserving Family in this Nation, who saved it from its enemies (for their own ends) in the day of its distresse; whose battels it fought pretendedly for the Liberties of England, crying out Jehu. like, 1 Kings 10. 16. Come, See my zeal therefore in cutting off the Kings head, &c. and razing out his Family: And undoubtedly it is of the Lord, for he hath prospered me in it (and so he did Judas in betraying Christ) and none hath been able to stand before me, When as, alas, all this successe may be no more but the rod of God to chastise a then more wicked Family, designed by God to that destruction; for the transgressions, sin, or blood thereof; Yet for all this, the heart may be no more upright then Jehu’s was, Edition: current; Page: [6-401] vantingly lifted up by his great success, & took no heed at all to Walk in the Law of (Justice; Truth, and Obedience) the Lord God of Israel with all his heart, but followed after (Mans Inventions and Devices) JEROBOAM’S wickedness, to wit the golden calfs in DAN and BETHEL; for which wickedness and pride of his spirit, (after all his success in fulfilling the express will and command of God in cutting of from the earth Ahabs family, for the transcendent wickedness thereof) yet God begun to plague him, and in those daies cut Israel short ye and afterward for the pride and wickedness of his posterity (unto whom to the fourth generation God gave the Crown of Israel) for Jehu doing well in executing that which was right in his eyes, in utterly ruining of the house of Ahab for their [Editor: illegible word] wickedness, according to the heart and mind of God, vers 13. brought such plagues upon him and his people, that they became a spoil to all their neighbours, and finde their affliction very bitter; insomuch that there was not any shut up, nor any left, nor any helper for Israel chap. 14. 25. And as Jehu to the eyes of men conspired against his Master and killed him, being but a Captain in Israel; so Shalum the son of Jabesh conspired against the last of his race and smote him before the people and slew him, and raigned in his stead, Chap. 15. 10. but because those that followed after took no warning by the righteors and grievous punishment of their predecessors for their wickedness, to walk righteously and justly before the Lord;

Therefore he made their Raignes very short, and full of blood and bitter affliction; and brought their hands to their faces most commonly by Conspiracy, and that many times of their Servants & Captains; as the sequel of the Story shews.

And in my Observations and private discources at Westminster, I apparently found it to be as I feared, their main endevours being closely carryed on to perpetnate this Parliament for ever, and by it, a new (and then) endevoured to be erected Councell of State, and the Councell of Warr, for the future (by the rules of their wills) to govern this declared Free Nation arbitrarily; and to make some Grand examples of terror, as that none for time to come should dare to stir, Which I there clearly saw, to my vexation and trouble, but was inwardly forced to bite my lip and be silent: but that which perplexed me most was that I found promotion and promised hopes of honour and gain had very much changed the principles, and cool’d the zeal of three or four of my familiar acquaintance and bosome friends, that not long before had been visibly and frequently the valiantest, stoutest, ablest Champions for Englands Liberties and Freedomes that I know in the Nation; some of whom very fairly and smoothly dealt often with my self; to be as prudent and wise in acceptation of the favours, and familiar respects of great men, as they had done; and at my coming to town Duke Hamilton, and the stout Lord Capel &c. had newly entred upon the stage for the tryal of their lives, and I confess, I was exceeding curious, in satisfiing my self about the manner of dealing with them, and so up into the court I got and heard the begining of their defence, and afterwards went and spoke with them, looking upon them as part of the people of England unto whom if any injustice was done, it became a president to destroy me, or the most righteous man in England, if the swaying faction pleased, and seeing these men acknowledg themselves subject to the penal part of the Law, as well as the directive part (which the King never did but to his dying hour maintained, those two most ABOMINABLE AND ALL HUMAINE SOCIETY-destroying maximes viz. that he was accountable to no power on earth, (but God alone) as to punishment for any of his actions, though never so wicked: And secondly that the people have no share in Government, I thought my self and the liberties of my native Country concerned in the manner of their trial, though I neither then nor now liked the cause in which they ingaged) as knowing and seeing very well when the hedges and freedoms of our liberties and freedoms have but a gape broken Edition: current; Page: [6-402] downe in them, it is likely in time not only to become a path, but a high road way, to let in such an inundation of illegalities and arbitraries as shall overflow all and tread downe all underfoot, which is plainly to be read in Sir Walter Rawleys remarkable History of the Thirty grand Tyrants of Athens, in his History of the World, lib. chap. 9. sect. 2. fiol. And which in time might become a meanes to pervert all the whole Fabricke of the whole English Government, of which my mind being full, I argued thus with my selfe.

If it be these mens lives they would have right or wrong, then they should have killed them in the heat of bloud and not have given them quarter, or after quarter given should notwithstanding broke, and so have dispatched them by shooting or otherwise killing them in their Chambers or the like; but to reserve them many months, together alive, and bring them out in the face of the Sunne, pretending to take away their lives by the rules of Justice and Law. Well then what is done unto them in this case, must be just in the meanes and method of Justice as well as in the end, and the Law of England being their birthright and inheritance in every punctitio of it as well as mine or any mans in the Nation, and indeed the end of the making of the Law is for transgressors, by the rule of which their actions ought to be measured, the priviledges and benefit of which all their claime ought not to be denied (nay if they be ignorant of their legall priviledges, the Judge ought to instruct and inform them thereof) nay or any stander by else that is present at the tryal, and the law renders this reason, lest the prisoner at the Bar should unjustly lose his life by the errors of the proceedings of the Court, 3 par. insti. fol. 29. 137. Alasse, for a righteous man the Law was never made for him, neither hath he any need to claime the benefit of the severall priviledges of it, because he doth not transgresse it; but because so much malice and wickednesse is in the hearts of the sons of men, that many times the wicked and guilty accuseth the righteous and innocent, therefore the wisdom of our fore-fathers, and the righteousnesse of the Laws they made for us and have left unto us is such ‘that no man though never so notorious in publick fame, is to be esteemed or judged a guilty man or transgressor (in the eye of the law) till he be legally and duly convicted of the crime laid unto his charge by the rules and methods of the Law: the law of England is as much to be magnified, as Sir Edward Cock often stiles it, being a Law of mercy, ‘2 par. insti. fol. 315. favours much the life of man, because of all things in the world it is most precious, fol. ibid 30 see his exposition of magna charta in 2 par. inst. but especially fol. 42, 43. 46, 47. 51. 56. but above all read that most excellentest of all his discourses upon the righteousnesse, equity, safety, and justnesse of the tryall by Juries of 12, (Liber & legalis homo) free and legall men (NEXT) of the neighbourhood in his 1 par. Insti. lib. 2 chap. 12 Sect. 234. which Parliaments cannot destroy nor change, because it is impossible for them to find out a juster or better way of tryall and they are appointed to provide for our weale, but not for our woe, 1 par. book. Dec. p. 150. and not to doe what they list, but what they ought, 1 par. book. dec. p. 172. 206. 214. 266. 267. 383. 494. 497. 499. 656. 660. 666. 696. 706. 707. & 2 par. fol. 95. & Declarat. 17 March 1648. p. 6. 21, 28, 27. For all the idle pratings of any new upstart SONS OF BELIAL amongst us, such as the Author of the late abominable Book called the DISCOVERER [Editor: illegible word] which is commonly reported to be partly Master Frosts Secretary to the thing called the Councell of State, and principally that Apostate IOHN CAN late of Amsterdam, and now of the Parish of Bow, whose conscience by that appeares so broad that it will without doubt lead him to worship with the Turks Alkeron if it were in fashion, and fat livings to be got by so doing; But let all men in Authority and great places that ‘value their own heads and lives; Remember Dudly and Epsons punishments Privy Councellors to Henry the Seventh, for proceeding by the rules of their discretion in trials of Edition: current; Page: [6-403] causes, laying aside the tryals by Juries of twelve men, the ancient and undoubted birthright of the Subject 4 part inst. foli 41. for which they lost their heads as Traytors for subverting the fundamentall Liberties of the people, although they had an Act of Parliament (viz. 11 Hen. 7. ch. 3. recorded 4 par. inst. fol. 40) made by as unquestionable power in Law as ever was in being in England, in a free and full Parliament, consisting of King, Lords Spirituall and Temporall, and Commons; to authorise and bear them out in what they did, of whom you may read most excellently in Cooks inst. viz. 2 par. fol. 51 & 4 par. fol. 41. 197, 198. 199.

And in my musing with my self of their conditionn, my thoughts were something to this purpose, the actions done and acted by them, were either crimes or no crimes, crimes as to men they could not be, unlesse they were transgressions of a knowne and declared law in being in the Nation before their acts were done, (for saith the Spirit of Truth, Where there is no Law there can be no transgression, Rom. 4.15.) and if so then to punish them for their acts (or facts) any other wayes, or by any other rules, manner or methods then is by those Laws against which they had transgressed, is expressed and prescibed, is very grand injustice, and the most righteous and justest men in the world, (under such practises) can never be safe or secure, but are alwayes liable in liberty, estate and life, to be levelled and destroyed by the will, mallice and pleasure, of the present swaying grand faction, in which condition a man differs nothing from a brutebeast, but in shape; But the High Court of Justice, erected to try them, was a pretended Court of Justice, not knowne to the visible and declared law of England (being in its constitution altogether against all the English-Rules of justice, No nor in being when their facts were committed; And therefore had no pretence at all being but a new constitution to meddle with Judging of their facts committed before it had a being or was brought forth into the world. ‘Besides the erection of it (I mean a High Court of Justice) to try men for siding with the King in the late warrs against the Parliament is a meer and cleer giving away, and surrendring up the legallity of their cause into the Kings hands, telling the people in effect hereby, its true we have waged warre against the King, but if his sword had been as long as ours he might easily if he had pleased have hanged us all by the rules of Justice for transgressing a law in being.

But we having by the chance of war prevailed against him alass, we have no law of our sides; by the rules of which we can hang any of his party, but must be forced to take away their lives by the rules of our own wills and power; by rules of pretended Law made after their facts committed, and for the demonstrating of this unto all that have adhered unto us, we Erect a New High Court of Justice by new rules never known in England to try them, that so our friends that have adhered (to us, may see where they are, and betimes provide for their own safety, and never trust or beleeve OUR DECLARATIONS AND REMONSTRANCES ANY MORE; for though we formerly told you we had the Law of our sides; yet by our setting up this High Court of Justice, to be both parties Jury and Judges, we plainly tel you there was no such thing, but that then what we told you was lyes and falshoods, and that you should beleeve its no more: for though then we told you we would maintaine the Law, especially of Liberty and Propriety, and that it was transcendent wickednesse in us to destroy it and by our votes at our wills and pleasures to despose or levell all the peoples estates, liberties and properties; yet now we tell you, we never in our heart intended any such thing, but that our designe was totally (if we did overcome) never to keep any of our promises : but absolutely to destroy all Law, and by our absolute will, by all manner of new erected engins, to debase and breake the peoples Spirits, and to dispose of their liberties, estates and lives by the absolute rule of their own wills, and as a clear demonstration to your understanding that we never intended otherwise Edition: current; Page: [6-404] we erect this HIGH COURT OF JUSTICE, composed of such persons, as we know will obey and execute the absolute dictats of our wills, be they right or wrong, without ever examining whether our commands be consonant to law, reason, equity, justice or conscience, being of as absolute implicite faith in beleleeving of us (because we have promised they shall raign with us or under us) as ever any papish in the world were believing the Pope.

Thirdly, Admit this had been an unquestionable (representative of the people) Parliament, who by vertue thereof hath had a power to levy what mony they had judged convenient upon the people by general tax for the common safety of the Nation, which act both by law, and reason they may do; yet they cannot in law, equity or reason, lay all that tax upon three or four men alone, and make them bear all the charges of the publick; even so, although the Parliament may erect Courts of Justice, for the good of the people, to administer Law indefinitely to all the people of England alike without exception of persons; yet they can neither by Law, nor Reason, erect a Court of Justice on purpose to try three or four individual persons, and no more because it is against common equity, all Englishmen or people being all born free alike, and the liberties thereof equally intailed to all alike; and therefore in common equity and justice, three or four individual persons ought not to be burthened with an iron yoake, when the universal are only burthened with a wooden one; and therefore in this sence is my judgment, that that high Court of Justice was altogether unlawfull in case those that set it up had been an unquestionable representative of the people, or a legall Parliament, neither of which they are not in the least; but as they have managed their business in opposing all their primitive declared just ends, a pack of trayterous, self seeking tyranical men, usurpers of the name and power of a Parliament. I say considering with my self some such things as these are, I was something diligent at the beginning of their tryal to see and hear all; yea and often conversed with themselves but when I came to hear stout Capel make his defence for himself, (which was before he had any counsel assigned) and so Gallantly and accutely to plead the Law, and demand the benefit of it; which he did as acutely in my judgment, as ever I did hear any man in his own case in my life, alledging fiftly the Statute of 25. Ed. 3. chap. [Editor: illegible word] and cited the very word of those 2 notable Statuts for his benefit, of the 1. Hen. 4. chap. 10. and 11. Hen. 7. chap. 1. the last of which indemnifies the Kings followers in wars, and also cited the first and second of P and M. chap. 10. and pressed therefrom that all treasons should be tryed by the rules of the common Law and not by extraordinary ways and means according to the declared Laws in being citing the petition of right for the proof of that, looking round about him, and saying I am an English man, and the Law is my inheritance, and the benefit of the petition of right my birth-right, if for then saith he looking upon the president, wheres my Jury, I see none of my Jury, that is to pass upon me, I demand the right of my Jury legally pannelled, as my right by Law, without the verdict of whom I cannot in Law he condemned, and when it was replyed upon him by the president, that the members of the Court was the Jury; he most gallantly and resolutely answered to this effect, I hope you will not deny me the benefit of the Law, which you pretend you have fought this Seven years to maintain: I hope, Sir, You will not deny me the benefit of the Declarations of those by whose power you sit. And producing the Declaration (of the pretended House) made the 9th Febr. 1648. To maintain the Fundamentall Lavves of the Nation; he held it forth, and desired it to be read, which was refused by the President, telling him, They knew it well enough: Well then saith he, Here’s a Declaration made but the other day, wherein the Parliament declared: That they are fully resolved “to maintain, and shall and will uphold, preserve and keep the Fundamental Lawes of Edition: current; Page: [6-405] this Nation; for, and concerning the preservation of the Lives, Properties; and Liberties of the People, with all things incident thereunto; with the alterations touching Kings, and House of Lords already resolved in this present Parliament, FOR THE GOOD OF THE PEOPLE: And saith he, It is one of the Fundamentall Liberties of the Subjects of this Kingdom, to be tryed by Juries; and I hope you wil not deny me the benefit of the Parliaments Declaration, and so break it as soon as it is made: but all was to no purpose he must have no Jury, but Councell, if he would; at the denyall of which unto him, I confesse my heart was ready to sink within me, and my spirit was inwardly fill’d full of fire at these wretched men, whose now declared designe was cleer to tread under their feet all the Liberties of England, notwithstanding all their oathes and promises to the contrary; and then in that day in my own thoughts I clearly bid adieu unto all Englands glorious (amongst men) Liberties and dear-bought Freedoms, and much adoe had I in the open Court to containe my self from an avowed detestation of their ABOMINABLE WICKEDNES, my heart was so full; but being withdrawne I was something free in my discourse in all companies I came in but yet upon the principles of the Law and their own Declarations, as being almost overwhelmed to see what I then saw; and severall discourses I had with the prisoners, and divers of my books and law pleas, with Sir Iohn Maynards and the foure Impeached Aldermen I sent them, and much pressed some of them to put their lives upon the hazard of a Plea and protestation against the Jurisdiction of the Court, telling them if they dyed upon that score they would not only dy as lovers of the King their principall, but also of their Country, as brave Englishmen in the eyes of the people; where is if they stooped finally to their Jurisdiction, they might easily perceive they were resolved to sacrifice them, and if they so died they dyed upon a poor and beggarly score; yea in a manner upon the deniall of their own principals; but the Gentlemen having as to me appeared large promises of their lives upon conformity to the Jurisdiction of the Court were meerly gulled thereby of their lives, and could scarce ever beleeve the should dye till the house of death came upon them.

And yet not withstanding this, some of them sent to me, to desire me to be one of their Councell, to plead for them in matter of Law; unto whose friends I returned an Answer to this effect, that I could not be so unworthy in my own estimation, as to plead any plea they could plead for a justification of their actions (though I confessed there were much in law to be said for them; if [Editor: illegible word] as the case stood with them) unlesse it were a plea and protestatian against their Jurisdiction; and so procrastinate their tryall, if it were a possible till a new Parliament; upon which plea, I could willingly have ventred my heart blood for them, because my interest, and the interest of all the free and honest men in England was as much concerned in that fatall president of that abhominable and wicked Court, as Capell or Hambletons life; &c. was but they would not venter there, and so I declined them: And when Holland came to it, a Lady, and some other of his friends came to me, to my house about him; but I was still upon the same string, yet sent him word of severall particulars, in reference to my Tryall and arraignment at Oxford, that was very materiall to his present cause, and if he would call me in the open Court, as a Witnesse; he should see I would speak my minde freely and effectually, although I smarted for so doing; and he appointed a day to call me; whereupon; I went into the Court, and conveyed word so him, I was there, but whether his heart failed him or no, I know not, but he never called me; so when I understood they were all in the way of condemnation I took the third part of Cooks Institutes under my arme to the house doore, and made severall Applications to some of their Judges, and some Parliament men for them, and particularly with Colonel Temple Governour of the Fort near Graves End, and delt with Edition: current; Page: [6-406] him upon their own Principals, as the most probablest to doe the Prisoners good; and to save their lives, which I confeste I much laboured for, and my Discourse with him was to this effect at the House doore:

Sir, I beseech you, let me ask you one question, What’s that saith he? It is whether you think your House intend in good earnest to take away the lives of the Lord Capel &c? or whether they have only caused them to be condemned in terrorum? without all controversie said he, they intend to take away their lives, and it is but just they should, and doe not you believe so, No indeed Sir doe I not, and if you please, I will give you some part of my Reasons therefore; I pray let me have them, Well then Sir said I, to say nothing of the Jurisdiction of the Court by which they were tryed (which is very questionable to me) nor of the power of a Parliament to erect such a one, nor yet of the questionablenesse of the legality of your single House, nor of the clearness of the letter of the Law of their sides; which now the King being gone, might put you out of feare of the future power of these men, and make you now they are at your mercy, and you out of fear of present hurt by them; seriously to weigh the Quarrell betwixt you and them in an equall and just balance; which if you do, I am sure you will finde it very disputeable in Law, and something in Reason too, considering many of your late actions; especially if you consider, you never avowedly nor throughly stated your Cause; but begun it upon Commissions for King and Parliament, forced people to take the Oath of Allegiance and Supremacy, Protestation, and two Covenants, in all which you force the people to swear to maintain the Kings Person, Crown and Greatnesse: and this after the Wars begun, letting all Writs and Processe of Law run in his Name, and thereby your selves make him as it were Alpha and Omega to the people; yea, and in severall of your Declarations since the quarrell, you call him the fountain of Honour, and averr he can do no wrong: See 1 part Book Decl. pag. 199. 304. All which doings of yours are enough to make men side with the King, especially those that have great Estates, if it be for nothing but safetie’s sake alone: But I will lay all these aside, and argue with you more closely, upon principles that you cannot dispute against.

1. And therefore in the first place, The Law of England published by your selves; saith expresly, ‘No man of England in things concerning life shall be judged twice for one fact; but if once judicially tryed and acquitted, he never more by Law can be questioned again for that crime, though indeed and in truth he be never so guilty or it, and though it be never so criminous in it self; otherwise there would never be end nor safety: And for the proof thereof I then cited SYERS Case, at the Sessions of the Peace holden at Norwich in the 32 yeer of Queen Elizabeth, and the Judges opinions thereupon, which is notably recorded in Cooks 3 part Institutes chap. 104. of falsifying of Attainders, fol. 230. And my own Case at Oxford, which was to this effect: Being at the Fight at Brainford (which was upon the 12 of Novemb. 1642) taken prisoner in Arms against the King and his party, I was carried captive to Oxford Castle; where not long after my arrivall, the Lord Dunsmore, the Lord Matrevers, the Lord Newark, and the Lord Andover came to the Castle to me from the King, as they said, and proffered me from himself great matters, so I would crave his pardon for the treason I had committed against him, in being in arms against him, and for sake the traitorous Parliament, and return to my obedience (as they called it) to the King: but being then as able in my own thoughts, as any private man in England to argue the equity and Justice of the Parliaments Cause, I was then knowingly ingaged in by the hopes of the performance of their many gallant promises to make people of England free and happy (their then only declared aim and end) and in whose quarrell I would then have laid down a thousand lives, (if I had had them) and for the greatest part of an hour together, by dint of Argument, Edition: current; Page: [6-407] grounded upon Law and Reason; scorning and contemning all their great proffers of Honour, Riches, and Greatnesse, I held them in play so hotly, that they fell ragingly out with me, and gave up their disputing bucklers; threatning to hang me speedily for a grand Traitor, without any more adoe. At which I laughed, and desired their Lordships to tell me which way they would go to work to take away my life, now they had given me quarter.

Well, say they, We have two strings to our bow, And in the first place, we will arraigne you for a Traytor, for being the chief or Generall of the Prentices, that came down to Westminster and White Hall, and forced the House of Peers, and drove away the King from his Parliament; and so begun the Warrs. Unto which I replyed, Alasse; my Lords, you will be far mistaken there. And I cannot but wonder, that your Lordships should so undervalue your own Honours and Reputations, as so much as once now to mention this. Why Sirrair? said one of them. Why, my Lord? Because your Lordships may remember that the 3 of May, 1641. the King caused Warrants to issue out to apprehend me as a Traytor for this very thing, and others depending upon it; and as a traytor I was apprehended by his Messengers, one of which that night kept me prisoner as a Traitor: and the next morning being 4 of May 1641, as a Traytor I was brought by him to White Hall, where, (as I remember) old Sir Henry Vane and Mr. Nicholas were appointed by the King himself to carry my Impeachment to the House of Peers, at whose Bar I that day appeared (not then understanding their Jurisdiction) and was there that day in your way arraigned for my life, and one Littleton the Lord Keepers Kinsman, swore most bitterly against me: but upon further examination of witnesses, and hearing with patience my own Defence for my self, I was by your whole House (who look’d upon themselves as the highest Judicatory in England) honourably and nobly acquitted, as a person innocent and free of the Kings accusation: of which, my Lords, (said I then) let me plainly tell you, if I were guilty, you were a company of unrighteous and unjust Judges for freeing me from that Accusation: but, my Lords, being judicially tryed therefore, and acquitted by your selves, (who, if my memory fail me not, I saw all at that Tryall) and by your whole House (then extraordinary full as ever I saw it) who judge your selves the highest Judicature in England, I am acquitted thereby (my Lords) by the Law of England, from any more question about that businesse, although it should be granted, I was never so guilty of it. Unto which they replyed (to my remembrance) in these words, A pox on you, for a cunning subtill Rogue, are you so cunning in the Law, that we cannot lay hold of you here? but yet for all your parts, we will have you to the gallows, for leavying Warr upon the traiterous commands of the Parliament against the King: And here (said they) wee are sure the Law will reach you. Whereupon I was immediately after laid in irons, and brought to the Bar before the Lord Chief Justice Heath, Sir Thomas Gardned Recorder of London, &c. and by Indictment, according to the rules of the Common Law, arraigned for a traytor for levying War in Oxfordshire against the King. But my Plea to the businesse of Westminster and the Prentices was admitted for good law, That being once judicially tryed and acquitted, I could no more be troubled therefore: neither indeed was I. But according to the punctilioes of the Law, they gave me all the fair play in the world that the Law would allow me, suffering me to say for my self at the Bar what I pleased, releasing me of my close imprisonment and irons, and allowed me pen, ink and paper (which the Jaylor kept from me) upon my pleading before the Judge; such usages being altogether contrary to law: and that no such usages ought to be exercised in the least upon any prisoner whatsoever, Edition: current; Page: [6-408] that was not beastly rude in his imprisonment; and that no supposed Traitor or Felon by law could be put to any pain or torment before conviction.

And truly, Colonel Temple, I should be very sorry, and blush for shame, especially considering my strong zeal in the Parliaments cause, to see the day that the Parliament of England (at least those that so still themselves) that hath pretended so much righteousnesse and justice, should be no more just to the Cavaliers (against whom they have fought for injustice and and oppression) in denying them the benefit of the Law when they are in their power and mercy, then the Kings Judges were to me, and other of your prisoners, when their lives were in their power and mercy; in the hight of War, and of their ranting prosperity, and yet granted us the benefit of Law in all things we claimed it in, as Capt. Vivers of Bansury, arraigned with me, can witnesse as well as myself.

Now Sir, to make application: the Parliament not long since, when in its power it was more abundantly unquestionable then now it is, (after its new force) condemned Capel Hambleton, Holland, &c. to banishment, for the very crimes laid now to their charge; and therefore in Justice, and Law cannot a second time cause them to be adjudged to die for the very same things. Its nothing to me, nor to the Kingdom, for you to say, that when that Judgment pass’d they had so many friends sitting in the House as over-voted the honest Common-wealth’s-men to the prejudice thereof; for the major part is Parliament, or else there is no parliament: Therefore Sir, I reason thus: Either that wherein that Judgment pass’d was a parliament, or no Parliament; if a Parliament, then their judgment (is to themselves especially) was binding, and the benefit of it they ought not to deny to them whose lives are conserved in it; although it were unjust in it self as to the Nation: But if you, or any other man shall say, it was no Parliament, as having forfeited their trust in treating with the King again, and so their Judgment not valid, then with much more confidence say I, this that now sits is no Parliament, and so by consequence, the High Court of Justice no Court of Justice at all? and if so, then to execute them upon their Judgment, is absolute Murder. But I would fain see that honest and valiant man in your House that durst protest against them for no Parliament.

But Sir, besides this, mark the consequence of it to all we Parliamenteers that have acted under you, and by vertue of your commands, by these Proceedings:

First, You have sold the Bishops Lands, and given them that bought them, as they suppose, good security for their quiet enjoyment of their Purchases: I, but within a little while after, part of the very same Parliament alters their mindes, and being become the major part by forcible Purgations, illegall new Recruits, or by any other tricks or devices, and they vote, all those bargains are unjust, and the Purchasers ought to lose both their Land and Money: where is then that stable security of Parliaments? And yet such doings would be as just as your present dealings with CAPEL, &c. whose precedent creates a precedent for that, and much more of the same nature.

But secondly, The same Parliament that condemded Capel &c. to Banishment, pass’d multitudes of Compositions with severall Cavaliers, as guilty of Treason in the true naure of it, as they: And by the same rule you now condemn CAPEL, &c. to die; after you have judged them to banishment, you may adjudge all the compounding Cavileers to be hanged, after you have adjudged them to composition, and so put the Kingdom (by making people desperate) in an everlasting flame that never will have end, because there is no certainty in any of your proceedings, but are as changeable as the mind that bloweth.

Again, Thirdly, and most principally it is a common maxime in Law and Reason, Edition: current; Page: [6-409] both, and so declared by your selves, 1 part Book Declarar. page 281. “That those that shall guide themselves by the judgment of Parliament, ought (what-ever happen) to be secure and free from all account and penalties. But divers honest men (as you now judge them) have acted and guided themselves by the judgment of Parliament, as they account you, in taking away the King’s life; and yet by your dealings with CAPEL, &c. they are liable to be hanged as Traytors therefore, if a major part of your very House, by force, or other illegal Tricks, shall vote that act Treason, and all the Actors therein Traitors: So that, Sir, if I have any judgment in me, by this very single act towards them, you shake the very foundation of the validity of all the Parliaments Decrees and Judgments at once, and “make invalid all the Security and Indemnity that those (in equity) ought to enjoy, that have acted by your commands, and guided themselves by the judgment of Parliament: By means of which you will finde in time, you have demolished your own Bulwarks, and destroyed your own Fences. And for time to come, for my part, I shall be a thousand times more wary how I obey all your Commands, then ever I was in my life; seeing you are so fickle and unstable, that no man knows rationally where to find you, or fixedly to what to hold you.

But if you shall object (as some do) That that judgment of Banishment was onely in reference to the peace with the King, and that being broke, you are absolved from that judgment, and not bound by it.

To which I answer no more but this; That was a Judgment upon seirous and solid debate, of long continuance, at the passing of which you acted as individually, and as independently from the King, as ever you did before or since: and therefore in Law, Justice and Conscience you ought to stand to it, and make it good to the Prisoners concerned in it; especially, considering they desire it.

But having in length outstriped an ordinary epistle, and having much matter remaining, judging it more then time this that I have here writen to you, should come to publick view, (although I perish for so doing) I am forced and necessitated abruptly here to break of; and leave the remaining part for a second part to the same tune, if God spare me life and health, and give opportunity, although I be cut in ten thousand peeces therefore; for if every hair of CROMWEL, FAIRFAX, IRETON, HASLERIG, BRADSHAW, and HARRISONS head, were a Regiment or Legion of armed men, I would by Gods assistance in the present righteous cause in which they have deeply imbarqued me, (by their lawless Cruelty and Tyranny) fear them no more then so many butterflyes or motes in the sun; for behold, God is my salvation, I will trust and not be afraid, for the Lord JEHOVAH is my strength, and my song, he also is (long since) become my Salvation, Isa. 12. 2. Therefore will I sing rejoyce and be merry, for he hath fitted me for all manner of deaths; in inabling me through his strength power and presence, any time this twelve years together to carry my life in my hand, and to be always ever since in readiness at a quarter of an hours warning to lay it down; which I shall as freely doe (as eat) in this just and righteous quarrel; viz. The LIBERTIES Of The Land Of MY Nativities AGAINST The APOSTACIES And Tyrannies Of Her Most PERFIDIOUS And TREACHEROUS Professed FRIENDS, and the holding out of Gods Soveraignty amongst the son of men, as being that one, single, individual alone (either in heaven or earth) that is to raign, rule, govern, and give a law by his will and pleasure to the sons of men; the absolute workmanship of his hands or power; And therefore to thee O CROMWEL, O FAIRFAX, O IRETON, O HASLERIG, &c. in the power, might and strength of the Lord God Omnipotent and Almighty, Edition: current; Page: [6-410] that Raigns and shall Rule for ever and ever; before whom the stoutest Devils in Hell doe quake and tremble; and before whom You are all of you as inconsiderable as motes in the Sun, as the dust of the ballance, on the smallest drop of the bucket: To you, I say, in my present condition, as Shadrach, Meshach and Abednego in their great distresse, (as to the outward man, Dan 3.) said once to your brother Tyrant Nebuchadnezzar; Be it known unto you, that for all your power and worldly greatnesse (with all your armed Jannisaries) that I fear you not, nor am carefull to answer you in the matter in Controveroversie betwixt us; for the God whom (with my soul and body) I serve (with uprightness of heart) is able to deliver me, from the burning fiery fornace, (your cruell close Imprisonment, Banishment, Dungeons, or Death it self) yea, and he will deliver me out of your cruell hands, O (persidious cruel) Tyrants.

But if he will not, Be it known unto you, O (apostatised) Tyrants, that I will not serve you (stoop or submit unto you) nor worship your Idoll or golden Image that you have set up (your Arbitrary power and unlimited greatnesse.)

But least God should give or permit you a larger power over me then he did the Devil over Job to murther me before I can write the second part hereof; therefore I shal now give you the heads of my intentions, and so conclude.

First, From the perplexitie of my spirit with the unjust dealings with Capel, &c. I left Westminster and retired home, resolved in solitarinesse there to abide, where I was grievously tormented with the cryes of poor people who came to me in multitudes for advice in their tedious suits of Law, whose complaints without any hopes of remedy that I could give them, made my house a place of torment to me, which forced me to visit Westminster againe, where

2ly, I heard the certainty of Husons, Whaleys and Major Bartons desperat height at their Councel of War at Whitehall, at or neer upon the 22 of Feb. 1648. to ingage that Councel (vi & armis) to procure by Cromwels means a Law at their pleasure to dispatch me and my honest friends the Whalboneers; which when I examined from friend to friend, and found it to be very true by the attestation of plurality of their own Officers, my spirit was all on fire, (and no Lyon of the Army to me then so full of dread, but I durst incounter with) to consider with my self that all our Liberties and large expectations must Center in this, “That now our lives must be at the absolute wil and pleasure of a company of BLOUDY and INHUMANE Butcherers of men, that had served seven yeers apprentiship to that bloudy and wicked trade of cutting of mens throats for money, and nothing else; who never had kept faith or truth with any sorts of men they dealt with, and yet must now become our Accusers, Prosecuters, Witnesses, Parties, Jury, Judges, and Executioners: At the very thoughts of which I was even confounded in my spirit, and which justly and throughly ingaged me in the chief mannaging of the first and second part of Englands new Chains discovered: The first of which I presented at the Commons Barre, with a speech to it, the 26 Febr. 1648. the second part of which I, &c. had got divers thousands of hands to: the truth of every line of which, (for all its declared treasonable) I will seal with my heart blood; and undertake before a new Representative (TO WHOM I HEREBY AGAIN APPEAL) to prove every charge in it upon my Life. I shall also give the Reasons wherefore I have flown so high, as I have done, which is, because they have thought it just in them to accuse the King, the supreme Magistrate, of Treason; and yet have thought and declared it Treason in me, &c. to goe about the doing of any such thing to Mr. Oliver, that I will maintain it upon my life, more (comperatis comperandis) legally deserves it then ever the King did; And yet though I, &c. trode in the very path Edition: current; Page: [6-411] that they themselves (I mean both Parliament and Army) chalked out unto us: viz. by Petition, (1 part Book Declar. pag. 123, 201, 202, 548, 720. and Armies Book, Declar. page 17, 33, 35, 44, 60, 61. yea, see page 83. and you shall there finde in the fifth Article, they impeached Mr. Hollis, Sir Philip Stapleton, and Mr. Glynn for Traytors, For obstructing and prejudging of publique Petitions to the Parliament; and yet they adjudged and condemned me, &c. for a Traytor therefore, without so much as ever hearing me to speak for my self; and then after they had condemned me, went about at the Kings-Bench-Bar to try me for my life; unto whom, if I stooped, I was sure to be gone, being already prejudged: Again, I shall also acquaint you with the severall Discourses Mr. Holland, Mr. Hunt. &c. had with me about these Businesses, and the large proffers I had from them, yea, and from Mr. Alexander Rigby as the mouth of Sir Henry Mildmay the Grandees Agent, who had Commission (as he said) to proffer Me and my Comrades large places and preferments; so we would sit still, and let the Grandees goe on with their work: Which I with detestation refused at the house doore, the very FORENOON, I was adjudged a Traytor, and thereupon the same day in the Afternoon, the Votes of Treason past against me, &c. and my Second part of Englands New-chains discovered.

And seeing the Businesse of Scroop’s men is wrongfully father’d upon me, who never will incite Souldiers not others to declare upon any thing else but our printed Agreement of the 1. May 1649. and that when they do draw their Swords against their General, &c. they shall throw away their Scabbards, and rather fight with him, then treat with him, without either resolving to give or take Quarter; yet I say, seeing this is put upon my score, I hope I shall evidently make it appear (comparatis comparandis)” That I am able to give 99 in the hundred to any Champion the Generall hath in England, and from Scripture, Law, Reason, and their own Declarations, to make their action appear more just then the Generals severall Rebellions against the Parliament, his Creators, and extraordinary good Benefactors; or his Rebellion and the Parliaments against the King in the late Warrs.

And lastly, I shall shew the falseness and malignity of the late Discoverers designe, of fathering upon me, &c. all the erronious tenents of the poor Diggers at George hill in Surrey, laid down in their late two avowed Books, called, The true Levellers Standard, and The new law of Righteousnesse, to which they have have annexed their names: The Reader; taking notice of which alone, may be an answer to all that abominable lying late Book, called, The Discoverer. And so, Mr. SPEAKER, thanking you for some late kindnesses in your House, I received from you, I take leave to subscribe my self

An honest and true loved, free Englishman; that never
in his life feared a Tyrant, nor loved an Oppressor.

From my close, unjust, and causelesse Captivity, without allowance, (the legall right of all men in my case) in the Tower of London, this

8. of June 1649.

The first yeer of England’s declared Freedom, by the lying and false pretended Conservators thereof, that never intended it.

JOHN LILBURN.

FINIS.

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The Printer to the Reader.

REader, As thou the faults herein dost spy, I pray thee to correct them with thy Pen: The Author is Close-Prisoner, knows not why; And shall have Liberty, but knows not when.

But if he Falls; as he hath Liv’d, he Dies

A faithfull Maryr for Our Liberties.

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Thomas Prince

Prince, Thomas

20 June 1649

[17]

6.17. Thomas Prince, The Silken Independents Snare Broken (London, n.p., 20 June 1649).

Source

Thomas Prince, The Silken Independents Snare Broken. By Thomas Prince, close Prisoner in the Tower. Turning the mischief intended upon him, in Walwyns Wyles, upon the Seven Independent authors thereof, viz. William Kiffin, David Lordell, John Price, Richard Arnald, Edmund Rosier, Henry Foster, Henry Barnet. London, Printed by H.H. for W.L. and are to be sold at the sign of the Blackmore near Bishopgate, 1649. (London, n.p., 20 June 1649).

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THE

SILKEN

INDEPENDENTS

SNARE BROKEN.

By Thomas Prince, close Prisoner in the

TOWER.

TURNING

The mischief intended upon him, in

Walwyns Wyles, upon the Seven Independent

Authors thereof, viz. William Kiffin, David Lordell,

John Price, Richard Arnald, Edmund Rosier,

Henry Foster, Henry Barnet.

Prov. 30. 12, 13

There is a Generation that are pure in their own eies, and

yet is not washed from their filthiness.

There is a Generation: O how lofty are their eies! and

their eie-lids are lifted up.

London, Printed by H.H. for W.L and are to be sold at the sign of the Blackmore

near Bishopgate, 1649.

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THE SILKEN INDEPENDENTS Snare broken, &c.

AFter I had been violently fetch’d out of my bed and house by Souldiers, horse and foot, and had been imprisoned in the Tower above six weeks, for no other cause that I know, but for manifesting my affection to the liberties of my Country; and, with my fellow-Sufferers, had been visited and comforted with abundance of single-hearted Christians, both Men and Women, whose affections I shall ever thankfully remember: After this, upon a suddain, by Order of Parliament, I was deprived, not only of those my Comforters, but of the society of my true Friends, and fellow-Sufferers, and (as they) was made so close a Prisoner, that my Wife and Children were for a time denied to see me. This, considering it was a measure I never look’d for from a Parliament, and from persons for whom I had adventured my estate and life, more then once: This, I conceive, will be soon apprehended to be of a sore and cutting nature; and, I confesse, it did very much oppresse my spirit.

When behold (as the fittest season to adde unto my sorrowfull condition) seven of Job’s Comforters give me a visit, In a slanderous Book, stiled, WALWYNS WILES; and therein present me with a cup of gall and vinegar to drink. I looked upon their names, considered they were men that were most zealous Professours of Religion, that had boasted very much of the Spirit of God, and called themselves Saints, men that I had done Edition: current; Page: [6-416a] all the good I could unto: I wondred and stood amazed to see and reade the horrible falshoods there related, purposely to destroy me and my Friends: So that for a good while I was even confounded, to see how far different this ordering was from all true and reall Christians: This, I thought, might be sutable to Professours, but no way approveable in the School of Christ, by any that make his precepts a rule of their practice. Professing Christians might possibly bear no better fruit: but, I thought practicall Christians throughout the World, would blush to own it.

But when I throughly weighed the men, and this their Communication, I found it no nevv thing for reall-hearted Christians to be scandalized and abused by men that took upon them a meer form of godlinesse (serving God very much with their lips, when their hearts are far from him) having no power thereof in their lives and conversations; and that it hath been the constant practice of such in all ages, as the Scriptures and other Histories do manifestly declare.

Hereupon I left to wonder, that I and my fellow-Sufferers should be thus slandered and abused by these false Teachers, and false Brethren, who call themselves Saints and Christians, but are more like the Jews at this day, who are said to make no scruple of mischieving any that are not of their Synagogue, of their Congregations, or Churches.

But God, I trust, will enable me to cast these seven vipers off, that thus leap’d upon me at an advantage, with intention to sting me to death; and will preserve me, and my Friends, that we shall take no harm at all by their malice, but make them lick up the poyson they have here vomited; and that all men shall see their snare broken, and the harmlesse birds escaped: For if their Wyles be well observed, they at once labour to poyson our good names, and lay snares purposely to entangle us in our answers: but God, in whom I trust, is All sufficient.

In their Epistle, they are pleas’d to say, That they that do look upon Mr Lilburn, and my self, to be simple-headed and simple hearted——It’s well yet, you deny not but Mr Walwyn, and Mr Overton, have plainly, and for many years, seen your juggling and hypocrisie, and only Mr Lilburn and I are simple: You do not say, in what; and if you mean that we were simple in that we did not see your dissembling, and the dissembling of your Faction sooner: Believe it, you are mistaken, for we have both seen it many months, and some years, and told some of the chief of your Faction at least 22 months ago, that you carried on A New England design: That, under pretence of Religion, our Laws, Liberties, and many mens lives, should all lye at your mercy, if once you composed your desires.

You proceed, and say, That although in words we professe, yet in works we deny the interest of England, viz. that the People at Westminster are not a lawfull Parliament, but th’are maintained by the power of the Sword, to over-awe and tyrannize over the free-born People of England; that it is against the Laws of the Land, that there be any Martiall Law in time of Peace, though an Army under pay insinuating, as if we were all in Peace, which we are not likely to be, while such coles of contention are kindled by them; that the design of the House Edition: current; Page: [6-416b] at Westminster, and Councel of State, is, to keep down the People under tyranny and slavery, by an Army (as if it were possible, as the case stands, to settle the Commonwealth without an Army)

As for the interest of England, and just Authority of Parliament, there is no men in England have, or do stand for it more then Mr Lilburn, Mr Walwyn, Mr Overton, and my self, as our actions can plentifully testifie, both before the late Wars, in all the time of War, and since; and if we had not stood for the interest of England, we had not now been in prison, but might have been prefer’d to great Offices; provided, we would have been silent, and not regarded the true interest of England.

It is well known how I have assisted for the preservation of the just interest of Parliaments, both in person and purse, and did engage all the friends that ever I could in their behalf; for when as Committees of Parliament sent unto me at such a time when the Parliament and the affairs of the Nation were in a low condition, and did acquaint me with the urgent necessity; and desired me as I tendred the good of the Nation, to furnish them with the quantity of Cheese and butter according to their Order, and I should be paid at a certain day (within few moneths after:) according to their desire, I did then forthwith deliver unto them to the value of above a thousand pound; which although I delivered it almost seven years agoe, and was promised by the Committee, who did contract with me, that I should be paid part thereof within three moneths, and the remainder within few moneths after; yet to this day the money is un-paid unto me; the want whereof hath been exceeding prejudiciall unto me; I am sure it hath been many hundred-pounds, if not thousand of pounds damage unto me, I dare appeal to the conscience of any rationall trades-man of London, who hath no way of living to maintain himself, his wife, children and family, and to pay all taxes, but his trade; and let him judge what it is for a trades-man to be without all, or most of his estate six or seven years.

Likewise I hearing of the great distresse of our brethren of the City of Gloucester, I used my utmost abilities in their behalf, I engaged one of the first Companies of the Train-bands in London for their relief, which engagement was agreed unto, provided I would goe, which I did, and one of my servants; and at the fight by Newbury (coming from the relief of the City of Glocester) I was much wounded, and was above two years in the Chyrurgions hands, who did take out of my wounds thirty six pieces of bones (many more are broken) and am very often pained therewith exceedingly: my conscience doth witnesse unto men and my actions will testifie, how faithfully I have assisted to my very utmost abilitie, from the beginning of the wars to this day, for the reall preservation of the interest of England, and for the just authority of Parliaments; and am perswaded, if I had served any other Authority in the world with that faithfulnesse I have the Parliament, I should not have been dealt withall as they have done; I am certain, that I never wronged nor abused the just authority; as for those at Westminster, the great Officers of the Army, in whose judgements you acquiesce, they called them a mock Parliament, a mock-power; but when I did so, or called the Men at Westminster—that’s yet to prove.

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The People are so ignorant, they cannot tell, whether they are over awed by the Sword or not, and whether their freedoms are taken away or no; you only know all things, the people are so simple headed, as I, it may be, and cannot tell when they are whipt and pincht; you pinch and cry out who pinches you; I am sure I know who imprisoned me contrary to Law; and who keeps my estate from me: As for Marshall-Law, it is not what Mr. Lilburne and I say, but what the Petition of Right and other good Laws saith, there it is to be found, That Marshall Law is not to be exercised when the Courts are open, no not against enemies although taken in arms; it being very just it should be so; for the tryall by twelve men of the Neighbourhood ought not to be denied to any: Marshall Law ought to be exercised only in times of necessity upon (or close to) an engagement with an enemy, and in cases that will admit of no delay; or, when the Courts are not open: If Marshall Law should continue while an Army is in pay, the Souldier who pretends, and is called forth, to fight for the Freedom of the Nation, is in all that time of service, in a worse condition of bondage a hundred fold, then he was before he was a Souldier; so that while he fights for the liberties of the Nation, he himself is in bondage, being denied the benefit of those Laws he fights to preserve.

Before he was a Souldier, if he had been accused for breach of the Laws, he had liberty to be tryed by his neighbours where the fact was committed; to except against 36 Jury-men, his Jury to be sworn to do justly, it did behove them so to do; for the man that the Jury sits upon one day, may be of the Jury to judge some of them the next day: It is not so in Marshall Law, they are not chosen by the Country: Nor hath the Souldier liberty of exception, or ever to attain to judge any of the Officers; besides, the cruelty of the Articles of War being worse then any Law in the Land, and the Officers are generally both parties and Judges: So that still I say, God blesse Englishmen, and Souldiers too, from such trials, whatever you say.

Marshall Law is somewhat like to the Laws of the Scribes and Pharisees, and to the Laws of the Turks and other Tyrants, who lay heavy burdens upon others backs, but not touch them with their own finger: Is this according to that golden Standard? Do as ye would be done unto; none but Hypocrites will say it is.

Usually, you know, the Asperser is guilty of what he asperseth others withall, You say, Mr Lilburn and I are the hinderers of Peace, when you and your Faction are the great and only hinderers.

The last War had been prevented, and the Nation setled in Peace long ago, if our advice had been taken; but you and your Faction countenanced the breach of engagement with all sorts of people; abusing honest men, as now ye do; courting the KING above measure, one fit;* and said, “That the KING was as Consecrated Corn, and ought not to be cut down by any but by God only: Mr Kiffin kissed the KING’S Hand, and after that, he used his endeavour in perswading people for a Personall Treaty; and to that purpose was Mr Kiffin, Mr Patience, Mr Price, and others of that Faction with a Petition at the Parliament dore; in the next, No more Addresses, endeavouring to close with corrupt interest; by which fraudulent Edition: current; Page: [6-417b] dealing, and extremes, a new War came to passe: But when the chief of your Faction, seeing to what detriment they had brought themselves, by their abusing us, and other good People: how did they weep, and lament, and call upon God! And, O the promises they then made! they would never abuse honest men more! And if God would be but pleased to blesse our joynt endeavours really, what good men would they be; when as no sooner the storm begins to blow over, but honest men were destroyed and abused; which all that have any conscience, cannot deny.

The Councel of Spain, and their Confederates, cried out, that the Prince of Orange, and those that assisted him, were the cause of the troubles in the Netherlands, when as they that did so asperse him were the only cause: It is apparently known to be a truth, that you, and your Faction, are the cause of the troubles of the Nation; you hinder all good Petitions, Agreements, or any thing that tendeth to the setling of the Nation in Peace; whereby the oppression of the Nation, with all the supporters of Tyrannie, might be taken away, and provision for a Representative for the Nation, to be freely and annually chosen; with bounds to them, that they, nor any, shall ever be able to enslave the People any more. These things you are against; neither do you offer any thing that hath any freedom in it; but you are, and have been a long time, willing to joyn with any corrupt interest; as by your crying up the KING and Lords, when you were in hopes they would have joyned with your Faction; Mr Kiffin, and others of you, kiss’d the KING’S Hand, and were for a Personall Treaty; and the Lords by you cried up in your Petitions, to be the High Court of Parliament, and that you would stand by them: Every one that hath but half an eie, may see thereby, how you are to be trusted; Hosanna, to day; and crucifie them, to morrow.

You follow the steps of your Fore-Fathers, who made, as you do, great shows of Religion; the former Factions in our daies did the same; so it was in the daies of Christ and his Apostles, and from age to age, men that would neither do good, nor suffer others; we find it true by you: you will neither suffer us, and other good people, so much as to propose any thing to settle the Nation in Peace, nor do it your selves, but cry out against us with reproaches, as other Factions have done against faithfull men in all times.

As for setling the Nation by an Army, I conceive that it ought to be setled upon Foundations of equity, all the Peoples oppressions and tyranny removed, only just and necessary things laid upon them, the supporters taken away, provision for a constant annuall Parliament freely chosen: this being done, and the Parliament and all Authority so bounded, that they shall never be able to enslave the People more, we should then need but a little Army under pay; yet the Nation be put into a stronger and more united Posture of defence then now it is.

You likewise say, “That we have acknowledged, in our severall Papers, that they are the supreme Authority of the Nation, and yet would tye them to govern by the known Laws; not to alter the Government, viz: to establish a Councel of State; yet have power to take away the Life of the King, and abolish the House of Lords.

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It is true, we have acknowledged the Commons of England the Supreme Authority; and that little number of men at Westminster* we have made our addresses unto; judging of two evils the least, to chuse rather to own a few men, untill a Parliament called by the People (which was promised with all their might speedily to effect) then solely and only to be ruled by the wils of Sword men: yet withall we told them, that the supreme Authority must be used only to a supreme end, the safety of the People; they having no Authority to make us lesse free then they found us: It is well known, the Petition of Right, and many other good Laws, were made before the late troubles, and are still, or ought to be, of Force; the benefit thereof ought not to be denied to any: And if the King, or any man, do offend, it is for breach of a Law, which ought not only to be made just, but published and made known to the People; and by that known Law, both King, and all People, ought to have been tried, and by no other; Parliaments have no Authority from the People, nor by the Law, to be Judges of mens lives; and a Law cannot be said to be broken, untill it be known: You do not sure imagine the Parliament by its supremacy may take away from the People the Petition of Right; or continue Taxes worse then all the pattents, as the Excise; or such things, as caused the War against the KING: if you doe, I am sure I do not; and pray God to blesse England from such a supreme Authority in a Parliament.

The Parliament have authority to take away unjust Courts, and to make the People more free then they found us, but not lesse; the high Commission, Star-Chamber, and Councel-Table were all put down, as being palpably unjust, in that they did examine men upon Interrogatories, imprison men at pleasure; and it was enacted and expected, that the like should never be practised or erected under any other name in England: Yet it is well known, and we do find it, that men are set up called by a new name, which doth act the same things, and worse then ever they did; and yet you would have us not complain, but abuse us if we do. Or, was it unlawfull for the high Commission, Star-Chamber, or Councel-Table, to examine men upon Interrogatories? to set Spies over men, and to imprison People at pleasure? The same being now done by you, is tearmed lawfull: The Riddle, I see, lyes here; it was unlawfull for the Bishops Faction to abuse the People, because some of you, and many of your Friends, were abused: but your Faction being got into their seat, and using the very same practises, and worse; yet this is lawfull, as you account it. Indeed, as simple as you account me, I am not of your mind: neither is any People of that opinion, but those that are for Tyrannie and oppression.

In your Epistle, you likewise say, That the sending of Forces to Ireland is for nothing else but to make way, by the bloud of the Army, to enlarge their territories of Power and Tyrannie; That it is unlawfull War, a cruel bloudy work, to go to destroy the Irish for their consciences (though they had kil’d many thousands for their consciences) and to drive them from their proper, naturall and native Rights; though they have done the like for others, &c. These are your own words, and pray keep them your selves for me; for where have I express’d so much?

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But, as for Ireland, upon a true account it would appear, that I have done more for the relief and good of it, then all or most of you; I am sure, I am some hundreds of pounds the worse for what I have done. As for those murders and cruelties done by any of the Irish, I am against them as much as you, or any men in England can be; yet it’s conceived, there is some of the Irish had no hand in the murders, no more then London, and other Counties of England, have had in the shedding of the late innocent bloud: Shall London, and all places, suffer for the innocent bloud shed in England? No, God forbid! the most of them were against it.

If England were setled, as afore mentioned, the goodnesse of the Government would invite the Irish, with a desire unto it; there would then be some hopes (sending over faithfull men, those who would make conscience of their waies, such as would keep their engagements) that the Irish would soon be reduced; as being willing to change their condition of bondage for freedom, and willingly render the chief Authors and agents in that inhumane butchery up to justice, whereby much innocent bloud might be saved.

Also care ought to be taken, that if when the Irish are overcome, that none of those imployed, do turn the gaining thereof to their own domination; a tast whereof, you know, is exercised in England: for what are we better for all the victories gained this 8 years? Are not the People more burthened then ever? Wise and honest men will acknowledge it.

Julius Cesar had Commission from the Roman people, and the Army under his Command, raised and paid by them, the said Cesar was chief Generall 7 or 8 years; in which time, he obtained against the Peoples enemies, as many, and far greater victories, then have been obtained in all these Wars; and after that, he broke the Authority that gave him Commission, in pieces, set up himself, and turned all the Victories into bondage: Was not he a godly precious man? Did not God own and appear for him? These are your words of some men of our daies; which whether they do not the same things he did, I leave it to wise men to judge.

You say, “That I endeavour to divide the Army, and break it in pieces by jealousies and discontents; and so (in conclusion) to give advantage to the Rebels to invert and overthrow this Land.

You are mistaken in what you charge me: I have assisted the Army to the utmost of my abilities all along, even to the hazard of my life and estate; and I never did any thing that tendeth to make division, but desired they would remember their Engagements to the People, and that the People did not pay them for nothing, nor that they should help any to Lord it over the People; but that they should discharge a good Conscience, and make good their engagements; which is that the people do expect, and which in conscience they are bound to perform without delay: he is the Troubler, that doth not keep his engagements: that which you unjustly accuse me of, you and your Faction are guilty of.

And for keeping out of Rebels, I am not only against any that shall invade the Land from abroad; but I am against all that any waies invade our liberties within the Nation: I am of the same judgment as I told Mr Bradshaw I Edition: current; Page: [6-419a] formerly was, I hate injustice, wheresoever I finde it; and in a Parliament I esteeme it more hatefull, then in the King or Bishops; its a true marke of a Faction in all ages; they disturbe the world to remove one oppressour, that they may get his place, enrich themselves, and over-rule all themselves; and this is so apparently true to be now exercised by you, and your Faction, that few, if any, are ignorant of it; If all authorities whatsoever would bring their actions to the Rule (do as ye would be done unto) as they ought, this Nation had been setled long agoe, and the people eased of the two millions of money which now at least yearly they pay; if this rule had been observed, I had not been (nor my fellow sufferers) in prison. Would Members of Parliament, or any man in Command, be content that others should imprison them, or put them to Death contrary to Law? certainly they would count it hard measure to be so dealt withall.

I am confident no Member of any authority or command, that hath a good conscience, dare do that to any, which he would not have others in the like case to do unto him; it is only Scribes, Pharisees, Hypocrites, that doth or would do otherwise; the woes of Heaven, and the cryes of the oppressed, good people (which God doth hear) are against them; and doubt not, without their speedy amendment of their wayes, they will suddenly fall, and be seen no more, but receive their portion with tyrants, truce-breakers, hypocrites, and robbers of the people.

Pag. 4, You use these words, we have of late observed severall expresses from three of the manifestators so quallified, as if writ by the chief secretary of the prince of slanders: and in the said Page, you acknowledge Mr Lilburne and my selfe, to be two of the manifestators; that which I writ before the manifestation was made, was onely a narrative of the apprehending of me, at or about four a clock, 28 March last in the morning, with a guard of 200 or thereabouts, Horse and Foot; the unjust questions put to me by Mr Bradshaw, and their dealing with me contrary to Law, or Equity, with my answer; it is in Print, and I do avouch it to be true, and I shall leave it to any rationall man to judge, whether I that writ the Narrative, or you that write these untruthes against me, are chief secretaries to the prince of slanders.

You say, Through whose lines, as through a Prison-gate, such a distempered furious railing and raging spirit, doth stare and gaze their sober and judicious Readers in the face, spitting such venome, rancor, and malice, against the most pious, and deserving men of this Nation, that they cannot do such homage to Beelzebub, the prince of such spirits, as to hear the sound of his revengefull and erroneous language, and to waste their time in reading such slanderous Declarations from his infernall court; these are your words.

Who would take it for a high offence if one should say, you are not Saints, as you would faine be esteemed, Godly pretious men; to call a Knave a Knave, if done by me, or my friends, is an un-Christian-like speech, as you call it: but you have a Religion, that suffers your conscience to say any thing, yea, to raile religiously: O be a shamed to mention Religion any more, or leave your bitternesse and hypocrisie; framing of Lyes is nothing with you: the words I then spoke, when I was before the men you call Godly, which since Edition: current; Page: [6-419b] (as I said before) I have writ and published, with all the passages about my Imprisonment, is no scandall but truth; and written by him who ownes no such Master, as the prince of slanders, nor his Court wheresoever it is; and that I did not abuse any Pious and deserving men in this Nation, (I wish all such had their deserts) but I was abused by Hypocrites, Dissemblers, and Apostates, such as your selves, who suggested false things against me.

The word, Court, is much in your mouthes, it seemes you are all turned Courtiers, Noblemen of the stampe, Knights of the new order of the cloven foot: Mr Price I hear is one of the conclave that fits there, and gives oathes of secresie to Spies, and Intelligencers, as Mr Blanke is ready to testifie; and which is another riddle, they proved not his back friend, though he refused the office.

Pag. 6. You say, That the manifestation which we put forth, April 14. 1649. is not the licentious provoking, daringnesse of Lieut. Col. Lilburn’s Pen, nor yet the notorious profanesse of Mr Richard Overton’s Pen; as for Mr Prince, he is a younger brother (lately drawne in) and no farther accomplished in his brethrens art, then in the lesson of conformity unto their proceedings, and conscription unto their oppressours.

You are exceedingly mistaken in these your suggestions, and slanders; I am not a younger brother as you suppose, being antienter then two of my fellow sufferers; and if your meaning be, that I am weak in judgement, and am led by them, or any others, you are mistaken; for although my fellow sufferers, Lieut. Col. John Lilburne, Mr William Walwyn, and Mr Richard Overton, are men that have stood this many years as much as ever men in England ever did, in opposition to Tyrannie wheresoever they have found it; and have endeavoured, to their utmost abilities, even to the hazard of their lives; that the Nation might be setled in peace and safety; that all oppression from the people might be removed; that there may be no complaining in the Land, and this I know, is their desire, and what their conscience binds them unto; to use their abilities for the obtaining thereof: and although they are men that have much wisdome and knowledge, men that truely act things according to a good conscience.

Yet notwithstanding I cannot, nor ever did I see with their eyes, but in every Petition, or any other thing that I joyned with these, or any others, I was first of all convinced, and satisfied in my owne understanding in the justnesse of it, before ever I did assist therein; and this resolution, I shall God willing, follow both with them and all others.

And therefore you are exceedingly mistaken in your snares and suggestions; and where you further said, That Mr Lilburne, Mr Overton and my selfe, had no hand in the framing of the manifestation which we put forth April 14. 1649. but that it was only Mr Walwyn’s pen, and not ours; this is another of your mistakes, or rather of your snares to divide us; for Lieut. Col. John Lilburn, Mr Richard Overton, and my selfe, had each of us our parts also in the framing thereof: I shall not prove so simple headed, as to be caught with such Chaffe; a weake flye would easily break such silly snares and cobwebs: true Spiders worke, and too much of the Serpent.

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Pag. 26. You say, As for Mr Prince, I have no acquaintance at all, but have heard a good report of him: by this your juggling it doth appear you have a conscience to say any thing; first you say, I am chief Secretary to the prince of slanders; and after that you confesse, and say, I know not Mr Prince, but hears good report of him: when the Devill spoke in the Scribes and Pharisees, then he said, we say Christ deals with Beelzebub the prince of Devils (they asperse Christ who was Innocent, with that they were guilty of) but notwithstanding, when the Devill came to speak alone, then he said, know it is Christ (or I have heard a good report of him) when you come with your We; then you term me to be chief secretary to the prince of Devils; when with your I, then, as the Devil did, you can speak the truth; (And although in your paper it is said, I have no acquaintance at al of Mr Prince) yet I know you Mr Kiffin, and have this nine years, and four more of you; and I know your dissimulation, and the snares you lay, to catch and abuse the people, and whose agents you are; and I know and see through your vanity and formes, and your superstition, which you call Religion, your feastings, and rejoyceing after you have done evill: I am not so simple to be caught, or taken by these snares, and cobwebs of yours, or of any faction whatsoever, nor all your allurements, enticements, or threats, imprisonment, or any thing in this world shall ever perswade me to the contrary.

To me your snare, and the snare of your Faction is broken; my conscience is fully convinced of the abomination of your wayes, and if there were no more men in England, or in the world to protest against your wayes and Wiles; which I may truly say are the worst that ever was in this Nation; yet I have, and will do it while breath is in me.

All that have good consciences will fall from you, when once they understand what you intend; I am sure God is against all such hypocrites; and when the eyes of the people are a little more open, they will no longer endure such deceivers as you are, but forsaking your flattering fraudulent Councell, will give eare to honest things; and use their utmost abilities (being bound in conscience thereunto) for the removing of all oppression from the people, and for a just settlement of the Nation; wherein all authority may be so bounded, that they shall never be able to enslave us any more, however, this God willing shall be endeavoured by me, so long as God shall give me life and health; as not knowing which way to manifest any thankfulnesse, more to his praise and glory.

Thomas Prince.

From my close Imprisonment in
the Tower of London,

this 20th. June, 1649.

FINIS.

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William Walwyn

Walwyn, William

June/July 1649

[18]

6.18. William Walwyn, Walwyns Just Defence (London: H. Hils, June/July 1649).

Source

William Walwyn, Walwyns Just Defence Against the Aspersions cast upon him, in A late un-christian Pamphlet entituled, Walwyns Wiles. By William Walwyn, Merchant. London, Printed by H. Hils, for W. Larnar, and are to be sold at the sign of the Blackmore, near Bishops-gate, 1649. (London: H. Hils, June/July 1649).

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Proverbs 12. ver. 6. The words of the wicked are to lie in waite for blood, but the mouth of the upright shall deliver them.

LONDON, Printed by H. Hils, for W. Larnar, and are to be sold at the sign of the Blackmore, near Bishops-gate. M. DC.XLIX.

Walwyns just defence against the Aspersions cast upon him, &c.

I should be glad for the good of humane society, that those seven men whose names are subscribed to the Epistle of that Book, would set down a certain rule, or declare what rule theirs is, wherby in civil Communication, a man may know, when those he keeps company withall are reall; and when deceivers, when they mean as they seem, and when they carry two faces under one hood, which amongst honest men is called double-dealing; and this not so much in respect of themselves, for I have not had much familiarity with any of these seven; but in respect of those from whom they seem to have had their false informations concerning me; there being not one of them that ever reproved me to my face for any thing that I ever said or did, or that ever applied themselves to me with Friends in a Christian way, to shew me wherein I walked erroneously or scandalously: but all they have done or spoken to my disparagement, hath been behind my back; whil’st, wheresoever they met me, they nevertheless saluted me as a Friend: How this kind of behaviour can be justified, I professe I understand not.

And upon what grounds these seven men subscribe this Epistle, I do not apprehend; for, as for Mr Kiffin, I never had an unfriendly Edition: current; Page: [6-423] word or countenance from him; nor from Mr Rosier, but kind respects wherever I met them: for Mr Foster, and Mr Burnet, I know them not by name, nor can’t ghesse who they are: Mr Lordall, and Mr Price have been somewhat shy a good while, about our different judgment for seasons of petitioning; but especially, since at Kingston, before his Excellency, I gave my reasons against the raising of a new Regiment for the Tower of London; proposing the place to be guarded with Citizens, as a means to preserve trade, and the affection of the City to the Army; which I still judge was honest and good councel: but their Friends pursued the contrary, and prevailed; and ever since, these have cast an ill eie upon me, and as I have heard, have reproacht me much behind my back.

And for Mr Arnald, just before the New Model, he groundlesly reported to the Lieutenant Generall Cromwel, that I held correspondence with Oxford, though at the same time I held daily meetings, and intimate Discourse with Mr John Goodwin, Mr Henry Burton, Mr Peters, Mr Hilsly, Mr Lilburn, and others, and continued so after with the best respect; but I could never get so much satisfaction among them for so grosse an injury, as to know his Author, I only was answered, that I saw none of them had an ill thought of me: but since he understood I knew of this his injury to me, he hath ever hated me, and sought to do me mischief, giving out confidently, that I am a Jesuite; and he now fixes his name, I fear, malliciously, to things I am sure it is impossible for him to know or for any man in the world: for what is false hath no essence or reallity; but it is sutable to his practise towards me, and so I wonder not to finde his name there: though at others, I cannot sufficiently wonder:

In the yeer 1646, whilst the army was victorious abroad, through the union and concurrence of conscientious people, of all judgments, and opinions in religion; there brake forth here about London a spirit of persecution; whereby private meetings were molested, & divers pastors of congregations imprisoned, & all threatned; Mr. Edwards, and others, fell foule upon them, with his Gangreen after Gangreen, slander upon slander, to make them odious, and so to fit them for destruction, whether by pretence of law, or open violence he seemed not to regard; and amongst the rest, abused me, which drew from me a whisper in his ear, and some other discourses, tending to my own vindication, and the defence of all conscientious people: and for which had then much Edition: current; Page: [6-424] respect from these very men, that now asperse me themselves, with the very same, and some other like aspertions, as he then did.

Persecution increased in all quarters of the land, sad stories coming dayly from all parts, which at length were by divers of the Churches, my self, and other friends, drawn into a large petition; which I professe was so lamentable, considering the time, that I could hardly read it without tears: and though most of those that are called Anabaptists and Brownists congregations, were for the presenting of it; yet Master Goodwins people, and some other of the Independent Churches being against the season, it was never delivered.

But troubles still increasing, another petition, not so large, was prepared, and at length agreed to by all sorts of conscientious people, that were opposite to persecution: and all this while I was acceptable among them; only some grudgings I perceived in Master John Price, which I imputed to some weakness inclyning to emulation: and all the strife about this petition also, was the season: multitudes with me being for the presenting, and the Independents against it: in conclusion, a finall meeting there was, where before I came was disperst the most shameful assertion of me, that ever was uttered of man: and which did render me so obnoxious to that meeting, that all I spake was construed to the worst; and caused so great a clamour and discontent, that he who had the petition and hands in keeping, rent it in peeces; and so the meeting ended.

Towards the conclusion whereof, Major Robert Cobet pulls me by the arm to speak with me, so I took Master Davis, and Master Antrobus and others with me; and master Cobet told me before them, that one master Husbands a linnen draper in Corn-hill, being at Lieutenant Generalls house, there openly avouched that I was an Atheist and denier of Scriptures, a loose and vitious man, and that abusing my self with a lew’d woman, she puting me in mind of that place of Scripture, that whoremongers and adulterers God would judge, that I should make answer, what do ye tell me of that Idle book?

Telling me withall, that this report was gone all about the town, and was the cause I was so ill resented by the present meeting; I confess, I was amazed to hear this, but whilst he was telling me this foule story, he espies master Husbands, and calls him to us; telling him he was declaring to master Walwyn here, pointing to me, what he heard him declare at the Lieutenant Generalls, says master Edition: current; Page: [6-425] Husbands, I wish you had not spoken of it, for I find it is a mistake, the thing is not true of master Walwyn, it is another; so he suffered himself to be thorowly reproved by those present, and he seemed then to be sorry for it; but aspersions fly faster, then any man can fetch them back, and so did this, to my extream desparagement: and it served their turn at that meeting to blast all the reason I spake, and to destroy that petition:

And those who had made use of this reproach, and so made themselves guilty, as the manner of men is, resolved to disparage me to purpose, and thereupon some leading people of master John Goodwins, set themselves down as a Committee, calling before them, all they could finde had ever conversed with me, to inform whatsoever I had said, that might tend to my disparagement: this is some three yeers since: and so by way of articles, most of the aspersions now in this book, were then collected, which I had continuall notice of as they came in, and who did inform: and who would not, but declared confidently they were perswaded from long and much familiarity, that I was really honest and conscientious; amongst which Mr. Henry Brandriff, Captain Chaplain, Mr. Weekes and others;

Neverthelesse the violent party, as Mr. John Price, and others, would go on with their articles: me thoughts it was a strange work, for a people who called themselves the people of God: but so they did; and at length had possest divers, who formerly had well respected me, that I was a dangerous man and not fit for society; whereupon it was desired by my friends, and agreed unto by theirs, that a meeting should be on both parties; and their articles should be heard, and I have freedom to make my defence, and the place appointed was the Dolphin in Corn-hill, where I and my friends kept our time and continued there, but on their parts none came.

And Mr. Brandriff, my then intimate friend, perswaded me it was not fit, things should come to such a height, that it would make but rejoycing for our enemies; that he was confident, there was no real enmity, but only causes doubts and jealousies, and that if I would but vindicate my judgement concerning the Scriptures, and my owning of them, I should find they had nothing to object against me, and that they and I should be as good and as loving friends as ever.

Whereunto I was very inclinable, as having never born any man a grudge for any injury ever done me, esteeming the doer by wounding his own conscience; to be punished sufficiently; nor do Edition: current; Page: [6-426] I relate these things in way of revenge, but only as to do my self right, and to free my wife and children from the reproach of having so unworthy a husband and Father, and the cause I honour, from having so vile a servant as these would make me, I told him my whisper to Mr. Edwards and my other writings did sufficiently testifie I owned the Scriptures, and he confest it, but yet wisht me to do something particularly, to that end:

About this time upon occasion of Mr. Edwards, writings (I take it) came forth Mr. John Goodwins Haggio-Mastix, wherein to the apprehension of some eminent men: he in effect denied the scriptures to be the word of God, and much discourse, and great complaint there was about it, in so much as Collonel Leighs Committee had it brought before them, where it was my lot to be, when the passage concerning the Scriptures was read openly by one, that amongst others, informed against it: and where it was called a most impious, blasphemous Book, and ordered to be seized, all of them immediatly;

That Committee was of a most persecuting disposition, and dealt most frowardly with divers conscientious people; with whom, and in whose behalf, I continually appeared, as for Mr. Kiffin, Mr. Patience, and many others, I cannot now remember: and Henry, Mr. Overtons man the book-seller, that, as I am told, prints this unchristian book, called, Walwyns Wiles, might remember who it was that gave timely notice of the order for seizing his Master’s Books (for he printed Hagio Mastix) and in thankfulnesse for the courtesie done to his dead Master, might have forborn to have done me such a discourtesie: but it hath been my usuall payment for all my services to that sort of men.

Divers did observe a strange providence, that those who had so scandalized me for a denier of Scriptures, should from a pen, wherein they were all concerned, receive occasion of so great suspicion, and be put themselves upon a work of vindication on his behalf: And though they called it, a Candle to light the Sun (as esteeming it altogether superfluous) yet many still say, it needs to be more cleared.

And hence some of my Friends perswaded me I needed not to publish my Vindication concerning the Scriptures, for satisfaction of those, who had enough to do for their own Vindication: yet because I was willing to stand clear in the sight of all men, I published my Still and soft voyce, against which I never yet heard any objection: And one of Mr Goodwin’s People, namely, Mr Edition: current; Page: [6-427] Davenish, meeting me a few daies after in the Court of Requests, saluted me kindly, and gave me thanks for publishing that Book; I told him, I was glad understanding men approved it, and did hope it would be profitable to the publique: he replyed, it would be so, and that he should make it his rule.

And so a good while after this, I had much respect from many of them, and not an ill look from any: but though Mr Leigh’s Committee extremely perplexed honest people about their private meetings and doctrines, yet did this sort of men that traduce me appear very slenderly in comparison of others, that were thought to be lesse concerned.

In conclusion, that Committee and their Favourers in both Houses grew to so great a height, that the Generality of Congregations, and others, resolved to bear testimony openly against the same, as being contrary to the many Declarations of Parliament, and as doing the very same things they had condemned in the high Commission: and thereupon drew up a Petition, wherein they did parallel all the former practises complained of in the Star Chamber and high Commission, with the present proceedings; which Petition was drawn and debated by many persons chosen purposely thereunto, and indeed was the most serious of any that was presented (which the Author of this Pamphlet, I perceive, tearms sharpnesse and provoking) and imputes it unto me.

This Petition was taken before it was handed, and questioned as a scandalous and seditious paper, and committed to Mr Leigh’s Committee to enquire after the Authors and Promoters; and Mr Lamb, at whose meeting place it was taken, ordered to appear there: this occasioned a very great appearance in the owning of it, by aboundance of consciencious honest people, and that occasioned some discontent in the Committee, which begot the commitment of Major Tulidah, and Mr Tue; and that occasioned another Petition to the House, and that another, untill the last and the first large one were ordered to be burnt by the common Hangman; in all which time of motion and trouble, most of the uppermost Independents stood aloof, and look’d on: whil’st Mr Stasmore, Mr Highland, Mr Davis, Mr Cooper, Mr Thomas Lamb of the Spittle, and very many more, for many weeks continually plied the House.

The Petition is yet to be seen, and is fraught with aboundance of good things, such as I really desired the House would have Edition: current; Page: [6-428] granted; and I think it had been happy for them that burnt it, rather to have granted it, and most happy for the Commonwealth: So that it’s an extreme mistake to imagine, that I, or any that I ever knew, petitioned for such things as we did hope the Parliament would not grant: Indeed, we had cause to doubt they would not, but we conceived they ought, the things being evidently just; and we conceived if they would not, ’twas more then we knew before we ask’d; and we knew it was our duty to ask, and that upon such evidence of reason and equity which that Petition holds forth, as should leave a testimony to the world, that we understood our rights, and did in an humble petitioning way demand them.

But this bustling unkind dealing with Petitioners for many weeks together, and the burning of a Petition so just and necessary, so opened the eies of the people in all places, that it was both grieved and wondred at; all men evidently seeing, that we were likely, though the Common Enemy was vanquished, to be liable to the same, or worse bondage, notwithstanding all the bloud and misery it had cost to be delivered there from.

And when this was discerned, then some of my now Adversaries began to approve of our motions, and they and I began to come a little nearer together, and had joynt meetings and debates; and Mr John Price may, and cannot but remember an evenings journey he and I made into Drury-lane to the Lieutenant Generall, and what satisfaction we received; what aboundance of friendly discourse we had all the way going and comming, and parted in a most kind and cordiall manner; rejoycing on my part, as having no grain of rancour remaining in me, and thought it had been so on his; if it were not, God forgive him.

But the effect was, we all, both his Friends and mine, joyned in a Petition, the last and most sharp of any, as is yet to be seen; wherein he knows was not only his and mine advice, but many others: so that to say, I delight or design provocations to Authority, is a grosse abuse; if there were any, it is, he knows, to be shared amongst he knows whom, as well as us.

And, as unadvised, it is to lay to my charge the opposing of all Authority that ever was: for let them tell me what Authority they opposed not; the Kings and Bishops they cannot deny; and the Parliament and Presbyterian, I think, they will confesse; and truly I never opposed since, except to insist for such just things as were promised, when the Army first disputed, be called an opposition: and such as are not only fix’d in my mind, but in the minds of Edition: current; Page: [6-429] thousands more that then owned the proceedings of the Army, and ventered their lives for them, when these that now revile me, stood aloof, seeing it neither just nor seasonable.

And truly, that they have sate themselves down on this side Jordan, the reason is somewhat too evident, for men that would not be thought men of this world; it is but a promised land, a promised good that I and my Friends seek, it is neither offices, honours nor preferments, it is only promised Freedom, and exemption from burdens for the whole Nation, not only for our selves; we wish them peace, we repine not at any mans honour, preferment or advantage; give us but Common Right, some foundations, some boundaries, some certainty of Law, and a good Government; that now, when there is so high discourse of Freedom, we may be delivered from will, power, and meer arbitrary discretion, and we shall be satisfied: if to insist for this, be to oppose Authority, what a case are we in? Certainly were these men in our case, or were they sensible of the price it hath cost this Nation to purchase Freedom, they would think it deserved more then the meer name thereof.

And how I can be charged to make it my work to divide the Army, I cannot see; I only pursue the establishment of Freedom, and redresse of Grievances, I have ever pursued, and which are not yet obtained; so also have done many in the Army. It is in the Army, as it is between these mens Friends and mine; some content themselves with present enjoyments, others with the Commonwealth at more certainty in the foundations of Freedom; and for my part, I ever most earnestly desired their union, so it were in good, and for that Freedom and good to the Nation for which, I believe, most of them have fought; and if they divide for want of it, they divide them that keep them from it, and not I, that wish with all my heart that cause of division were not.

The Lieutenant Generall well knows (for I visited him often in Drury-lane about that time that Mr Price was there with me) how much I desired the union of the Army; and though it then divided, it was not esteemed a fault in those that separated themselves for good, but blameworthy in those that would not unite, except for evil: So that to unite, or divide, is not the thing; but whether in good, or evil, is the main of all; and by which, my Adversaries and I shall one day be judged, though now they have taken the Chair, and most uncharitably judge me of evil in every thing wherein I move, or but open my mouth.

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And the Lieutenant Generall also knows, upon what grounds I then perswaded him to divide from that Body, to which he was united; that if he did not, it would be his ruine, and the ruine of the Generall, and of all those Worthyes that had preserved us; that if he did do it in time, he should not only preserve himself and them, and all consciencious people, but he should do it without spilling one drop of bloud; professing, that if it were not evident to me that it would be so, I would not perswade him; and that I would undertake to demonstrate to him that it would be so; and so, through God’s goodnesse, and the zeal and affections of these mens now despised Friends, it came to passe: so far was I ever from advising unto bloud: whereas these men would suppose me to be delighted with nothing more then slaughter and confusion.

Well, I had no shew of enmity from them all the time the Army disputed with the Parliament, but they would, divers of them, come home to my house day by day, and sit and discourse friendly, and cheerfully, and seriously, of the present affairs, and refresh themselves in my Garden with that simple entertainment I use unto my Friends; and when they had done, I would bring them on their way, and they as kindly bring me back; and so joy’d was I really with this (as I thought) renewed affection, that I would often say within my self, and to some others, I now see, The falling out of Lovers is the renewing of Love.

Nay, so great a testimony I then had, from my continued Friend Mr Brandriffe, that greater could not be; for it was his lot to discourse with one Major West, a Gentleman, I take it, of Cambridge-shire, who was to have gone for Ireland: this Gentleman told him divers secret things, that rightly ordered, were very usefull at that time: Mr Brandriffe thinks me the fittest man to be acquainted therewith, tels me of it, and brings him to my house, to whom I was not altogether a Stranger, so he opens his breast to me in such things, that as the times were, if I had been base, or false-hearted, might have cost him his life; I say, as the times were: but I proved as Mr Brandriffe had reported me to him, and kept his councel.

Well, very good Friends we were all; and I was by very eminent persons of the Army, sent for to Reading, to be advised withall touching the good of the people, a study my Conscience had much addicted me to; and after this, no jarr appeared amongst us till the Army had past through the City, nor untill the businesse of the Tower aforementioned befell: But then, instead of Arguments Edition: current; Page: [6-431] against mine, and my Friends Reason, aspersions were produced; and then afresh, we were Atheists, Non-Scripturists, jesuites and any thing to render us odious. This, whil’st I remained there, begot a great falling out amongst our Friends and theirs in London; which upon my comming (looking upon it as a thing of very ill consequence) I prevailed for a reconcilement: so far have I ever been from dividing, that I believe all those with whom I have most converst, judge no man more deserves the name of a Reconciler.

But about this time I met with that Gentleman, Major West, in the street, and he looks upon me somewhat ghastly, saying, what are you here? yes, said I, why not? why, saies he, being at my Lord Mayors, you were there said to be the most dangerous, ill-conditioned man alive; that you seek to have the City destroyed; that you would have no Government, and all things common, and drive on dangerous designs: saies I, who is it that avouches this? why, saies he, Henry Brandriffe, who saies, he knows it to be true, and that he hath kept you company these seven years, of purpose to discover you: I professe, I was so astonisht to hear this from Mr Brandriffe, that I had no thought (nor did not then call to mind) how upon intimate intire friendship, he had brought this Mr West to unbosome himself unto me, in a matter of so great concernment; so I past it over, and parted with him.

But in a little ruminating of the strangenesse and horriblenesse of this dealing, the businesse of Major Wests comming to me with Mr Brandriffe, withall circumstances came fresh into my mind; and about a week after, I met with Major West in Bishops-gate-street, and after a salute, askt him, if he had seen Mr Brandriffe: he told me, he had, and that he was of the same mind, and would justifie it, for he had kept me company seven years to discover me: upon this I askt him, whether he did not remember, that Mr Brandriffe (upon pre-discourse) did bring him to my house to discover such and such things to me, as the fittest Friend he had? he answered me, yes: and were they not such things, said I, that if I had been base and deceitfull, might have been much to your prejudice, as the times then were? yes, saies he: said I, did he then know me to be base, and to carry on dangerous designs, and had kept me company seven years to discover me, and would he bring you to discover such things, and to unbosome your self to me? said I, whether was he most false to you, or to me? he makes a stand a little while; truly, saies he, he must be very false and unworthy to Edition: current; Page: [6-432] one of us: So I wisht him to consider, what strange kind of men these were, and how a man might come to know when they meant good faith in their discourse and society amongst men.

This Discourse I have set down thus punctually, because a person of so good credit as this Major West is, is ready, as he told me lately, to avouch this that Mr Brandriffe said of me; and because it is their usuall way to beget credit in the foulest aspersions they cast upon me, by saying, this is certain, I kept him company so long of purpose to discover him, and will rather injure their own conscience then want of belief, for I am confident Mr Brandriffe in all his society with me, had not an ill thought of me; if he did keep me company so long for ill and unworthy ends, to entrap and make the worst of every thing I said (which I cannot believe) he was the more unworthy; and cannot but lament his condition, or any mans else that useth it: I blesse God, I never was a minute in his company, but upon tearms of true hearty love and friendship; nor ever circumvented him, or any man else; nor have used to carry tales, or to make the worst of mens discourses, but have set my house and heart open at all times to honest men, where they have had a most sincere and hearty welcome; and if any have turned my freedom and kindnesse to my prejudice, God forgive them.

Yea, so far hath it been from being my principle, or practice (as the uncharitable Subscribers of the Epistle Dedicatory to this vain Book, infer) to say or do any thing against him whom I thought engaged to destroy me; that both to those of the Kings Party, with whom I had some acquaintance, and those my old and many Friends of the Presbyterian judgment, in all times; I ever spake and advised them what I thought in my conscience was for their good; perswading with all men to place their happinesse so, as it might be consistent with the freedom, peace and prosperity of the Common-wealth; and, I believe, many will acknowledge they have found my councel good, and wish they had taken it; some having since confest, I have told them truth, when they did not believe it; nor can any of them justly say, and I believe will not say, that ever I abated one sillable of my principle of Common Freedom, nor ever discovered a thought to the prejudice of the Parliament or Commonwealth.

But would these men turn their sight inward, and look into their own hearts, there they would find such a latitude of dissimulation, as is hardly to be found in any sort of men pretending to Religion; as may not only appear by these mens fair carriages Edition: current; Page: [6-433] outwardly alwaies to me, and Mr Brandriffe’s strange discovery of himself, but in others also of the same people, as Mr Richard Price the Scrivener, the Author of one of the most notorious false scandals contained in the Book.

My first acquaintance with this Mr Richard Price, was by occasion of our Parish businesses in his trade, and that about our Ward; and after that, about a Remonstrance presented to the Common Councel, in all which I found him ingenuous, and so grew to intimacy with him: this was when Alderman Pennington was Lord Mayor, and before Mr John Goodwin had gathered his Church, or at least, before this Mr Price was a Member of it; and I took so much content in his company, that I brought such as I loved most entirely, acquainted with him.

I, through God’s goodnesse, had long before been established in that part of doctrine (called then, Antinomian) of free justification by Christ alone; and so my heart was at much more ease and freedom, then others, who were entangled with those yokes of bondage, unto which Sermons and Doctrines mixt of Law and Gospel, do subject distressed consciences: upon which point, I was frequent in discourse with him, and he would frequently come home to my house, and took much delight in that company he found there; insomuch, as we fell to practice arms in my Garden: and whither he brought his Friends; and Lords daies, and Fast daies he spent usually with us: As for Fasts then, some circumstances of the times and proceedings considered, neither he nor we were satisfied therein, nor hardly any of those that we called Sectaries (or Antinomians, which was then the beam in the eie) about the Town.

It fell out upon a Fast day in the morning, my Friend and I thought fit to give him a visit, to manifest our joy in his society: so comming to his house, he seemed to be exceeding glad, and hastned abroad with us, and we went at last to Basing-shaw Church, it being where my Lord Mayor was to be, as expecting to hear some excellent man there; being there some time, we found the matter so lamentable, as we were all three weary of it: For the truth is, whosoever is clearly possest with this one Doctrine of Free Justification, hath such a touchstone as presently discovers the least contradiction either in Praiers, or Sermons, and what is gold, silver, drosse, hay or stubble: so we all at once together went away, but so, as we could give no offence to the congregation, being not in the body of the Church; (so that the relaters, in saying Edition: current; Page: [6-434] we had been from Church to Church ) Mr. Cranfords being all we were at before, though he know it hath not been more usuall with any then with themselves, passing to and fro from place to place on the Lords, and Fasts dayes, 4 and 6 of a company spying, watching, and censuring of doctrines (as he that wrote the Book called the Pullpit incendiary, me thinks should be asham’d to seeme ignorant of.

Being come out of the Church, we past the way home-wards; much lamenting the condition of a people under such teachers, being taught scarce any thing to make them either knowing Christians, or good and usefull men; imputing much of the misery of the times to the ignorance or perversnesse of preachers; the greatest part of their time being spent to uphold their interest against Antinomians, Anabaptists, and others, that fell off from their congregations, seldom upon any necessary or usefull doctrine, or if they did, before they had done with it, they contradicted themselves much or little, sufficient to spoil all they had done.

So in short time, we came to my house, where we went on discoursing, from one thing to another, and amongst other things, of the wisdom of the heathen, how wise and able they were in those things, unto which their knowledge did extend; and what pains they took to make men wise, vertuous, and good commonwealths men; how pertinent they were in the things they undertook, to the shame of such Christians, as took upon them to be teachers of others, when they were to seeke in the main principle of their science, with which kinde of discourse, he was very much affected, though it did not appear he had been accustomed to the reading of humane authors; which for twenty yeers before I had been, but I used them alwayes in their due place; being very studious all that time in the Scriptures, and other divine authors, as some of Mr. Perkins works, Mr. Downhams divinity, I had, as it were, without book, also Doctor Halls meditations, and vowes, and his heaven upon earth, and those peeces annexed to Mr. Hookers Ecclesiastical pollicy; hearing, and reading continually; using Seneca, Plutarchs Lives, and Charon of humane wisdom, as things of recreation, wherein I was both pleased, and profited; and truly, I do not see I have cause to repent me of taking liberty in this kinde, having never in my life, I blesse God; made an ill use thereof, amongst which Lucian for his good ends, in discovering the vanity of things in worldly esteem, I like very well, whereof I can read only such as are translated into English; such a wise Jesuite I am, that Edition: current; Page: [6-435] with all my skill, I cannot construe three lines of any Latin author, nor do understand any, except such common proverbs, as are more familiar in Latine then in English, which sometimes I use not to dignifie my selfe, but because of the pertinency of them in some occasions.

For as this author would infer of me, I do not think any man much the wiser for having many languages, or for having more then one, & though I wish I had the Latin, yet I think it not worth that paines, and time, as is commonly spent in learning; and do beleeve, I had been furnisht with it, (for my parents, I thank them, were not wanting) but for the tediousnesse, and impertinency of my teachers; which since I understand, I often blame in them, which is all I have to say against Latin, or any kind of learning; except that part of it, which puffeth up, and makes men scornfull pedants, despisers of unlearned and illitterate men, a humour, if I mistake not puffeth my present Antagonist:

I see wise, and inconsiderate men too, skillfull in languages, and in arts, and science; I have not much to do with them; my care is rightly to understand my self in my native language, being troubled with no other; and of all I chiefly thank these that employ there charity in translation of well meaning authors, which I hope I may read without asking leave of these that through scrupulosity dare not.

Moses was skilfull in all the learning of the Egyptians, which the Scriptures testifie without reproof, and S. Paul certainly read the poets, and was not abasht to recite one of them; and I am certain most of the university men in England, and most of the liberaries are not without all Lucians works, some whereof, as I am informed, are much more offencive to Christianity then these in English.

And why then I might not without blemish read one of his dialogues to this, Mr. Richard Price, I cannot yet perceive? as I take it we read that which is called his tyrant; a discourse, though possibly not in all things justifiable, yet such as he might have made a better use of, being so pointed against ambition, pride and coveteousnesse as he might have been the better for it whilst he lived: as for me I count him a very weak man, that takes harm by reading it or any such like things.

The truth is, for many yeers my books, and teachers were masters in a great measure of me; I durst scarce undertake to judge of the things I either Read, or heard: but having digested that Edition: current; Page: [6-436] unum necessarium, that pearle in the field, free justification by Christ alone; I became master of what I heard, or read, in divinity: and this doctrine working by love; I became also, much more master of my affections, and of what ever I read in humane authors, which I speak not as Glorying in my self, but in the author of that blessed principle; which I did long before, and then (and do still) prize at so inestimable a value; that I was far from any such thought of impious blasphemy, as to say, here is more wit in this (meaning Lucian) then in all the bible: all our discourse was before my wife and children, and my friend, and a maid servant that had dwelt with us then three years, and since hath made them up nine yeers; I dare appeale to them all if ever they heard me value any, or all the Books, or Sermons either, in the world Comparable to the Bible; so as, but that I have since had some experience of the easinesse of Mr. Price his conscience? I should even expire with wonder, at his impudence, and at his uncharitablenesse, that he and his friends, people of a Church, that call themselves Saints, and a people of God, should harbour this wretched slander six yeares amongst them, and be bringing it forth this time, and that time, but finde no time their season but when I was violently taken out of my bed, and house, and made a prisoner: if this be their way of visiting of prisoners, would not it make men think they had forgot the Scriptures; nay, might they not go to the heathens to learn some Charity.

Where is Charity? Where is love? that true Christian love, which covereth a multitude of sins; but that there should be malice, inventive, inveterate malice, in place thereof: certainly were your Church truly a Church of Christs making, it would deserve a heavy Censure.

Our Saviour sends the sluggard to the Ant: the over carefull and distrustfull to the lilies of the field, and may not I send these to heathens, to get some charity?

Mr. Price, I blush not to say, I have been long accustomed to read Montaigns Essaies, an author perhaps youle startle at; nor do I approve of him in all things, but ile read you a peece or two, that will be worth your study; though he be an author scarce so modest as our Lucian.

Speaking in his 12 chap. page. 244. Of Christian religion, he saith thus,

“If this ray of Divinity, did in any sort touch us, it would every where appear: not only our words, but our actions, would bear Edition: current; Page: [6-437] some shew, & lustre of it. Whatsoever should proceed from us, might be seen inlightned, with this noble and matchlesse brightnesse. We should blush for shame that in humane sects, there was never any so factious, what difficulty or strangenesse soever his Doctrine maintained; but would in some sort conform his behaviour, and square his life unto it; whereas so divine and heavenly an institution, never marks Christians but by the tongue: And will you see whether it be so? Compare but our manners unto a Turk, or a Pagan, and we must needs yeild unto them: whereas in respect of our religious superiority, we ought by much, yea, by an incomparable distance outshine them in excellency, And well might a man say, Are they so just, so charitable, and so good, then must they be Christians. All other outward shows, and exteriour appearances, are common to all Religions, as hope, affiance, events, ceremonies, penitence, and Martyrdom; the peculiar badg of our truth should be virtue, as it is the heavenlyest, and most difficult mark, and worthyest production of verity it self: And in his twentieth Chapter, pag: 102. he saies, speaking of the Cannibals, the very words that import lying, falshood, treason, dissimulation, covetousnesse, envy, detraction, and pardon, were never heard of amongst them.”

These, and the like flowers, I think it lawfull to gather out of his Wildernesse, and to give them room in my Garden; yet this worthy Montaign was but a Romish Catholique: yet to observe with what contentment and full swoln joy he recites these cogitations, is wonderfull to consideration: And what now shall I say? Go to this honest Papist, or to these innocent Cannibals, ye Independent Churches, to learn civility, humanity, simplicity of heart; yea, charity and Christianity.

This hath been an old long-rooted slander, and hath therefore cost me thus much labour to stock it up: As for my breach of the Fast, one would think Mr John Goodwin’s playing at Bowls upon a Fast day in the afternoon, a while after this, and which he did not seem to judge a fault, but as it was an offence against the reputation of his faculty, might have stopt these mens mouths in that particular: Nor would I ever have revived the memory of it, but their triumphing thus in slanders against me, deserves their abasement and humiliation.

Of whom this Mr Richard Price receives instruction, I know not; but this is he that with knowledge, if not direction of their Church, undertook to betray the King into the hands of the Governour of Edition: current; Page: [6-438] Alisbury, under pretence of giving up Alisbury unto him, in lieu of Liberty of Conscience (that was the gold upon the bait) and did go, and spake with him; and how many untruths in such a case he was forc’d to utter with confidence, may easily be judg’d; and where he had a rule for this being a Christian, for my part I am to seek; the Apostle thought himself injured, that it was reported, he maintained that evil might be done, that good might come thereof. And since treachery seems so slight a matter, with these Churchmen, I shall make bold to send them again to this Lord Montaign, in his third Book, and first Chapter, pag: 443. he saith thus;

“To whom should not treachery be detestable, when Tiberius refused it on such great interest? One sent him word out of Germany, that if he thought good, Arminius should be made away by poyson; he was the mightyest enemy the Romans had, who had so vilely used them under Varus, and who only impeached the increase of his Dominion in that Country; his answer was, That the People of Rome were accustomed to be revenged on their enemies by open courses, with weapons in hand, not by subtilties, nor in hugger-mugger: thus left he the profitable for the honest, in 447. As for my part (saith Montaign) both my word and my faith are as the rest, pieces of this common body, their best effect is the publique service; that’s ever presupposed with me: But as if one should command me to take charge of the Rols or Records of the Pallace, I would answer, I have no skill in them, or to be a Leader of Pioners; I would say, I am called to a worthier office: Even so, who would go about to employ me not to murther, or poyson? but to lye, betray, or forswear my self, I would tell him, if I have rob’d or stoln any thing from any man, send me rather to the Galleys; for a Gentleman may lawfully speak, as did the Lacedemonians, defeated by Antipater, upon the points of their Agreement: You may impose as heavy burthens, and harmfull taxes upon us, as you please; but you lose your time to command us any shamefull or dishonest thing. Every man should give himself the oath which the Egyptian Kings solemnly and usually presented to their Judges, Not to swerve from their Consciences, what command soevior they should receive from themselves to the contrary. In 448. he saith thus, What is lesse possible for him to do, then what he cannot effect without charge unto his faith.”

It will, I know, be wondred at, that I thus enlarge my self; but these things are so rich and excellent, that I cannot but insist upon Edition: current; Page: [6-439] them, and am in some hope to convert my Adversaries, which hath ever been my aim, equall to my own vindication; for I recite these passages, because I am in love with them, wishing them also of the same mind, for I wish them no worse then I wish to my self: or if I fail of this, yet I am desirous and hopefull to better other men by the things I write.

These are the plainnesses wherein I have ever delighted; so far am I from that politique, crafty, subtil and hidden reservedness, which this Author would perswade the world I abound withall; exercising his wit so exquisitly in decyphering me out to be a man of so large capacity and ability, as for my part I do not believe there is any man in the world so; much lesse my self, who setting aside a little consideration and experience, united to an upright conscience, have nothing to please my self withall: Nor do I much desire those extraordinary parts, which are seldom employed to their right end, being commonly tempted, to serve some Politicians ends; as may be seen rather in the abilities and application of them, in this Author; for he hath drawn such a picture of mans ability, as shews only his own parts in so doing; and applyes them to me, that have no part of them, of purpose to make me vile, lifts me up to the top of the pinacle, that he may cast me down to my greater ruine.

Truly, I never thought a good cause ever needed such workings as he exalts himself (not me) withall: and I dare appeal to those many my Friends, that I daily and hourly converst withall for some years now in publique businesses, whether ever they saw more plainnesse and open-heartednesse in man: Indeed, if I suspected any man inclinable to ensnare me, as these mens practises, made me of late somewhat wary; I had reason to be carefull. And whereas he taxes me of heightening mens discontents, I believe till now, they are pleased (not without particular morsels) none were more apt thereto then themselves: but the world is well amended with them, and every other mans mouth must be stopt on pain of Treason.

I am not more pleased with the former sayings of Montaign, then with what he saies in pag: 449.

“I have therfore placed Epaminondas in the first rank of virtuous men, and now recant it not: unto what a high pitch raised he the consideration of his particular duty? Who never slew man he had vanquished; Who for the invaluable good of restoring his Country her liberty, made it a matter of Conscience to take away any mans Edition: current; Page: [6-440] life, without a due and formall course of Law; and who judged him a bad man (how good a Citizen soever) that amongst his enemies, and in the fury of a battail, spared not his friend, or his honor, to here a mind of a rich composition.”

And truly, I boast not, but these things have long since made so deep impression in me, that I have been extreamly mistaken by those, that gave out, there was a plot amongst us to murther the King, when he was at Hampton Court, and as much these that now start that other as base, of an intention to murther the Lieutenant Generall, they are wayes neither justifiable nor profitable; for where should such courses end, or what could more disparage that side that began it; I wish you would be but as carefull to preserve intirely, the due and formall course of Law to every man, without exception, friend, or foe, as we have been: and though at present you may please your selves with the sufferings of your adversaries (as you fancy them) yet you do therein but tread down your own hedges, and pluck up that Bank that lets in the sea of will, and power, overwhelming your own liberties.

But before I part with this Mr. Richard Price; I have another thing to lay to his charge, and that is; That he should say, I had a hand in that plot where Read, and Sir Basil-brook were in question: in so much as my friends came running to me with tears in their eyes, and all from his unadvised speeches: was this like a friend, with whom you had eaten, and drunk, and discoursed familiarly, and from whom you had taken some small tokens of sincere affection; as the books entituled Luthers Christian liberty, The benefits of Christs death, Freemans meditations, and as I remember; Christs Councell to Loadicea; and since I was so far from retorting this injury upon you, as that after it, I chose rather to convince you by love, and as a testimony of my good respects to you, sent you the Hystory of Thucidides, wherewith I was much delighted, truly I wonder nothing could keep you from bearing me rancour thus long, and to watch this time of any, to slay me with your unjust report.

And truly, upon occasion lately, making my moan of this kinde of usage to one of their own people, that had received extream prejudice against me upon these, & the like false reports, which upon some discourse with a friend of mine first, and afterwards with my friend, and I together, he did professe much greef, for my hard usage; and told me that he did impute most of all this to pride, and emulation, from this Mr. Price, and in that my pen in Petitions Edition: current; Page: [6-441] (which otherwise was his work and trade) was many times accepted, if it be so it is a sad story indeed, his own conscience only knows whether it be so or not.

Yet I cannot but fear most of all the injuryes of this nature I have received, have proceeded from this ground, for otherwise I am certain, I have given no occasion to that Congregation, whereas most of my reproaches come from them. And since I am thus fallen upon Mr. Richard Price, there is yet another of that name of this congregation, and is this Mr. Richard Price his unckle and Mr. Hilleslyes son in law: from this Mr. Price I heard the first aspersion, that ever I heard of my self, and it was thus,

Standing in Cornhill, at a Book-sellers shop, a man comes and looks me very earnestly in my face, I took little regard to it and went away, I was no sooner gone, but sayes he to the Book seller, You are acquainted with all the sparcks in the town; sparcks saies he, the man seemes to be a rational man: but, replied the party, I am told he is a notorious drunkard, and a whore master, and that he painted his face, but I see thats false: whereupon the Book-seller having some knowledge of me, became troubled on my behalf; and fell to be very serious with him, to know his author, and he honestly tells him, naming this Mr. Price a mercer; and the Book-seller soon after tells me the whole story, and the authors name, saying, he had been abused himself with base reports; and a man might be undone by them, and never know it, till t’was too late, and therefore had resolved to hear no evil of any man, but if he could he would learn the author, and tell the party concernd of it: this Book seller is Mr. Peter Cole at the sign of the Printing presse, and I esteem my self obliedged to him, ever since for his plain dealing:

So away went I to this Mr. Price, for I was somewhat troubled having never heard, evil of my self till then: and I found him at Mr. Hilslies, and in a friendly manner made him acquainted, with my businesse; he did not deny but he had spoken as much; and that walking in Westminister hall, he was called from me, and bid beware of me for I was supposed to be a Papist, and a dangerous man: but he had not spoken any evil of me, as beleeving any of it to be true? so I told him he and I had come acquainted upon a very honest businesses about the remonstrance presented to the Common-councel, and therefore why he should suffer such words to passe from him concerning me, I did wonder at it; I told him how with very little enquiry he might soon have been satisfied, that Edition: current; Page: [6-442] I was no such man; askt him if he knew any at Garlick-hill, where I had lived fifteen yeers together, in good and honest repute; and where he ought to have informed himself; and not so unadvisedly to disparage me: he seemed to be sorry for it: so I only desired him to let me know his author, he told me I must excuse him; he might not do it: nor could I ever get him to tell me: so being familiar with my then friend Mr. Brandiff, I askt, whether they had not some rule, or method in their Church, to give a man some satisfaction, that had received palpable injury by a member; come said he I know where abouts you mean; trouble not your self, nobody beleeves it: and this was all I could get in this case: wherein I yet stand injured, and since they are so desirous, more then truth should be beleeved of me: I think it fit this which is certainly true, should be known of their dealing with me.

Nor can any ingenious people now blame me, for being thus open, and particular, since this sort of independents have made thus bold with my good name so long a time, and since it is evident that manifestation dated the 14 of April 1649. Published by my self, and my other three fellow sufferers, that I was willing to have vindicated my self, from those common reproaches, they had asperst me withall without naming or reflecting upon any person, or any sort of men whatsoever, so carefull have I ever been, as much as in me is to have peace with all men; bearing, and forbearing to my own losse, rather then I would return evil for evil. But their malice breaking thus fouly out upon me, in this vile book; I should be unjust to my self, if I should not do my best endeavour to manifest so detestable falsenesse, uttered to so bad an end, in so unseemly a time (the time of my affliction) which I shall do with as much truth, as I can remember, professing withall from my very heart, and conscience, that I take no more pleasure in doing of it, then I should do in gathering up, and throwing away Snakes, and Vermin scattered in my Garden; and do wish with all my soul they had not necessitated me, nor my other fellow-prisoners, to have exceeded our joynt Manifestation; but that we might all have been good friends thereupon.

In which Manifestation, is to be seen all our very hearts, and wherein all our four heads, and hands were nigh equally employed, though this capritious author (Mr. John Price, its said) be pleased to suppose me to be all in all therein; yet I must, and truly professe the contrary: and must be bold to tell them, where my friend Lieutenent Collonel John Lillburn, appeares otherwise in any of his Edition: current; Page: [6-443] writings; I do not impute it to passion, as his adversaries politiquely are accustomed; to take weak people off from the consideration of what he says: but unto his zeal against that injustice, cruelty, hypocrisies arrogancy, and flattery, which he hath found amongst a sort of men, from whom of any men in the world, he expected the contrary virtues; being otherwise to my knowledge, and upon experience, a very lamb in conversation; and whom goodnesse, and love, and piety, justice, and compassion, shall as soon melt, and that into tears (I hope he will pardon my blabbing) as any man in the world: but he hates all kinde of basenesse, with a perfect hatred: especially that of ingratitude, which he hath found, I have heard him say, so exceeding all measure, in some of the subscribers of this pamphlet, that it loathes him to think of it.

And as for my friend, Mr. Prince, whom this self-conceited author, would make so weak in judgment, as to have no abillity towards such a work; it is his unhappinesse to be so exceedingly mistaken; yet I must tell him, he hath given him so true a character, for honesty, and sincerity of heart, towards the publick, which in my esteem, doth more commend him, then if he had attributed to him, all those parts & abilities, he falsly, and for an ill end, doth unto me: lifting me up to heaven, that he might cast me down to hell: making me an Angel, that he might make me a Devil: which parts are more abounding in himself, as is to be seen in this his unhappy Book, and for which he will one day sigh and groan, except he make a better use of them.

But Mr. John Price, Mr. Prince hath not a congregation to cry up his parts; amongst whom there is such a humor of flattery, as is not to be found the like again amongst any sort of men; Oh such a Sermon, such a discourse, such arguments, as never was heard of; when oftentimes ’tis meer lamp work, and ink horn termes; such as the three first yeers in the University; or the first yeer of a sound consideration, with a sincere conscience, would be ashamed of. But were Mr. Prince of one of your congregation, & had but run with the stream, and turned with the times, as most of you have done; could he but have changed his principles with his condition; would he (as he was tempted by some of you) have belyed his friends, & betrayed his cause, Oh what a man of parts Mr. Prince had been; what could Mr. Prince have wanted, that those men had to give: but to their shame, let them know, Mr. Prince values the integrity of his conscience above his life, or any thing in this world; and for which he deserveth the love of all sound hearted men.

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But Mr. John Price, you that make it so strange a thing for any man, to own in the substance, what another hath penn’d; there is a book with Mr. John Prices name at it, of no long date; and the subject of it is about the King-ship of the People: to me it seems not to be the stile of Mr. John Price: I am against examining you, upon questions against your self; but there are (Knaves and Fools in Folio, a book so called) that seems to claim kindred of Mr. John Price in that peice; and if you be but a God-father; (and it be now against your judgement to be such) yet since the childe beares your name, and tis a pretty handsome one, be not ashamed still to own it; but if you be, the childe shall not want, I’le undertake to finde the right Father: so much for Mr. Prince.

And for the complexion of my Friend Mr Overtons pen, truly it commonly carries so much truth and reason in it, though sometimes in a Comick, and otherwhiles in a Satyrick stile, that I do not wonder you shun its acquaintance; and you did wisely by this touch and glance, think to passe him by without provoking of him: But look to your selves, and say, I gave you lawfull warning; for he, I assure ye, knows when, and when not, to answer such as you according to your folly: And truly, but that it is against the nature of impudence to blush, the complexion of the pen engaged in this your unseemly discourse, might well turn Cowler, in correction of his: but he is old enough, let him answer for himself,

But why come their lines from them, as through a Prison-gate, Mr Price? Are Prisons, in your Divinity, such ominous things? The Primitive Christians, and the Martyrs in Queen Maries daies, did not esteem them so. But it seems your Congregation is of a near relation to those that hold prosperity a mark of the true Church; and it will be good for those amongst you, that are yet sincere in their Consciences, in time to consider it, and to enquire amongst all those Churches the Apostles wrote to, where they find a Warrant for such slanderous and backbiting practises as you are accustomed unto, licking up the very foam and dregs of Mr Edwards his Gangrena; yea, your own vomit and poyson which then you cast out upon him.

But, I confesses you have notable waies to escape imprisonments; you can be for a Kingly Government, and publish to all the world, that Kings are, as the Consecrated Corn, not to be reapt by any humane sickle; and when occasion serves, you can change your copy, and say, you are not bound to declare why your judgment altered: But pray, Mr Goodwin, are you not bound to undeceive Edition: current; Page: [6-445] those whom by your errour you deceived, as soon as you saw your errour? Sometime your strength is not in an arm of flesh, nor in the power of the Sword, but you no sooner get, as you think, the least hold of it, but the power of the Sword is then the power of God, and then the Saints (meaning no body but your selves) must judge and rule the earth. Indeed Friends, you manifest to all the world, that your waies are the waies rather to good Offices and Benefices too (for else, why are ye now so high for tyths, that some years since were so much against them?) and led to honours, and preferments, and greetings in the market places, rather then to prisons.

Yet are ye furnisht with waies enough to send other men thither; you have one way, is called, Ah Lord! we thank thee we are not as other men: A way to make them first odious, by vindicating your selves in those things whereof no man suspected you, that others might be thought guilty; as you endeavoured by your Declaration, wherein you vindicated your selves from being against Magistracy, or liberty of Conscience, nor for Poligamy, or Community; and this in a time when you had freshly & falsely asperst us, to be opposite to you in all these, purposely to get your Guard into the Tower: and for your abatement, it will not be amisse to let you know how a weak woman answered your strength spent in this elaborate Declaration, at first and in the reading of it; but it was my Wife, and she having been (as you will have it) a Jesuit’s wife this two and twenty years, may have more wit then ordinary.

Saies she, They against Magistracy? Who can suspect them, that hunt and seek for Offices as they do? (now I am sure the City and Customehouse will cry, probatum est); and where you argued your selves to be for liberty of Conscience, saies she, Who have more need? I am sure none use so great a liberty, to raise such vile and false reports as they do (for she hears all you say of me, and about that time, that some of your tribe should report I used her very hardly, and used to beat her; whereas we both know and believe in our consciences, never two in the world lived more comfortably together then we have done, nor have more delighted in one another. And where you declared, you did not hold it lawfull to have more Wives then one, saies she, They that keep their Wives at such a rate as they do, had not need to have more then one apeice, they will find one enough: And where you declared, that you were not for to have all things common, saies she, No, I warrant you they know well enough how to hold their Edition: current; Page: [6-446] own: are not some of them Usurers? And you know it to be true: but if you deny it, we will find you for this also a probatum; and thus was your mighty Sisera struck through the temples by the hand of a silly Woman: The truth is, ye overween your selves exceedingly, because ye are a little skilfull in talking and writing: But why went ye not on boasting? ye were no hypocrites, no slanderers, no backbiters, no envious, malicious persons, no spies or intelligencers, no covetous or ambitious persons, no hard-hearted or cruell persons: truly you took the better way to vindicate your selves of those things only, that no men accused you of.

Another way ye have to get men into prison, by suggesting fears and jealousies of them into the minds of such as are in power and authority; playing the pick-thanks by such unworthy and uncharitable courses; buzzing continually in their ears, that we drive on dangerous designs; that we are Atheists, Jesuits, and the like, which hath been your common practice: insomuch, as being with Collonel Martin, and another Gentleman, about a month before I was made Prisoner, at Lieutenant Generall Cromwels; and amongst other discourse, wondering why he should suffer me continually at his table to be reproacht, as if I were a Jesuit, and a man of dangerous principles; whereas none in the world could have more testimony of any man to the contrary, then he had of me; and why he did not vindicate me, when he heard me so abused: he told me, that he could not believe those scandals, that he had profest often and again he could not, but they were brought continually to them by Citizens, that were esteemed honest godly men: And truly I do believe in my Conscience, we never had been thus dealt withall as we are, but by your reports; and that we are prisoners more by your occasion then any other.

And what a way did Mr Kiffin, & his Associates, find out as soon as we were in, to rivet us in, with a Petition somewhat like your forementioned Declaration? the scope thereof being truly Pharisaicall: Another, Lord, we thank thee, we are not as other men, &c. Nor as these Publicans. No Anabaptists of Munster (defiling their own nest, as supposing that lying story of that injured people true) and praying the Parliament to be carefull to suppresse all prophanenesse and licenciousnesse: as if we had been such a people: But so justly did this mischief (intended on us) turn on their own heads, that most of their own people abhorred the practice, as Un-Christian; and Mr Thomas Lamb of the Spittle, offered to prove the promoters of it guilty of injustice, arrogance, Edition: current; Page: [6-447] flattery and cruelty, and to give them a meeting to that purpose; but sure they were asham’d, and durst not, for none of them would undertake him.

Besides these waies of holding Prisoners fast, my back-friend, Mr Arnald, hath a way of going from house to house, to discover matter (there being none at all in these very mens opinions of me) For they all conclude, England’s New Chains, to be none of my indicting: I wonder why then they did not petition, or move for my enlargement. No, besides that I am not of their Church; ’twas good holding a man so hardly to be catcht, that needed horse and foot to catch and fetch him out of his bed: And therfore this Mr Arnald also sends Spies to ensnare and entrap us in our discourse: and for encouragement to those he sends, that they may not scruple, but think they do God good service therein; he professes continually, I am a Jesuit: And now, I believe, finding his errour (for it’s very easily found) he dreads my releasment, as believing I may have remedy at Law for so destructive a slander: and therfore hath thought even to overwhelm me with this floud of aspersions, that I should not possibly escape drowning. But the man’s mistaken, and so are his Abettors and Associates; ’tis but a Vision, a false fantastick apparition; they are all Nothings, meer falsnesses, Serpents of Magicians making, the meer works of a malicious imagination, that by crosse working, forcing and wresting of words and sentences, and by fames and opinions, hath made a kind of crawling thing, that might possibly serve to fright Children, or to please a Church that would go a wool-gathering for a miracle, to confirm its reallity: But truth, which is Moses his Serpent, you shall see will eat them up, and devour them all: Many of them, if you well consider what you have here and elswhere read, being consumed already.

That which remains in generall, is, that I aim at the destroying of Religion, and at the subversion of all Government: But why should I do either? Where’s the advantage? I have alwaies professd the contrary, and ever practised the contrary; as those that reade my Whisper to Mr Edwards, and my still and soft voyce, forementioned, will easily believe. And I begge and intreat both young and old to reade them, before they give sentence in their own hearts of me, that I should be so irreligious, as to utter such profane language concerning the Book of Psalms, or Proverbs, or that horrid expression of the Book of Canticles, as that it was nothing else but one of Salomons Epiphonemaes: a word that I Edition: current; Page: [6-448] never spake, nor yet know well how to pronounce, nor ever did apply the meaning of it to so vile an end (speak the rest, whoso will for me) and if the Author had had any modesty or Religion in him, however it had come into his thought, he would have silenc’d it, rather then such blasphemy should be seen in print; I abhor the words should be in any of my papers; having never entred my thought, or past my lips.

As true, likewise, are all the other unworthy passages in the 9 and 10 pages of that shamelesse book; they have been all malicious snatchings and gatherings from some officious tongues, at third, fourth or tenth hand; there being nothing but mistakes and misapplications in all of them, contrary to my judgment, or any thing ever intended by me, in my discourse of any of those subjects: And to shew some palpable token, that they are meer malicious smatterings, I appeal to all that know me, whether ever I were heard to commend Plutarch’s Morals to any mans reading; it being a Book, that although I have had above these twenty years, yet I am certain, I never read forty hours therein; though I somewhat blame my self for my neglect, it being so generally commended by wise and judicious men: yet I could never perswade my self to take the pains in reading of it, it being somewhat too tedious for my expectation. And as for Cicero’s Orations, I never had it, have only seen it; and (though very unadvisedly, as I was lately told by one whose judgment I love) am somewhat prejudiced against his writings, as esteeming him a verball and vain-glorious Writer.

I have, indeed, bemoaned the breeding of the Youth of this Nation, as being bred so, as to be artificiall and crafty, rather then truly wise and honest, to be Sophisters, and Pedantick Disputers, and Wranglers about words then of solid judgment: but as for feats of activity, it’s a light expression, to be applyed rather to tumblers, and the like, then to be a part of Childrens breeding; and for Geometry, there may be much in it, and of use: but I have not so much skill in it, as that I could make it matter for my commendation. So that these Intelligencers being engaged in evil designs, and knowing themselves guilty, are confused in their thoughts, their consciences ever flying in their faces; and so they hear otherwise then is uttered, and report different from what they hear, and so prove by a just providence destructive to those that employ them; and it were pity an ill end should be better served.

In the 11 page, because he would not want matter to disparage, he puls in I know not who, that, forsooth, must be of my acquaintance, Edition: current; Page: [6-449] and speaking absurd profane language, concerning things heavenly, and of God; that I professe I do not think any man in the world would utter, nor think them fit to be repeated, much lesse printed, to save a life: whereas this unhappy Author puts them in a particular character, lest they should passe unobserved; and that not to save, but to destroy me and mine: Who this should be, I cannot ghesse; but it seems, it is a man of parts, possibly, for to have made him an Intelligencer: if so you have given him your reward, slander him, and let him go; and ’tis well he scapes so, as the world goes.

For there are uses for Spies and Intelligencers, that few men dream of, and Mr John Price, and Mr Goodwin, and Mr Lavander, knows of the making of them, their instructions and oaths of employment and secrecy; an office and institution we never read of in all the New Testament: but what wonder if their practice be point-Blanck against the Scriptures, whose structure is not built upon (but borrowed, or rather forc’d upon) that golden foundation?

As for the next passage in the 11 page, that I should affirm the Scriptures to be, and not to be the Word of God; it is such a double way of expression, as I dislike in all men, and avoyd it in all my writings or discourse: but for this, or any thing relating to the Scriptures, I refer the honest-hearted Reader to my still and soft voyce.

And that I should perswade that Gentlewoman next mentioned, to ruine her self, is as false as ever was spoken, as her Husband, her Sisters, her Friend that was continually with her, her Servants and Children, I am confident are all ready to testifie, and some of them I am certain will witnesse, that I used my utmost skill to disswade her, and did manifest as much grief for her, as I never did more for any, except a Child I had, to whom she was Godmother, for she was my true Friend, and her Husband hath for these twelve years (as I have cause to believe) held me as dear to him as any Friend, and so hath continued to the time I came into prison; and her sister that hath been in the most extreme affliction for her, hath yet shewed so much respect to me (with the Gentlewoman that was alwaies with my distressed Friend) as to give me a visit in this my imprisonment, and so also hath two of her Sons: these are truths, and will be believed by all that truly knew both her and me; though Mr Goodwins whole Church should swear the contrary; and from whom she deserved a better regard. I am sorry their hate Edition: current; Page: [6-450] to me should awake the remembrance of that sad disaster from sleep, where it ought to have rested; she being very religious after the way of Mr Simpson of Allhallowe’s Thames-street, and no admirer of Mr John Goodwin: Insomuch as it was said to her, in her greatest extremity of pain in her head (the greatest, in my apprehension, and most continued, that ever was felt) you have a wise Religion, that cannot bear with a pain in your head: his profession that said it, required another remedy; but as he exceeded in his tongue, he was as short in his brain and hand: Not only she, but her Husband to this hour, being much distrest through such comforters: and it were well some skilfull man would administer some matter to cure the man of his vain-glory, and flashing self conceitednesse, with which he abounds to the destruction of some native goodnesse, & acquired parts; which would otherwise commend him: I could not be more particular in this story, lest I should grieve my friends, who I know cannot but desire this were buried in oblivion.

As false also is that other passage, concerning King James, and King David: it having never been my manner, to use such opprobrious language towards any men; much lesse towards persons of such Eminency; but Generally reproove it.

I have from a serious consideration of Davids offences, and Gods passing them by, and not rejecting of him for them; observed a different way from God, in those of our times, that call themselves Saints, and would be esteemed his nearest servants; for if any man be overtaken in a fault; they are so far from restoring such a one by the spirit of meeknesse: or, reproving him privatly, or by love, as Gods way is; passing by multitudes of sins, and failings; that they make it their meat and drink, yea, they hunger, and thirst after evil reports; yea, send out into the high-wayes, and hedges, and as it were compell men to come in to witnesses and article, against men too, that have hazarded their lives for their good: and with whom they have frequently, familiarly, and intimately conversed; never reproveing them in their lives to their faces: and keep things in boxes, three, four, six, yeers together, watching a season to divulge them to their ruin: as now in mine, & my friends cases.

They that are now advocates for David, if David lived in our dayes, and had not favoured Mr. Goodwins Church-way, and had been guilty of the matter with Bathsheba, and Uriah, where should David have found a place to have hid himself, who amongst them; Edition: current; Page: [6-451] (according to their present rule with us) would have pleaded for him? nay, had not Davids wiles (pardon the expression) been published in words at length, and not in figures: yet possibly (nay probably) Davids being King had altered the case with these men; especially, if he were supream in power: for they are ever carefull to row with, or not long against the tide: but what (think you) would they not give that they had such matter against me, that make so much to gather up false reports against me; what society should I keep; who would own me, no marvail? now I see, that David being put to his choice; chose rather to fall into the hands of God, then into the hands of men: for with him there is mercy, his mercies are over all his works; he delighteth in shewing mercy, he considers that we are but dust: and putteth away our sins out of his remembrance; as far as the East is from the West: whereas the mercies of men are cruelties: although I cannot so experimentally say it, of any other sort of men, as of these; for I have found the contrary from so many other sorts of people, upon divers of my particular occasions, that I have wondered to consider the difference.

For the next slander: that I should speak so slightly, of the sin against the holy Ghost; this I heard they have asperst me withall above these three yeers: and I have considered it seriously, and can professes with a sincere conscience, that I do not know that I ever uttered a syllable towards it: sure I am it never entred into my heart: nor could I, till now I see it in their book, learn, to what woman they charged me to have spoken it: but yet, because I ghessed, they might mean the gentle-woman forementioned, she being well known to them: I have told her of the assertion; and desired seriously if she could call to minde, whither ever any such unadvised speech had past from me to her; as I might meete her, and in a friendly manner chide her for not visiting my wife: and she hath very often solemnly protested, she could not for her life remember, that I did ever speake any thing towards it, and truly, if I had known any such thing by my self, though it had been never so unserious, I should have taken the shame of it to my self; and have manifested my sorrow for it, as not in the least justifying a carelesnes in things of so high a nature: and do fear, they come neer to scoffing, that dare thus liberally publish in print, expressions so unsutable to so divine a subject, for they may remain upon a readers mind, to prejudice, longer then he would have them.

And concerning the next slander; I might blame her for her Edition: current; Page: [6-452] sadnesse, and fear, which sometimes she would expresses as being contrary to the principle, of that love of God, she would constantly professe, to have assurance of: urging frequently that place, which saith, we have not received the spirit of bondage to fear any more; but the spirit of adoption whereby we cry, Abba, Father, and have boldnesse to the throne of Grace, and the like; but that I ever discouraged her in the hearing of Mr. Simpson; or in the wayes of religion, I utterly deny.

And being thus, as thus in truth it is, and no otherwise in all the particulars forementioned, let all impartiall, and judicious people judge, whether it had not been more for the honour of God, the Scriptures and Religion; that this authour; his assotiats subscribers, his abetters, and confederates; to have received in good part our clear manifestation; wherein we justly vindicated our selves in generall, from those aspersions that causlesly were cast upon us; without naming any person, or persons, as authors thereof, or reflecting, with the least rancour upon any condition of men; as being willing, if possible, to have buried for ever, all former unkindnesses, and evill offices done to any of us in this kinde: and as far as in us was to have renewed our former friendship with those, in whom we had formerly delighted, or at least to have expelled that enmity, which we knew was exceedingly prejudiciall to the Common-wealth: I say, had it not been much more Christian-like; then to have set their brains, and credits thus upon the tenters (stretching them past the staple that they will never in again) and to put upon record, so many unseemly expressions, as if they gladly took occasion through my sides, & friends, to give Religion, the scriptures, yea, God himself were it possible a deadly wound: for such I fear will be the effect; whither throw their malice, or indiscretion, or both, I leave to judgment: and for what cause, at best; but only to render me and my friends odious, to discredit us in the things we undertook for the publick.

And then to cry out of violence in some mens writings, and yet to abound, as here they do, with such new invented invectives, and provoking language, as is hardly to be parallel’d: Cheef secretaries of the Prince of slander: this English man-hunter, this wretch: this wretched man Walwyn: this worthy Champion: the venison, which his soul doth so sorely long for: as the serpent, that deceived our first Parents: this factor for the Region of Darknesse, these Jesuiticall-whistllers: this artificiall impostor, ill his Satan-like work: Good God, where is the cause, what hath moved them to this high Edition: current; Page: [6-453] flown mallice, these bumbaste poetick raptures, fit rather for stagers, then Preachers, for swaggerers, then Saints, (oh, but it must not be so taken; it must be esteemed their zeal, their Jehu-like affection to God, and his truth; yea, come see our zeal (say they in effect) which we have for God): why, be it so, O Jehu, yet what’s the cause?

The cause; why, heers Walwyn with his Wiles will overturn, destroy, and overthrow all Religion; and the Scriptures themselves? sure its not possible? no, have you ever heard such things uttered by man, as is recited in Walwyns Wiles? no, but he denies them to be true; gives reasons here; and refers to his Whisper: and other writings: and particularly to his still, and soft voice: and those are extant, and to be seen; and surely if he intend to destroy Religion, to publish such things as these is not the way; besides, uttered by one, that you your selves say is wary, and sober, and discreet. But I pray, friends what a religion is yours, that fears the breath of one man should overthrow it? what? is it built upon the sand? if so, you may doubt indeed; but if upon a rock? let the winds blow, and the waves too beat; what need you fear? sure your faith is built but upon Reason; look to it; some say it is your tenent; if so, you had need indeed to bestir your selves, for you finde he is a rationall man, and thats a shew’d thing; against Diana of the Ephesians, though all Asia, & the world worship her: if your Churches have but an imaginary foundation then indeed you had need betake your selves to Demetrius his Arguments; and to tell all men these Walwynites every where, turn the world upside down; breathing strange, and unwelcome doctrines, such as your Churches and people cannot bear.

And so it seems, indeed they do, as these authors Complain in the latter part of their 13 pag. where they say, I am ever harping upon the hard-heartednes and uncharitablenes of professors; and those that are religious men, how grinding they are in bargines: how pennurious: base, and backward in works of charity, and mercy, how undermining, and over-reaching they are in buying, in selling; how having and craving in the things of this life, how hardly any work of mercy, and charity comes from them; how they let their brethren starve, and dy, and perish, rather then help them; and how bountifull, free, and liberall the very heathens have been and how beneficiall even Papists, and many that do not so much as pretend to religion are to the poor; and Herein (he confesseth) I speake too true: yet immediately calls me devil for my labour Edition: current; Page: [6-454] (they pay their Pastors better, I beleeve, for worse doctrine).

But why devil? Why, say they, for speaking truth to wound, and destroy it; but say I, who art thou, O man, that judgest another mans Conscience, forbear the chair a while, & it may be the chair of the scornful: for God and my own conscience knows, I never yet in my life spake, or uttered one of these truthes but to the end the Scriptures warrant.

But they go further, and say, by doing thus, I cunningly insinuate into the discreet, and beget a disparagement of that that is called Religion amongst them. page the 14.

This is very observable: for by this expression, all men shall easily understand the ground of their quarrell against me: if they can but finde out, what it is that is called Religion amongst them: do not these men call such a thing Religion; as the Pharises did; Ile deal so kindly with them, yet; as to leave the comparing the one with the other to themselves: only, ’twas much in words, and to be seen of men: both which our Saviour reproves: and both by example, and precept invites to practice; possitively concluding, that not he that saith Lord, Lord, shall enter into the kingdom, but he that doth the will of my father which is in heaven: requireth, That our light so shine forth before men, that they, seeing our good works, may glorifie our heavenly father and at the last day, he will say unto those on his right hand, Come ye blessed of my Father, receive the kingdom prepared for you; for when I was an hungry, ye fed me, naked, ye clothed me; sick and in prison, and ye visited me; in as much as ye have done it unto these, ye had done it unto me: when to others, (that yet have to say, Lord we have prophesied, and done many great things in thy name) he will say; Away from me ye workers of iniquity, I know ye not, for when I was hungry, ye fed me not: naked, ye clothed me not; sick and in prison, and ye visited me not; inasmuch as ye did it not unto these, ye did it not unto me.

And if now to invite to these, and to reprove the want thereof, be, to be a Devil, truly I’ll bear it, and rejoyce that I am accounted worthy to suffer reproach for this cause of Christ: I am sure the Apostle Paul (that abounded with reall, not pretended gifts, or acquisitions rather) boasted not of them; but proclaims to all the world, that though he spake with the tongues of men and Angels, and have no Charity, that he was but as sounding brasse, or a tinkling Cymball; and Saint James, his pure and undefiled Religion, is, to visit the fatherlesse, and the widowes in their distresses and Edition: current; Page: [6-455] to keep our selves unspotted of the world; and saith plainly, that he who hath this worlds goods, and seeth his brother lack, and shutteth up his bowels of compassion, how dwelleth the love of God in him? And truly, if I must be a Devil for insisting upon these most needfull doctrines, I had rather be these mens Devil then their Saint: And if the use and application of these, and the like, will overthrow that which they call Religion amongst them; certainly it is not pure and undefiled, and hardly of Gods making: I might enlarge my self upon this theme, but the little Book, called, The vanity of the present Churches, hath prevented me, unto which I refer the ingenious Reader, for satisfaction of what they call Religion among them.

And thus I think to all unbiassed men, I have acquitted my self from going about to destroy Religion; I mean, true, not false Religion, or superstition, too commonly dignified with the title of Religion.

And as for my designing, as the desire of my soul, the trouble, misery and ruine of this Commonwealth, it is so absurd a suggestion, that it seems not worth my answer; the utmost of my desire concerning this Commonwealth, being held forth and contained in the Agreement of the People, dated the first of May, 1649. And as a testimony of our acquiescence therein, is subscribed by Lieut: Col. John Lilburn, Mr Richard Overton, Mr Thomas Prince, and my self: so that all my designs are therein center’d; and if that imports the trouble, misery and ruine of this Commonwealth, I am extremely mistaken, and shall not refuse to acknowledge my errour when I see it: but till then, and whil’st I conceive it to tend to the good of all men, I cannot but wish it might be established with contentment and security of all sorts of people: I know not the man in the world, whose finger I desire should ake longer then he pinches another; nor that any man should be reduced to any extremity, by any alteration it might bring with it: but that authority would provide rather a change of interests, and remove men from that which is not, to that which is consistent with the peace, freedom and prosperity of the Nation; it having been all along a sad thing to me, to see men of parts, and breeding, and eminency, upon reformation of interests, or their reducements, to be left to the wide world, without any care or regard of a livelyhood for themselves, their Wives and Children, in some measure answerable to their former condition: such extremities commonly begetting greater, and more mischievous to Edition: current; Page: [6-456] the Commonwealth; and it should, in my poor opinion, be the care of the supreme Authority; no desire being more forcible in man, then to live answerable to his breeding, or to what he hath been long accustomed; every one finding it an easie thing to learn how to abound, but to abate, most difficult: and, I fear, our late and present times suffer much under these two extremes. He upbraids me, that I find fault, that riches, and estates, and the things of this world, should prefer men to offices, and places of trust: but say that virtue, though in poor men, should be more regarded, as in Butchers, or Coblers: And truly I know some Butchers, though not many, as fit as some in your Congregations; and I think you do not exclude for that trade: And as for Coblers, there are trades more in credit, hardly so usefull, and Mr Price knows it well; and were he as busy in self examination, as he is in reproaching others, he would have little time to trouble himself about others motes: he who thought it no robbery to be equall with God, and yet despised not to be esteemed the Son of a Carpenter, and chose simple herdsmen for his Prophets, and poor fishermen for his Apostles, did certainly judge other-wise then these Churchmen judge. Besides, there was a time, when Samuel How, a Cobler by trade, and a contented man in that calling, was not ashamed to preach before your most learned Pastor, and printed his Sermon afterwards; and your Pastor hath chang’d his mind since, and is come somewhat nearer to his judgment; and had done then, as is said, and can be proved, could any have shewed him a livelyhood with credit, upon the exchange.

But by the way, I am not so strong as to talk usually after this rule, I know the generality of our times cannot bear it; I indulge exceedingly towards the weakness of men for peace sake: who ever heard me speak either in behalf of Butchers or Coblers, as to places of government? I professes I know not where, nor when; though for their callings, I make no difference between them and my self; for the callings are honest, and mine can but be so.

And as for Riches, Saint James, whom I am exceeding in love with, had no great good opinion thereof: he demands positively, Do not rich men oppresse you, and leade you before the Magistrates? (the Magistrates, possibly, were no rich men) Nay, is there not such an expression again in Scripture, as, Go too, weep and howl, ye rich men, &c? But I shall be told anon, I have too much straw for this brick; truly, I wish I had none at all, and that you and your Associates had been more advised, then to have Edition: current; Page: [6-457] necessitated me thus to discover your weaknesse; but I comfort my self, that I shall turn it to your good. I hope you will say no more, that by these truths I shall destroy that which is called Religion amongst you, for this is a part of pure and undefiled Religion: And if you make one more change, and sell all that ever you have, all your uncertainties, vanities, and superfluities, for these reallities, it will prove the best bargain that ever you made; and, I believe, we should be Friends upon it; this difference being the only quarrell: And that Riches may no longer be a stumbling block in your way, reade, at your leisure, Montaign’s 52 Chapter, of the Parcimony of our Fore-Fathers.

And where you charge me, that I find fault that some abound, whil’st others want bread; truly, I think it a sad thing, in so fruitfull a land, as, through Gods blessing, this is; and I do think it one main end of Government, to provide, that those who refuse not labour, should eat comfortably: and if you think otherwise, I think it your errour, and your unhappinesse: But for my turning the world upside down, I leave it to you, it’s not a work I ever intended, as all my actions, and the Agreement of the People, do sufficiently evince, and doth indeed so fully answer all your remaining rambling scandals, that I shall pray the courteous Reader hereof to reade it, and apply it, and then shall not doubt my full and clear vindication: so far as that is, am I for plucking up of all the pales and hedges in the Nation; so far, for all things common.

So far from wishing printing had never been known, that I have alwaies said, that printing (if any thing in this age) would preserve us from slavery; and you that know how much I have been against the stopping of the presse, methinks should blush to talk thus.

As for Mr Pym, and Mr Hampden, it’s well known, I honoured them much, for what I saw was good in them, and never reproached them in my life; but was not satisfied, when they would make a war, that they would make it in the name of the King and Parliament; I could not understand it to be plain dealing, nor thousands more besides me.

As for any invectives against the Lieutenant Generall Cromwel, Commissary Generall Ireton, or Collonel Harrison, I shall refer this to be satisfied by one Mr David Brown, the Scotch Writing-Master, a man of integrity, and of a sincere Congregration, what I have done to the contrary: but I allow him not to be over-particular, in naming what particularly, that being inconvenient: And if Collonel Harrison would but remember my attendance on him at Collonel Edition: current; Page: [6-458] Fleetwoods, and but reflect upon a paper I then deliver’d him, methinks my integrity to my Country, and affection to all such as desire the liberty thereof, could not be question’d; and, I confesses I have wondered, he of any man in power, hath not appeared more to my vindication: indeed, I have no fawning flattering waies to work upon men, nor have used any towards them, I have been reall and plain-hearted towards them; and though you may have courted them more plausibly into an opinion of your way in the affairs of the Commonwealth; yet is it conscience and time that proves all things, and I refer my self to both; and if you prove not to them (and the rest in power, that give ear to you) like Rhehoboam’s young Counsellours, I shall be glad of it; I am sure you came in late to the work, and (to my apprehension) labour to build hay and stubble, if not worse, upon a golden foundation, laid by others for the Freedom of the Commonwealth.

But I must beware, for, as I hear, you much rejoyce in a new Act concerning Treason; so copious, that I may be in the verge of it, before I am aware; it makes me almost not sorry that I am kept close Prisoner, but that it’s no good sign of Englands liberty which I have earnestly labour’d for: but truly I may rejoyce that I am kept from you, and you from me; for certainly, should we passe but one hours discourse together (in the mind you are in) and as the case and law now is, I should not escape an information.

And truly, that ye are so well pleasd with this act proceeds, for that it serves your present turn, rather then any reason or consideration in you; for how soon the edge of it may be turned against your selves, you know not; and some who consider not how much ye have labour’d for it, wonder ye do not petition against it: for whil’st a Parliament sits, it is lawfull to petition against things, though established by Law; and it’s somewhat rare in the practice of Parliaments, for a law to take place, and be of force so soon as it is made, having commonly had a good distance of time, that men might digest, and consider and understand it, before the commencement or beginning of the power thereof; and that, at soonest, not before the end of the Parliament that made it: And there seems to be this reason for it, that the Parliament men that made it should be as soon, and as clearly subject thereunto, as any other persons whatsoever; otherwise they might make such, as might ensnare the people, and yet keep themselves out of danger.

And certainly, if this caution be necessary in any case, it must be where mens lives are concerned, as in Treason and Felony; wherein Edition: current; Page: [6-459] our forefathers were ever very carefull; as Sir Edward Cooke cloth sufficiently witnesses some particulars whereof concerning Treason, are worth yours, and every mans knowledge.

“Briefly thus: he saies, The Parliament holden the 25th of Ed. 3. was called benedictum Parliamentum; because of its particular expressing what was Treason: and that except Magna Charta, no other Act of Parliament hath had more Honour given to it, as appeareth by the Statute of the 1 of Hen. 4. chap. 10 reciting, That whereas a Parliament, holden the 21 of Rich. 2. Divers paines of Treason were ordained by Statute, insomuch as there was no man did know how to behave himselfe; to do, speake, or say, for doubt of such paines: It is enacted, &c. That in no time to come, any Treason be judged otherwise, then it was ordained by the Statute of 25 Ed. 3. the like honour is given to it, by the Statute 1 Ed. 6. chap. 12. and by the Statute of the first of Mary, chap. 1. Sess. 1.—different times, but all agreeing in the magnifying, and extolling that blessed Act Of 25 Ed. 3.”

And speaking of the care of our Ancestors, in avoiding nice and extreame Laws concerning Treason: he saith, And all this was done in severall Ages, that the faire Lillies and Roses of the Crowne (which now may be interpreted) the Government of England, might flourish, and not be stained with severe and sanguinary (bloudy) Statutes.

He saith further, That the Statute for Treason, is to be taken strictly; and the proofs to be direct and manifest; not upon conjecturall presumptions, or inferences, or straines of Wit: but upon good and sufficient proof, That none are to be proceeded against, but according to due course, and proceeding of Law, to be judged by men of our own condition; and not by absolute power, or other meanes, as in former times had been used; and affirmes it to be a received maxim, that bare words without an overt Act, could not make a Traytor.

But if you can rejoyce that these strong holds, and safegards of our lives, shall now in the first year of Englands Liberty, with the Petition of Right, be accounted of no value; but that we must be so exposed to danger, that no man shall know how to behave himselfe, to doe, speake, or say, for fear of the paines of Treason: I believe your rejoycing is but matter of grief to us, and the rest of the plain-hearted people in England: it being not who doth it, but what is done, that most concernes all men: you use to talke of something still, in the bottome of what I, and my friends proposed; Edition: current; Page: [6-460] but when shall we see what lies at the bottome of your hearts, if such as those rejoycings are aflote already?

You think it strange, that we should object against Martiall Law, in times of Peace, for Souldiers or others; and yet if you read the Petition of Right, you cannot but confesse it to be expresly therein provided against; you deny us all Legall proceedings, and yet thinke the proceedings of the Swisse a horrible thing; a story kept in Lavander about seven years, and next to one that now is not, is due to him that kept it in sweetning so long, for so unsavoury a season, and whose profession is nearer cutting of throats, then mine is; and as I remember, was very merry at the thought of it.

I am of opinion, there is much, if not more need of another kind of Law; and I could wish some good people would consider of it, but I have no hope of your Congregation: It is a Law against Lying; you know what a sad condition the Scripture holds forth to him that loveth, or maketh a lye: what thinke you of it? will our trades bear it? there needs no sanguinary punishment be annexed, but some easie punishment: besides, if you hear one that is not of your own Congregation asperst, and runne presently and tell it to others, before you are certaine of the truth your self, this need not passe for a lye, if you can but remember your author; though he had it only from the father of lies; being sure also, that you may confidently avouch, that you had it from a very pretious Godly man; so are all your Churchmen: or if you do but thinke ye remember a thing right, and witnesse it; this also had not need to be taken for a lie neither: and some such other indulgences, as the time, and your occasions require; there are some say, pia mendacia, those that are Learned amongst you, will expound the meaning; there may be a remission also for those, but certainly, yet a Law (though with allowance of a large latitude) were absolutely necessary for these times, and it would honour you exceedingly to seeke for it; you may have also allowance, for all false slanderous invectives, if once you have gotten them Licenc’d, and Printed, such as are in Walwyns Wiles; all such shall not be doubted for lies: but a Law would be wonderous necessary, though it were never kept, you can bear with that, though we, as you say, cannot, but are clamouring alwayes about the Selfe-denying Ordinance: well, pray get a Law, and draw it up as large as will serve your seared Consciences, that durst subscribe such abominable ones, as that booke containeth; it being a thousand pities, that you, who have Edition: current; Page: [6-461] ever been so forward for the good of the Commonwealth, should stay till some that are not of Churches, or some obscure inferiour Churches should move for it, nay, and may occasion a greater strictnesse, then will serve your turne.

Many considerations will be necessary in the making of it; for as you know in wrestling, three foiles, are valued a fall: so it must be exprest, how many mentall reservations shall make a lie; how many feignings, how many times appearing as a spie; whether a spie under an oath can lie, so long as he intends the service of his principals: how many times a man may walke and discourse familiarly in dissimulation, before it amount to a lie; how many lies a years hypocrisie amount to: that so, such as Mr Richard Price, Mr Brandriff and the like, may be reckoned withall: and then to proportion punishments to offences; you have time and leisure, and I perceive, meet together for worse purposes, so I leave it to you. Only thus much for encouragement; Almanzar the first (or third) of the Sarazens Emperors, made use of such a Law, by which (above any other meanes) a mighty people were kept in great quietnesse and prosperity, as you may read in a little Book, called the Life of Mahomet; and are we not in a low forme for Christians, when we are not so wise as such Schoole-masters? O miserable Reformation!

But I must take heed what I say, for it seemes the Petition of the 11 of September, is afresh come into their minds, and all the circumstances therein reckoned up, as matter of provocation to all interests, and of devision to the honest party; for of all Petitions, after that which was burnt, this contained most particulars; and then, and long after, was that wherein the wel-affected from all parts, and Countries, did agree and center; so that it proved a Petition of the greatest power of uniting, as ever was: and was by the heads, and chosen men of these mens friends agreed unto, to be the substance of an Agreement of the People; as Lieut: Collonel John Lilburne, Mr Doctor Parker, and others can testifie: and yet now by this author, must be raised against me, as if but for me, that Petition, had never been seen; & as if his judgement were to be valued to the blasting of that which received the approbation of many thousands of the most cordiall friends the Parliament, and Army had throughout England: I wonder of what honest party, this author reckons himself to be, if this Petition were so unworthy; an exasperating Petition, who did it exasperate? if this Petition did demonstrate my designe of mischief to the honest party, I say (as Edition: current; Page: [6-462] he saies) let any mans reason judge impartially and determine; certainly these people have resolved themselves to be, and have contracted some corrupt interest, that the matters of that Petition now so much troubles them: but why this must fall upon my accompt, more then upon any others, that I do not see; only he hath undertaken to try what work his wit can make of any thing; and out of the strength of his braine, presumes he can turne my promotion of the best things to my disadvantage, although (but that I will not favour his expectation with a blab) I could tell him how little I had to do in that Petition; but why should I take care to set that man right, that cares not which way he goes, to do mischiefs, and will not be disswaded? and whose ends are so unworthy, as to affright all men from Petitioning, without his, and his associates allowance?

I know not whether any body sets him to this unhappy work, or whether he officiously undertakes it of himselfe, but truely to me he seemes to be but an impertinent workman to his pretended ends; for as in the former part, no man (to my apprehension) ever more wounded Religion, and the honour of God and his Word, then he hath done, upon pretence of wounding me: so in this other part, which he pretends for the honour of the present Parliament; what man in the world would have made such a repetition of things? trumpeting out himselfe really such things, as I am confident, he never heard from me, nor any body else: it hath not been my use to stir much in what is past; but my way hath been to propose a passing by of what is gone, and laying a good foundation for the time to come; that there might be no need of such complaints, as he there more Rhetorically, then truly, reckons up as uttered against me.

“As how basely things go; what Oppressions, Taxations, and vexations, the poor people indure, how this poor betrayed Nation is bought and sold; how the cutting off some Tyrants, do alwaies make way for more, and worse to succeed them; how nothing is done for the Commonwealth; how basely the treasure of the Common-wealth is embezell’d; how Parliament-men Vote money out of the purses of the poor ridden people, into their owne; how they share the riches of the Nation among themselves; how to day, they Vote this Parliamentman into a great Office, and to morrow, another; and how they doe nothing for the Common-wealth, but Vote one another into places of power and profit; how that, though to abuse, and cast a mist before the eyes of the people, they made Edition: current; Page: [6-463] a Self-denying Ordinance, yet suffer no man to put it in execution; how they promote their Kindred and Allies, into great places every where; if any use be for men in the Custome house, in Excise office, or in any other places of profit, this, and that Parliamentman’s friends, or brothers, or sons, or nephewes must be the men; nay, Parliament-men and their allyes, have place upon place, and office upon office; as if they had severall bodies, to be imployed at one and the same time: What’s become of the infinite summes, the unconceiveable Treasure of the Nation; the late King’s Customes, Ship-money, Coat and Conduct money, Monopolies, &c. were nothing to the Customes, Excise, Taxations, Free quarter, Sequestrations, Papists monies, Bishops Lands, Revenues of the Crowne; besides all the Plate and monies, lent freely by the people, and yet nothing done: nay, how many for their zeal and good will to the State, have lent freely and bountifully, thereby beggaring and undoing themselves, and now cannot receive one peny to buy them bread, but may lie begging, petitioning, and starving at their dores, and cannot be heard; nay, it may be, have nothing but course, hard and cruel language from them; how one Faction tears the Commonwealth, & share it among them one while, & another another while, neither of them regarding the ease or grievances of the poor people all this while: And what have they done since this purge, and that purge? they have voted the continuance of tythes, the laying of more taxes and rates, they imprison honest men, &c.”

These he implyes, are my ordinary discourses, to the disparagement of the Parliament, and that too since the King’s Death; for my part, I must deny it; and that if I should have in any place, or at any time, spoken, or directed others to speak all what he there recites, I had spoken what I do not know to be true; for I have never made it my work to take a Catalogue of the failings of Authority, but have frequently proposed a generall remission and security to all men, for what hath been past (as I said before) without which I never expected peace, or an end of wars and miseries: And this my back friend, Mr Arnald, may averr on my behalf; to whom I once gave a paper (upon his sight and desire) to that end: so far have I been from blowing such coles as these, that if any ever cast water or milk upon this wild-fire, I have done my endeavour therein.

But I must not be what indeed I am, but what this and these men are pleased to give me out; unto whose secret suggestions, and false aspersions continually whisper’d by them at Parliament, and Edition: current; Page: [6-464] Derbyhouse, I impute all the hard measure I have found (and which, I fear, will be the undoing of me, my Wife, and Children) there being none of the Gentlemen of either place, I am certain, have any thing against me, but what these men bring; and some of them, I am confident, have that experience of my integrity and ingenuity in all I have done in relation to the publique, that they would do as much for my deliverance out of this affliction, as for any mans in the world.

And truly, whether he wounds me or the Parliament more, in making such a Rhetoricall recitall of so many particulars, as, whether true or false, will be apt enough to be believed in these sad, complaining and distracted times; let any man that hath reason, judge.

So that if he meant not to wrong the Parliament, but me, he hath overdone his work, which generally befals such as take not their Consciences along with them in what they undertake; they overdo, do, and undo, ordinarily; as you may observe by his so many firsts, seconds, thirds, his doubling and trebling of them, and his running over one and the same thing again and again, as if he labour’d with the disease of multiplication.

But truly, when I consider with what a continued, but secret malice, they have pursued me, and that all their pretended reconcilements and friendships, have been but counterfeit, I can impute the same to nothing more then emulation: for before this Parliament, I was accustomed to discourse much with Mr Goodwins hearers, upon what they and I had heard him preach; and my character of him usually was, that he spent much time (in my apprehension) to make plain things difficult to be understood, and then labour’d again to make them plain and easie to be understood; but he had so perplex’d them, as that he could not: this I know did sorely trouble them, though when they fell to congregate in a Church-way, they gave me good respect, as needing the help of every one, whose conscience (as mine did) led them out to stand and plead for liberty of Conscience.

I believe they were also not a little troubled, that I closed not with them, or some others, in their Church-way; for so I once perceived by one Mr Lamb, a Linnen Draper in Cornhill; to whom I having sold a good parcel of linnens, and taking it very kindly that he would deal with me, I would needs give him, and some Friends with him, a cup of beer and sugar one morning, and we were all free and chearfull: but Mr Lamb and I out-staid the rest, falling Edition: current; Page: [6-465] very largely into discourse, he putting all the questions and doubts he had concerning my opinions; which I answered one by one, upon condition that he would give himself and me time, then, and hear me out all I had to say, because (as I then told him) I never had received prejudice from any discourse that ever pass’d from me with ingenious men, but where they carried away things peece-meal, and by halts: So in a most friendly manner he heard me, and, in conclusion, approved exceedingly of all I had said, even with abundance of content and rejoycing: but when we had done, he fetches a deep sigh, saying, O, Mr Walwyn, that you had a good opinion of Churches.

To which I answered, that I had no evil opinion of them; that rather I did rejoyce to see with what amity and friendship they enjoyed each others society in a comfortable way, assisting and supporting one another; that I was glad they so contentedly enjoyed the exercise of their consciences in a way that was agreeable to their judgments; that I had made it my work, as far as I was able, to preserve unto them, and all others, the enjoyment of that just liberty; it being a principle in me, that every man ought to be protected in the use of that wherein he doth not actually hurt another; and that were I satisfied in some particulars, I could not but joyn my self to some such society; that I thought, as I was, I wanted much of that intimacy with good people which they had, but yet must not purchase it upon a doubtfull conscience, or against my judgment; that I wish’d them all happinesse in their way, and was not willing to disturb any, and hop’d they would not disturb me; hoping, that they would have as good an opinion of me, as I had of them, though I did not joyn in a Church-way: and with this he then seemed to be very well satisfied.

And so we held very fair and serious respects a good while, I giving him some visits at his house, where he would reade to me with much admiration, some of Mr Goodwin’s Books; the weaknesse whereof I made somewhat bold withall (as being never used to flattery, or to balk my judgment) which proved a noli me tangere: for Mr Goodwin is the apple of their eie, and in a short time, not only his familiarity ceased, but I was even slandered to death from this man’s mouth; no place wherever he came, but his aspersions flew abroad; as if to blast my reputation, had been given him in commission from the whole Congregation: this was the fruit of my intimacy with him.

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Nor can I imagine any other reason why Mr Brandriff should deal so unworthily with himself and me; for when we have been together, he hath discoursed to me much concerning his Wife, his Father, his Children, what he had done for his Kindred, how ingratefull they were, the manner of his trade; how, and by what means he got good store of monies, in the midst of the wars, by rising early in mornings, and searching in Inns, what goods were brought to Town (indeed, most commendably and industriously) how he many times ventered to buy goods he had little skill in, nor knew not when he had bought them, where he was like to vent them; yet how well he sped, with abundance of things, I will not repeat, these being sufficient to shew the man, was not certainly feigned towards me so long a time as afterwards he pretended; only when we have been hearing Mr Goodwin together, and come from him discoursing, I have shewed suddenly some mistakes, and weaknesses, and drinesses in things which Mr Goodwin had much laboured to make good, but would not endure my touchstone; and Mr Brandriff hath been forc’d to confesse as much; sadly smiling and saying, well, what shall we say? where can we hear better? To which I would answer, that’s not the thing, you see what this is.

Indeed, but for this, which can be nothing but emulation, I know not any cause I have given them thus to persecute me; they have thank’d me for Books I have written, as my Whisper, and others forenamed; and for a Book, entituled, A help to the understanding of Mr Pryn, which they would no nay, but it should be mine, though my name was not to it; so good an opinion they had of my integrity: Nay, their Church disbursed fifty shillings towards the printing of ten thousand of that little Book, called, The word in season (they then judg’d the dispersing of Books no sin) which Mr Batcheler can tell who was Author of, and they know well enough; so far were they from believing what now they subscribe to; that in all times I ever opposed the present Government; but it will be found only, that I never flattered them by such undue expressions, as, by the womb that bare you, and the paps that gave you suck, and the like, more sutable to the liberty of Sycophants, then Christians: Nor did I ever oppose any just authority otherwise then as I have opposed men: not to destroy them, but their destructive errours and misapplications of their power.

Well, ye are the most strange conditioned people that ever I met withall, the most inconsistent; walking, not by any principles, but Edition: current; Page: [6-467] meerly by occasion, and as the wind turns; and I am heartily glad I have so nigh done with you, for I never shall be induced to bestow the like pains about you again: only I have this farther to acquaint the ingenious withall concerning you, viz: that you bear your selves very high and confidently upon your ability of proving whatsoever you alleadge by way of aspersion against any man: And indeed herein, I can resemble you to none so properly, as to a people are called, Gypsyes (I must intreat pardon, if there seem any lightnesse or despising in this simile) for if I could have found one more handsome so proper, I would not have stained my paper with this: but just so have I found them confederated together; if one but averr a thing, presently there are a cloud of witnesses; and not in a slighting way, but such as will take their oaths of it: Upon which accompt, upon the Exchange, all their affirmatives concerning others, and there negatives concerning themselves, are carried on; beating down, by this one trick, all their opposers.

And so they dealt in a most filthy scandall concerning an honest man I know abhorred such basenesse; and which was carried all over the Town by this kind of Congregationall men: I reproving of it, and saying, the party would not so put it up, but would seek for remedy at Law; one of them rounds me in the ear, If you are his Friend, advise him to be quiet; for I am told by as godly men as any in England, the thing will be witnessed upon sufficient mens oaths: whereas, I professe, the thing was of so abominable a nature, as I do not believe ever was, or ever could be proved by witnesses, all circumstances of day, and light, and open-street considered: And truly they are as cunning at dispersing, as they are confident in avouching, that the resemblance may well hold; for generally all their aspersions, though they are so vile, as, if believed, shall undo a man and his family, in respect of the loathings they will beget in all that know him: yet you shall ever have them such as by law you shall hardly ever take hold of them: so that they exceedingly presume, never giving over railing and writing, that there is no possibility of silencing them: shame they care not for, and no prejudice can come unto them; for touch one, and touch all; all have one purse for a common end, offensive and defensive; and if they should by these courses grow so odious, as that no body else would trust them; their Confederacy is so large, that by buying, and selling, and purchasing, and lending, they are able to enrich one another, so as they grow to a mighty Edition: current; Page: [6-468] interest, as distinct almost as the Jews in Amsterdam; and much to the same ends of gain, but have greater aims of power and dominion.

And I beseech God to deliver me out of their unmercifull hands, before they yet grow greater; for I look upon my self as their Prisoner, aspersed and imprisoned, and even ruin’d by their ingratefull, Un-Christian suggestions and machinations.

Mr Kiffin, I hear, since he hath subscribed Walwyns Wyles, desires I would give him a meeting, with others he will bring with him; and if proof be not then made of the truth of those things therein alleadged against me, effectually and sufficiently, he will then himself write against the Book: what an offer is here? he hath set his name already to the Book, as a witnesses and published the Book (before ever he, or any man else ever spake to me of it) to my disparagement, and undoing (were men as ready in believing, as they are in scandalizing) and now he offers a meeting to have those faishoods proved.

Is this like the Pastor of a Congregation of Christians? Good God! what are befaln to Congregations, that they can bear with such Pastors! Truly, Mr Kiffin, although your people will not deal with you as you deserve, I shall be bold to perswade you to leave them; and take such with you as are of your own mind, and colour your faces of a tauny colour, and pursue the profession, you have begun the practice already; and cease to (can’t, shall I say, I even tremble to think it is no better) to deceive, I will say, any longer, in the name of the Lord; for God is a jealous God, and will one day recompence it.

A man that looks upon these seeming Saints, no mervail if they take them for such indeed, they are so solemn in their countenances, so frequent and so formall in their devotions, so sad at others chearfulnesse, so watchfull over others tripping, so censorious over others failings, having a kind of disdainfulnesse at others, bespeaking them in effect to stand farther off, I am holyer then thou; it being a great scruple amongst many of them, the lawfulnesse of playing at Cards, or the like recreation, as being a vain expence of time.

Whereas all this is meer out-side, and but the washing of the outside of the pot, a but appearing holy before men, to gain the repute of Godlinesse; shut but the dores, and let them but be sure of their company, and they are as other men for sports, and jigs, and jeers, and idle jests and tales, and laugh and love it, and even lie Edition: current; Page: [6-469] down again; for if they would do thus before me, and some other of my Friends, what will they do when they are alone one amongst another? Collonel Tichburn himself, at Mr Hunts house at Whitehall, telling so nasty a tale of a Scotchman that would teach a Lord to give himself a vomit, crooking his fingers, and thrusting them as into one place, and then into his mouth, and down again, and up again, acting of it with so much art, and delight, and laughter, as that other solemn man, Mr Daniel Taylor, and Mr Richard Price, were ready to burst themselves with laughter; Mr Taylor calling out for more jests and sports, being, as he said, extremely troubled with melancholly; I would he were troubled with no worse.

For it was but a slippery trick of him, to allow of all I said against Excise, as an extreame burthen to Trades; and saying he felt it himselfe, and was at that time in question at the Office, and wishing it downe with all his heart, when at the very same time, or just upon it, he writes a Letter to the Commissioners of the Excise, advising them not to be so severe in dealing with him, for the times were like to be such, as they might need the least of their friends; whereas in an eminent place, he had appeared in no mean manner, in defence of the Excise, or to this effect; yet these, forsooth, must passe for the only holy, unspotted men of the times; so as a man that hath but a chearfull countenance is scarce fit for their company, and he that should be said in their company to carry two faces under one hood; O what a wretch were he! but these it seemes may do any thing; and as the proverb hath it, better steale a horse, then others looke over the hedge; but you must note, Captaine Lacy, and Mr Lamb, fellow members with Mr Taylor of Mr John Goodwins Congregation, have some hundreds of pounds in the Excise, which yeilds them good interest (what ere it doth the Common-wealth) and how many Congregationall mens cases it may be, they knew better then I, and so Mr Daniel Taylor, had more reason for what he did, then he would tell every body of: these relations are the tenter-hooks, upon which all oppressions hang, and cannot get off; if they but concerne one of a Congregationall way, you draw Dunne out of the mire, and none of that way will help, but hinder you.

And for Col. Tychburn’s jest as they call’d it, and their other gibbish pratling, how long one had been from his Wife, and how long another; which was to me no better than catterwawling; I was wondred at I was no merrier, being somewhat dumpish by thinking, Edition: current; Page: [6-470] why those men separated themselves from other men; and sadly considering, what a stroake this light easie people were like to have; through their seeming Godlinesse, in the greatest affaires of the Common-wealth, as soone after was, and hath been seen.

But its well knowne, I, and all that were with me, were so far from telling these things any where to their disparagement, or so much as speaking of it, that we agreed it should not be knowne, lest we should break those rules of society, which require honest men, not to talke to any mans discredit, whatever befell in company, where no evill to any man was intended; and truly, but that now these men seeme to stretch themselves and to walke on tiptoe, not only upon my ruines, but without all tendernesse of compassion, towards my dear Wife and Children; yea, and insult over our more dear Cause, and our Countries Liberties, bearing downe all upon an opinion of their godlinesse, and our licentiousnesse, which we more abhor then themselves; these stories had been buried in the grave of silence, but as they have borne themselves, not regarding our manifestation, but despising and jeering of it; and by their most uncharitable Book, raising up a whole legion of scandals and slanders against me; a necessity was upon me, to shew these men as they are, not as they labour by hypocrisie to appear unto the world.

I have onely one request to this sort of men, and I have done with them; and that is, That they would agree among themselves, to wear some very visible and remarkable thing, either upon their breasts, or in their hatts, in that company where they resolve to be sincere; and to make no perfidious use of that meeting, or conversation, whilst they weare it, and to keep it in their pockets, or concealed, when they intend to deceive; and it will be necessary in your next Book, to publish what this note shall be, that all men may expect it, and accordingly keep you company or not, and know how to behave themselves in their conversing with you; in the observation whereof also, you must advise all those that have been used to deceive; especially those that have profest to have kept me company, purposly to turn all I did to my prejudice; that they be very exact and sincere in the observation thereof, for otherwise it will come to nothing; and no body will know where to have you, or how to confer with you.

It hath been others cases, who have used over-much dissimulation, as Lewis the 11th of France, who in his transactions with Charles Duke of Burgundy, concluding Peace, Truce, and Articles upon Oathes; and nothing proving of force to hold him; neither Edition: current; Page: [6-471] oathes, nor sacraments, nor execrations, nor covenants, nor any such bonds as should hold inviolable all contracts amongst men; in conclusion, he discovers the image of St. Claud, which he continually wore in his hatt; and after he had offered any other obligation, in a thing he was suspected not to intend, or keep; he urging him to swear by that St. Claud, he refused; as not daring to break faith upon that oath; this was something yet; and truly, when you shall consider to what a pass you have brought your selves, you cannot but conclude upon some such course.

And having thus turned your insides outwards, though with unpleasing paines to himself and much trouble to the ingenious Reader (for I was hopefull I had done for ever with this kind of work, when our manifestation and Agreement of the People was once abroad) you may without spectacles, read in your own hearts, written in Capitall letters, what you through a great mistake intended to me, and my friends, in the first enterance of your Book: namely, “That the greatest hypocrisies is often palliated with the most specious pretences of the plainest sincerity; and the chiefest use that some men make of Religion, and the language thereof, is (after the similitude of Satan with our first parents) to muffle the understandings of over credulous and flexible men and then to cheat them, under a guilded bait of their seeming good, unto such actions, that are most conducible to their certaine misery”: If this be not true of you, and due to you, it hath no true owners in the world.

And so I have done with you all, and all your Wiles; and henceforth, he that is filthy, let him be filthy still, and he that is ignorant, let him be ignorant still; he that is so fouly partiall in his Conscience, as after this my Just Defence, to believe your slanders of me, let him remaine so still; and he that through a perverse ignorance, shall henceforth doubt my integrity, let him remaine ignorant still: I would gladly be free from this Restraint, because I fear it will prove prejudiciall to many more besides my selfe, if not already, and I trust, God will open some just way; however, I have peace within, because in all that hath befallen me; my will is not to harme any man, nor to dishonour God; affliction being still to me, a better choice then sin.

William Walwyn

FINIS

Edition: current; Page: [6-472]

Ricard Overton

Overton, Ricard

2 July 1649

[19]

6.19. Ricard Overton, Overton’s Defyance of the Act of Pardon (London, n.p., 2 July 1649).

Source

Ricard Overton, Overton’s Defyance of the Act of Pardon: Or, The Copy of a Letter to the Citizens usually meeting at the Whale-Bone in Lothbury behinde the Royal Exchange; And others commonly (though unjustly) styled Levellers. Written by Richard Overton Close prisoner in the Tower of London. Imprinted at London 1649. (London, n.p., 2 July 1649).

Edition: current; Page: [6-473]

Overton’s

DEFYANCE

OF THE

ACT OF PARDON:

OR,

The Copy of a Letter to the Citizens

usually meeting at the Whale-Bone

in Lothbury behinde the Royal Exchange;

And others commonly (though unjustly)

STYLED

LEVELLERS.

Written by Richard Overton Close prisoner in

the Tower of London.

Matth. 16. 24, 25.

Then said Jesus unto his Disciples, If any man will come after me,

let him deny himself, and take up his crosse and follow me.

For whoever will save his life, shall

lose it; and whosoever shall lose his life for my sake, shall finde it.

Imprinted at London, 1649.

Edition: current; Page: [6-474a] Edition: current; Page: [6-474b]

OVERTON’S DEFYANCE OF THE ACT of PARDON.

Honoured Friends,

I Understand, that at the silence of my pen since my close imprisonment many have wondered, & some even amongst you (though tacitely) been ready to draw my integrity into suspicion, but could such as wel unfold the riddle of my silence, as in other things, judge of what is visible and obvious to the eye, their thoughts sure would be far from such jealous surmises of me, neither would they (I suppose) so much as tax me of imprudence or negligence in the matter, though my silence indeed had been as deep as is suspected, and let it be so taken for granted, and also taken in the worst sence, I care not much how I am judged; yet I must needs confess, it is no pleasure unto me, to be misjudged, or condemned before my time, when my deeds are apostate or contradictory to what I have begun in behalf of the publick, then is the time of my condemnation, and before that my patient endurance in bonds (one would think) were a guard sufficient against misconceptions in that kind, especially with my friends.

But knowing, that even the suspicion of any one of us four; yea, though in the unworthyest, My Selfe, is an arrow of so pearcing a kind, that it even woundeth through the sides of that person-the righteous cause of the people which never more needed indulgence, watchfulness, and help then now, it being (by perfidious usurpers and hypocrites, now clothed as Angels of light with the radiant beames of Majesty and Saintship, that no English mortal is able to peep into their glory and live) become like the man that travelled from Jerusalem to Jerico, and fell among thiefs, stript of his raiment (an Agreement of the people, and its faithful Asserters) wounded and beaten, deserted and left half (if not altogether) dead, spurned, trampled and trod under foot, and the Priest and the Levite, and Edition: current; Page: [6-475a] (which is most to my grief and confusion of face) my very brethren the Church-men pass by on the other side, yea, and which is worse, are not ashamed with their invenomed invectives, lyes, calumnies, and bitter persecutions, (and yet all forsooth in the name of God, of Jesus Christ, of Reliligion and the like) to stab and wound it afresh; having forked stings like Serpents to sting every hand that toucheth, swoln with venome like Toads to spit at every person that owneth, and like Vipers ready at all times to fasten on every man that shall dare to be an asserter thereof; that now none so persecute as they, enough to affright me from Church-ship, to renounce and abominate it for ever; did not I know its institution to be holy and good, and the wayes of those men no natural product or fruit of Church constitutions.

I tell you (my dearest friends, and fellow asserters of the publick cause) knowing how circumspect, tender & careful we ought to be; now especially to shew our affections, our truth and fidelity to our persecuted wounded, forsaken, and almost murthered cause, when none there is scarce that dare own it or indulge it in publike, and to approve our selves like the good Samaritan indeed to binde up its wounds, to poure in our wine and oyle, and have a care of it; I shall therefore (least your jelousie over me should take too deep an impression upon your spirits, and so work an in confidence in you, in any future asserters of our cause, to the extreme dammage and prejudice of the cause it self) unbosome the present disposition of my heart and resolutions concerning the same, although to give you the particular reasons for the late obscurity or silence of my pen, at present I judge not convenient.

My Friends, of this therefore be yee confident, that my silence hath not proceeded from any degeneration or instability in me to that Righteous Cause (summ’d up in our draught of an Agreement of the people, subscribed, published and offered by us four as a peace offering, to the consideration of the people of England, 1. May. 1649,) that Paper, (or rather the contents or premises thereof) is the price, glory and end of my endurance, neither life, liberty on reparation, or any thing that man or earth affords is valuable with me in comparison thereof, that is my all in all; I desire neither life liberty, or reparation (seeing God hath called me to the work) but as may stand in subordination to that Agreement; while I have life or breath it shall never want a true asserter to uphold and promote the same to the utmost of my power, let the hazard and danger to my self be what it will.

Although I have sat thus long in the shadow of silence, yet let not my friends suspect me, nor mine enemies vaunt over me, for though my person is their captive, yet have I so much spirit and fidelity left, to scorn their Edition: current; Page: [6-475b] tyrannyes, and dare them to their teethes to do their worst; let them finde Gallowes, Gybbets, Prisons, Halters, &c. Ile finde carcass to encounter, till I have encountered out my life, I fear none of their Treason traps, I scorne and defy them; for that Agreement I will have, or else Ile dye at their feet; Ile have no accord or peace with them at all till they have yeelded that: whether at liberty or in prison, it is all one to me.

It is neither my own life, liberty, nor reparation that I stand for, as the proper end of my Engagement; I have set my hand to the plow, and that paper hath proclaim’d it, and bears testimony thereof, and shall I look back for my own advantage, God forbid; rather let me die, then live the life of Den (that accursed English Judas;) The bread of Apostacy, Lord, never let it enter into my lips; to drink the blood, and eat the flesh of my Countries Cause; yea, of the children that are yet unborn, as that Viper, that wretched Traytor hath done, or be clothed with the garments of such abhorred abhomination; farre, farre be it from me and mine, rather let us be cloathed in Rags, and let me linger out my dayes, fettered and mannacl’d in some of their noysome murdering Dungeons to bear testimony against them, for that Righteous Agreement: God hath given me the heart, and fild it with power and patience for the work; life, liberty and reparations, that golden ball and bait of Apostacy shall not satisfie me, it is not for such flattering pictures, that I am at variance with them, although my condition might invite me to such worldly acceptances; no, I first set my hand to the work out of integrity and simplicity of heart, without all selfe or by-ends, God is my record, and I trust, he that began that good work in me, will bear me out in it, to the end; and that is my earnest and hearty prayer.

Therefore, my friends, be not you fearfull or jealous of my integrity, I wish none of your heads may ake till I turn apostate, sure I shall first turn into the dust: and for the truth of this my professed integrity, I referre you for proofe to my future actings, if they therewith commensurate, let me be justified, if not condemned, by the fruit let the tree be judged: other judgings I need not much vallew, for such judgments ever betray an evill spirit in the Judgers.

But now my dear friends, you especially, which have provoked me thus at this time, to unbosome the secret resolves of my heart, (who perhaps by some, not duly weighing the occasion and necessity, may be ascribed to vain glory and arrogance) you I desire, to rub up your wits, consider and tell me, whether instead of those jealous surmises of me, your time had not better been spent in considering some way wherein you might equally discharge your duties with us, that are so close immured in the Tower; think you, that we are able to remove mountaines; we are but men, and no more but Edition: current; Page: [6-476a] four men: Imagine you, that there are no more hands required to the work, or that it is possible for us to doe all the drudgery, and perfect the same, while you stretch your selves upon your beds and take your ease, leaving all at sixes and sevens, and the cause to sink or swim, to stand or fall, if we look not after to beare it up: My friends, the Cause is as much yours as ours, and your duties with ours are of equall extent; but how comes your practice so short, so dull, and remisse; upon all occasions you expect vigerous actings from us, while you look over your selves: I cannot see, but that a Prison, the Gallows, or halter would become the best of you as well as any of us, to vindicate or assert that Agreement of the people.

But you spit in our mouthes, and clap us on the backs like Dogs, and cry, ha-looe a-looe, and turn us loose upon all the Bulls, Bears. Wolves, Lyons and Dragons of the times, which are thousands to one, (I confesse I love the sport) while you shrink, and skulk into you holes: Come out for shame, come out, and catch me the great Bull of Bason by the NOSE, and make him roar.

Whu———all my brave Levelling Bull dogs and Bear Dogs, where are you? Siz———; ha—looe—ha—looe—all fly at him at once: There at him, at him; O brave Jockey with the Sea-green ribbond in his eare! that Dog and his fellow for fourty shillings a Dog: Hold, hold, he hath caught him by the Gennitals, stave him off, give the Bull fair play.—A pox—they have burnt my Dogs mouth.

Ha—looe,—ha—looe———all at him againe, and bate him out of England into Ireland, and there the brave Royall Bandogs will tug him and tear him to some purpose: But stay, first let me clap this nettle under his Tayle, and tell him, wee’l never leave biting and bating, if all the lusty levelling Masties in England will do it, till we have worryed, or broke the Buls neck, or else gain’d our Agreement.

Martin can sing no other tune since he was cag’d up in the Tower, but The Agreement of the People, The Agreement of the People; and is resolv’d to sing no other note but that: all his airy Canto’s, and sweet roundelayes must all be to the good English tune, of The Agreement of the people.

But (my friends) to return. Be not yee luld asleep with none of their blandishments: They now talke much indeed of Reparations for Colonel Martins great losses, of our Liberties, of Mr Lilburns and Mr Princes money, and of such like rattles and toyes, but you may remember their old tricks and delusions and understand the mysterie of those guilded motions; when at the generall risings in Essex, Kent, invasion of the Scots &c. they wanted help, O how honest would they be to the just interest of the people! when the House was to bee broken in pieces, then no way but we must have an Edition: current; Page: [6-476b] Agreement of the People*; when the King was to come to the Block, and a bloody High Court of injustice, and a Councell of State erected, then what a white Boy was Colonel Martin? A Regiment of horse was voted for him by the House, to keep the pertty Baby at play with that fine tan-ta-ra-rarah tan tarra, while their work was over: when our friends were up about Burford, then a Committee must be appointed to consider of Elections for a New Representative in all haste. And now think you, what is at the bottom of their new smiling Aspects towards us? quiequid id est, ti meo Danaos & Dona terrentes: Ile trust them no further then I can sling their great Bull of Bason by the taile; their smiles are but on purpose to slay. The Prince, the Scots and Irish have prepared them more fish then they are well able to fry, that they are so forward to fetch a col. from our Altar to augment their fire.

Therefore while it is day consider what you have to do, strike now if you mean to speed, up with your Agreement of the People again, and beleeve nothing that they say or do, till you be real possessors thereof, and a new free Representative in being: and then let them do their worst, wee’l make them honest in despight of their teeths, and till then, and not before can I reckon of my reall deliverance from these bonds. Come, who strikes the first stroke? what says old Mother Harry? reach him there an Agreement of the People, it will become him better then his reparations in consideration. And where’s my little Gray of Grooby, what’s he in a Mousehole? and my old fellow Rebell Iohnee Wildman Mount Atlas stand on tiptoes where art thee? and behold a mighty stone fell from the skies into the bottome of the Sea, and gave a mighty plump, and great was the fall of that stone, and so farewell Iohnee Wildman. VVhat my Sea-green gallants, where are you all, what neither hot nor cold, neither fish nor flesh nor good Red-herring? Is your spirits sunk into your heels, or your wits into the napes of your necks? rouse up for shame and shew your selves in your kind, or else out amongst you flyes the little whisking mischievous bird, Primate and Metropolitan of all the Swallows and Martins in England; and then look to your selves.

But now to make up the jest, an Act of Grace forsooth is cast into the forge, under which they are pleased to report, that the four arch-Levelling Rebels in the Tower shall be comprised: Smile O Heavens, and clap thy hands O earth, ha, ha, ha. And must all our sins and trespasses be forgiven us now? but first what is our trespasse? The Agreement of the People! Sure there is great need of forgivenesse of so high an offence, if it be considered, who they are that therewith can be offended; indeed vice is a vertue, and only vertue a vice with hells Cabinet Juncto, and so comes Edition: current; Page: [6-477] to passe the trick of forgivenesse for us: but tell them (my friends) that little brisk Levelling Dick in the Tower hath not his integrity yet (as merry as is his worship) at so low an esteem, to desire his Liberty upon so dishonorable and base an accompt: what have I set my hand to the glorious cause of the free people of England, and engaged my carcasse in the controversie, and shall I now hang down mine head like a Bulrush and yeeld up my self for a little dirty liberty, to be turn’d out as an Evil doer to the everlasting dishonour of my cause: no, Ile dye first.

Therefore know all men by these presents, that I Richard Overton, now close prisoner in the Tower of London, out of a tender regard that I have to the Libertyes of my Country, and credit of that honorable cause, do hereby defy, renounce, abhor, detest and scorne that Act of Pardon as to my Liberty thereby, and do rather chuse continuance and encrease of Bonds, then condtionall submission or assent thereunto in the least: And hitherto as I have scorned any clandestine or open complyance with them for any selfish end whatsoever, so let this (my friends) be a witnesse betwixt you and me, and to the whole world, that I am so far from submission to their corrupt and wicked interest, that I will first eat the flesh off from my bones; first rot and perish in Goal, before I will so far bow to them, as in the least to woo them or any of their creatures, either directly or indirectly in person or by proxie for my liberty: my cause is not so bad, but with patience I can suffer till I be justly delivered without blemish or speck of infamy to the same; the honour of it, I honour above my life or liberty.

Now were I already upon the dishonourable terms of that act thrust out, it were a thousand to one, I should not keep a month out of Prison: To what end therefore should I trouble my head about my liberty, till I can be at peace, and rest when I am abroad, for without the Agreement or sufficient security for the same, I can have none. I am more at content where I am, then to be with you upon unequal terms.

Thus my truly dear, and worthy friends, I hope as concerning my integrity and constant faithfulness to what I have undertaken in behalf of the publick; I have given you clear and ful satisfaction, to the utter removal I suppose of those late jealous incoms a-amongst you: And so with my intire love and respects unto you all, with inward joy, comfort and gladness of heart in bonds for my Countrys sake, rejoycing, I rest.

Yours, and every English mans for the Agreement of the
people faithful to the death.

From my close imprisonment
in the Tower of London,

July 2. 1649.

RICHARD OVERTON.

FINIS.

Edition: current; Page: [6-478]

William Prynne

Prynne, William

16 July 1649

[20]

6.20. William Prynne, A Legall Vindication Of the Liberties of England (London, n.p., 16 July 1649).

Source

William Prynne, A Legall Vindication Of the Liberties of England, against Illegall Taxes And pretended Acts of Parliament Lately enforced on the People: Or, Reasons assigned by William Prynne of Swainswick in the County of Sommerset, Esquire, why he can neither in Conscience, Law, nor Prudence submit to the New illegall Tax or Contribution of Ninety Thousand pounds the Month; Lately imposed on the Kingdom, by a pretended Act of some Commons in (or rather out of) Parliament. London, Printed for Robert Hodges, and are to be sold by him. 1649. (London, n.p., 16 July 1649).

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Esay 1. 7. He looked for Judgment, but behold Oppression; for Righteousness, but behold a Cry.

Psal. 12. 5. For the Oppression of the poor, for the Sighing of the needy; now will I arise (saith the Lord) and will set him in safety from him that would ensnare him.

Exod. 6. 5, 6. I have also heard the groaning of the children of Israel, whom the Ægyptians keep in bondage; and I have remembred my Covenant. Wherefore say unto the children of Israel, I am the Lord, and I will bring you out from under the Burdens of the Ægyptians; and I will rid you out of their Bondage: and I will redeem you with a stretched out arm, and with great Judgments.

Eccles. 4. 1, 2. So I returned and considered all the Oppressions that are done under the Sun, and beheld the tears of such as were oppressed, and they had no Comforter; and in the hand of their Oppressors there was power, but they had no Comforter: Wherfore I praised the dead which are already dead, more then the living which are yet alive.

London, Printed for Robert Hodges, and are to be sold by him. 1649.

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REASONS Assigned

by WILLIAM PRYNNE, &c.

BEing on the 7th of this instant June 1649 informed by the Assessors of the Parish of Swainswick, that I was assessed at 2 l. 5 s. for three months Contribution, by vertue of a (pretended) Act of the Commers assembled in Parliament, bearing date the seventh of April last, assessing the Kingdom at ninty thousand pounds monthly, beginning from the 25 of March last, and continuing for six months next ensuing, towards the maintenance of the Forces to be continued in England and Ireland, and the paying of such as are thought fit to be disbanded, that so Free-quarter may be taken off; whereof 3075 l. 17 s. 1 d. ob. is monthly imposed on the County, and 2 l. 5 s. 3 d. on the small poor Parish where I live; and being since, on the fifteenth of June required to pay in 2 l. 5 s. for my proportion: I returned the Collector this Answer, That I could neither in Conscience, Law nor Prudence in the least measure submit to the voluntary payment of this illegall Tax, and unreasonable Contribution, (after all my unrepaired losses and sufferings for the publik Libertie) amounting to six times more then Ship-Money, (the times considered) or any other illegall Tax of the late beheaded King, so much declaimed against in our three last Parliaments, by some of those who imposed this. And that I would rather submit to the painfullest death and severest punishment the Imposers or Exactors of it could inflict upon me by their arbitrary power (for legall they had none) then voluntarily pay, or not oppose it in my place and calling to the uttermost, upon the same, if not better reasons, as I oppugned(a) Ship-money, Knight-hood, and other unlawfull Impositions of the late King and his Councill heretofore. And that they and all the world might bear witnesse, I did it Edition: current; Page: [6-482] not from meer obstinacy or fullennesse; but out of solid reall grounds of Conscience, Law, Prudence, and publick affection to the weal and liberty of my native Country (now in danger of being enslaved under a new vassallage, more grievous then the worst it ever yet sustained under the late, or any other of our worst Kings) I promised to draw up the Reasons of this my refusall in writing, and to publish them, so soon as possible, to the Kingdom for my own Vindication, and the better information and satisfaction of all such as are any wayes concerned in the imposing, collecting, levying or paying of this strange kinde of Contribution. In pursuance whereof, I immediatly penned these ensuing Reasons; which I humbly submit to the impartiall Censure of all conscientious and judicious Englishmen; desiring either their ingenuous Refutation, if erroneous; or candid Approbation, if substantiall and irrefragable, as my conscience and judgement perswade me they are, and that they will appear so to all impartial Perusers, after full examination.

First, By the fundamental Laws, and known Statutes of this Realm, No Tax, Tallage, Ayd, Imposition, Contribution, Loan or Assessement whatsoever, may or ought to be opposed or levied on the free men and people of this Realm of England, but by the WILL and COMMON ASSENT of the EARLS, BARONS, Knights, Burgesses, Commons, and WHOLE REALM in a free and full PARLIAMENT, by ACT OF PARLIAMENT: All Taxes, &c. not so imposed, levied (though for the common defence and profit of the Realm) being unjust, oppressive, inconsistent with the Liberty and Property of the Subject, Laws and Statutes of the Realm; as is undenyably evident by the expresse Statutes of Magna Charta, cap. 29, 30. 25. E. 1. c. 5. 6. 34. E. 1. De Tallagio non concedendo, cap. 1. 21. E. 3. Rot. Parl. n. 16. 25. E. 3. c. 8. 36. E. 3. Rot. Parl. n. 26. 45. E. 3. Rot. Parl. n. 42. 11. H. 4. Rot. Parl. n. 10. 1. R. 3. c. 2. The Petition of Right, and Resolutions of both Houses against Loans, 3 Caroli: The Votes and Acts against Ship-money, Knighthood, Tonnage and Poundage, and the Star-chamber this last Parliament, 17. & 18. Caroli. And fully argued and demonstrated by Mr. William Hackwell in his Argument against Impositions; Judg Hutton and Judg Crook in their Arguments, and Mr. St. John in his Argument and Speech against Ship-money, with other Arguments Edition: current; Page: [6-483] and Discourses of that subject: Sir Edward Cook in his 2 Instit. (published by Order of the Commons House) pag 59. 60. &c 527. 528. 529. 532. 533 &c. with sundry other Records and law-books cited by those great Rabbis of the Law, and Patriots of the Peoples Liberties. But the present Tax of Ninety Thousand pounds a Month, now exacted of me, was not thus imposed. Therefore it ought not to be demanded of nor levied on me; and I ought in conscience, law and prudence to withstand it as unjust, oppressive, inconsistent with the Liberty and Property of the Subject, Laws and Statutes of the Realm.

To make good the Assumption, which is only questionable.

First, This Tax was not imposed in, but out of Parliament, the late Parliament being actually dissolved above two months before this pretended Act by these Tax-imposers taking away the King by a violent death, as is expresly resolved by the Parliament of 1 H. 4. Rot. Parl. n. 1. by the Parliament of 14 H. 4. and 1 H. 5. Rot. Parliam. n. 26. Cook 4 Institutes p. 46. and 4. E. 4 44. b. For the King being both the Head, beginning, end and foundation of the Parliament (as Modus tenendi Parliamentum: and Sir Edward Cooks 4. Instit. p. 3. resolve) which was summoned and constituted only by his writ now(b) actually abated by his death: and the Parliament (as it is evident by the clauses of the severall Writs of Summons to(c) the Lords, and for the election of Knights and Burgesses, and levying of their wages) being onely PARLIAMENTUM NOSTRUM, the Kings Parliament that is dead not his Heirs and Successors; and the Lords and Commons being all summoned and authorized by it to come to HIS PARLIAMENT, there to be present, and conferre with HIM (NOBISCUM, not His Heirs and Successors) of the weighty urgent affaires that concerned (NOS) HIM and HIS KINGDOME of England; and the Knights and Burgesses receiving their wages for, Nuper ad NOS ad PARLIAMENTUM NOSTRUM veniendo, &c. quod sommoneri FECIMUS, ad tractandum ibidem super diversis & arduis Negotiis NOS & Statum REGNI NOSTRI tangentibus, as the tenor of the(d) Writs for their wages determines. The King being dead, and his Writ and Authority by which they are summoned, with the ends for which they were called (to confer with HIM, about Edition: current; Page: [6-484] HIS, and HIS KINGDOMS affairs, &c. being thereby absolutely determined, without any hopes of revivall; the Parliament it self must thereupon absolutely be determined likewise (especially to those who have dis-inherited HIS HEIRS and SUCCESSORS, and voted down our Monarchy it self) and these with all other Members of Parliament, cease to be any longer Members of it, being made such only by the Kings abated Writ; even as all Judges, Justices of peace, and Sheriff-made only by the Kings Writ or Commission, not by Letters Patents, cease to be Judges, Justices, and Sheriffs by the Kings death, for this very reason, because they are constituted Justiciarios & Vicecomites NOSTROS ad Pacem NOSTRAM, &c. custodiendam; and he being dead, and his Writs and Commissions expired by his death, they can be his Judges, Justices, and Sheriffs no longer to preserve HIS Peace, &c. (no more then a wife can be her deceased Husbands Wife, and bound to his obedience, from which she was loosed by his death, Rom. 7. 2, 3.) And his Heirs and Successors they cannot be, unlesse he please to make them so by his new Writs or Commissions, as all our(e) Law-books and Judges have frequently resolved upon this very reason, which equally extends to Members of Parliament, as to Judges, Justices and Sheriffs, as is agreed in 4 E. 4. 43, 44, and Brooke, Office and Officer, 25. Therefore this Tax being clearly imposed not in, but out of, and after the Parliament ended by the Kings decapitation, and that by such who were then no lawfull Knights, Citizens, Burgesses or Members of Parliament, but onely private men, their Parliamentary Authority expiring with the King, it must needs be illegall, and contrary to all the fore-cited Statutes; as the Convocations and Clergies Tax and Benevolence granted after the Parliament dissolved in the year 1640. was resolved to be by both Houses of Parliament, and those adjudged high Delinquents who had any hand in promoting it.

2. Admit the late Parliament still in being, yet the House of Peers, Earls and Barons of the Realm were no ways privie nor consenting to this Tax, imposed without, yea, against their consents in direct affront of their most ancient undubitable Parliamentary Right and priviledges, (these Tax-masters having presumed to vote down and null their very House, by their new encroached Edition: current; Page: [6-485] transcendent power) as appears by the title and body of this pretended Act, entituled by them, An Act of THE COMMONS assembled in Parliament: Whereas the House of Commons alone, though full and free, have no more lawfull Authority to impose any Tax upon the people, or make any Act of Parliament or binding Law without the Kings or Lords concurrence, then the man in the Moon, or the Convocation, Anno 1640. after the Parliament dissolved (as is evident by the express words of the fore-cited Acts, the Petition of Right it self; Acts, for the Trienniall Parliament; and against the proroguing or dissolving this Parliament, 17. Caroli: with all our printed Statutes,(f) Parliament-Rolls, and(g) Law-Books:) they neither having nor challenging the sole Legislative power in any sence and being not so much as summoned to, nor constituting members of our(h) ancient Parliaments, (which consisted of the King and Spirituall and Temporall Lords, without any Knights, (Citizens or Burgesses, as all our Histories and Records attest) till [Editor: illegible] H. 3. at soonest; they having not so much as a Speaker or Commons House, til after the beginning of King Ed. the third’s reign, and seldom or never presuming to make or tender any Bills or Acts to the King or Lords, but Petitions only for them to redress their grievances and enact new Laws, til long after Rich. the seconds time, as our Parliament Rols, and the printed prologues to the Statutes of 1. 4. 5. 9. 10. 20, 23, 36. 37. and 50. Ed. 4. 1 Rich. 2. 1. 2. 4. 5. 7. 9. 11. 13. Hen. 4. 1. 2. 3. 4. 8. 9. Hen. 3. 1. 2. 3. 4. 6. 8. 9. 10. 11. 14. 15. 29. 28. 29. 39. Hen. 6. 1. 4. 7. 8. 12. 17. 22 Ed. 4. and 1 Rich. 3. evidence (which run all in this form, At the Parliament holder, &c. by THE ADVICE and ASSENT OF THE LORDS SPIRITUALL and TEMPORALL and at THE SPECIALL INSTANCE and REQUEST OF THE COMMONS OF THE REALM, (BY THEIR PETITIONS put in the said Parliament, as some prologues have it.) Our Lord the King hath caused to be ordained, or ordained CERTAIN STATUTES, &c.) where the advising and assenting to Lawes is appropriated to the Lords; the ordaining of them to the King; and nothing but the requesting of, and petitioning for them to the Commons, both from King and Lords in whom the Legislative power principally, if not solely resided; as is manifest by the printed Prologue to the Edition: current; Page: [6-486] Statute of Merton. 20. Hen. 3. The Statute of Mortemain 7 Ed. 1. 31. Ed. 1. De Asportatis Religiosorum, the Statute of Sheriffs, 9. E. 2. and of the Templers, 17 E. 2. to cite no more. Therefore this Tax imposed by the Commons alone without King or Lords, must needs be void, illegall, and no ways obligatory to the subjects.

3. Admit the whole House of Commons in a full and free Parliament had power to impose a Tax, and make an Act of Parliament for levying it without King or Lords; (which they never did, nor pretended to in any age) yet this Act and Tax can be no ways obliging, because not made and imposed by a full and free House of Commons, but by an empty House, packed, swayed, overawed by the chief Officers of the Army, who have presumed by meer force and armed power, against law and without president, to seclude the major part of the House (at least 8 parts of 10) who by law and custom are the House it self, from sitting or Voting with them, contrary to the Freedom and priviledges of Parliament; readmitting none but upon their own terms. An usurpation not to be paraleld in any age, destructive to the very being of Parliaments;(i) Where all Members ex debito Justiciæ, should with equal Freedom meet and speak their minds: injurious to all those Counties, Cities, Boroughs, whose Knights, Citizens and Burgesses are secluded, and to the whole Kingdom; yea, contrary to all rules of reason, justice, policy, conscience, and their own Agreement of the people, which inhibit the far lesser part of any Councel, Court, or Committee, to oversway, seclude or fore-judg the major number of their Assessors and fellow-members, over whom they can no ways pretend the least jurisdiction, it being the highway to usher Tyranny and confusion into all Councels & Realms, to their utter dissolution, since the King alone without Lords and Commons, or the Lords alone without King or Commons, may by this new device make themselves an absolute Parliament to impose Taxes and enact Laws without the Commons, or any other forty or fifty Commoners meeting together without their companions do the like, as well as this remnant of the Commons make themselves a compleat Parliament without King, Lords, or their fellow-Members, if they can but now or hereafter raise an Army to back them in it, as the Army doth those now sitting.

4. Suppose this Tax should binde these Counties, Cities, and Edition: current; Page: [6-487] Burroughs, whose Knights, Citizens and Burgesses fate and consented to it when imposed, (though I dare swear imposed against the minds and wils of all or most of those they represent; (who by thek Armies new Doctrine, may justly question and revoke their authority for this high breach of Trust; the rather, because the Knights and Burgesses assembled in the first Parliament of 13. E. 3. Rot. Parl. n 8. Did all refuse to grant a great extraordinary Subsidie then demanded of them (though not comparable to this) for the necessary defence of the Kingdom against foraign Enemies, till they had conferred with the Counties and Burroughs for which they served, and gained their assents:) Yet there is no shadow of Reason, Law or Equity, it should oblige any of the secluded Members themselves, whereof I am one; or those Counties, Cities or Burroughs, whose Knights, Citizens and Burgesses have been secluded or scared thence by the Armies violence, or setling Members illegall Votes for their seclusion; who absolutely disavow this Tax and Act as un-parliamentary, illegall, and never assented to by them in the least degree; since the onely(l) reason in Law, or equity, why Taxes or Acts of Parliament oblige any Member, County, Burrough or Subject, is, because they are parties, and consenting thereunto either in proper person; or by their chosen Representatives in Parliament; it being a received Maxime in all Laws, Quod tangit omnes, ab omnibus debet approbari. Upon which reason it is judged in ourm Law-books, That By-Laws oblige onely those who are parties, and consent unto them, but not strangers, or such who assented not thereto. And (whiich comes fully to the present case) in 7. H. 6. 35. 8. H. 6. 34. Brook Ancient Demesne 20. & Parl. 17. 101. It is resolved, That ancient Demesne is a good plea in a Writ of Waste upon the Statutes of Waste, because those in ancient Demesne were not parties to the making of them, FOR THAT THEY HAD NO KNIGHTS NOR BURGESSES IN PARLIAMENT, nor contributed to their expences. And Judge Brook Parliament 101. hath this observable Note, It is most frequently found, that Wales and County Palatines, WHICH CAME NOT TO THE PARLIAMENT (in former times, which now they do) SHALL NOT BE BOUND BY THE PARLIAMENT OF ENGLAND: for ancient Demesne is a good Plea in an action of Waste, and yet ancient Demesne is not excepted: and it is enacted, 2. Ed. 6. cap. 28. That Fines and Edition: current; Page: [6-488] Proclamation shall be in Chester, for that the former Statutes did not extend to it: And it is enacted, That a Fine and Proclamation shall be in Lancaster. 15. & 6. Ed. & c. 26. And [Editor: illegible word] by a Proclamation upon an exigent is given by the Statute in Chester and Wales, 1 E. 6. c. 20. And by another Act to Lancaster, 5. & 6. E. 6. c. 26. And the Statutes of Justices of Peace extended not to Wales and the County Palatine; and therefore an Act was made for Wales and Chester, 27. H. 8. c. 5. who had Knights and Burgesses appointed by that Parliament for that and future Parliaments by Act of Parliament, 27. Hen. 8. cap. 26. since which they have continued their wages being to be levied by the Statute of 35. H. 8. c. 11. Now, if Acts of Parliament bound not Wales and Counties Palatines, which had anciently no Knights nor Burgesses in Parliament to represent them, because they neither personally nor representatively were parties and consenters to them; much leste then can or ought this heavie Tax, and illegall Act to binde those Knights, Citizens and Burgesses, or those Counties, Cities and Burroughs they represented, who were forcibly secluded, or driven away from the Parliament by the confederacy, practice, or connivance at least, of those now sitting, who imposed this Tax, and passed this strange Act; especially, being for the support and continuance of those Officers, and that Army who traiterously seised and secluded them from the House, and yet detain some of them prisoners; against all Law and Justice. The rather, because they are the far major part (above six times as many as those that sate and shut them out) and would no wayes have consented to this illegall Tax, or undue manner of imposing it, without the Lords concurrence, had they been present. And, I my self, being both an unjustly imprisonsd and secluded Member, and neither of the Knights of the County of Somerset, where I live, present or consenting to this Tax or Act, one or both of them being forced thence by the Army, I conceive neither my self, nor the County where I live, nor the Borough for which I served, in the least measure bound by this Act or Tax, but cleerly exempted from them, and obliged with all our might and power effectually to oppose them.

Object.If any here object, That by the custom of Parliament forty Members onely are sufficient to make a Commons House of Parliament Edition: current; Page: [6-489] and there were at least so many present when this Tax was imposed: Therefore it is valid and obligatory both to the secluded absent Members and the Kingdom.

Answ.I answer, First, That though regularly it be true, that forty Members are sufficient to make a Commons House to begin prayers, and businesses of lesser moment in the beginning of the day, till the other Members come, and the House be full; yet 40 were never in any Parliament reputed a competent number to grant Subsidies, passe, or read Bills, or debate or conclude matters of greatest moment; which by the constant Rules & usage of Parliament, were never debated, concluded, passed, but in a free and full House, when all or most of the Members were present, as the Parliament Rolls, Journals, Modus tenendi Parliamentum, Sir Edward Cooks 4 Instituts, p. 1. 2. 26. 35. 36. Cromptons Jurisdiction of Courts, f. 1 & c. 39 E. 37. Brook Parliament, 27. 1. Jac. c. 1. and the many Records I have cited to this purpose in my Levellers levelled, my Plea for the Lords, and Memento, p. 10. abundantly prove beyond contradiction; for which cause the Members ought to be fined, and lose their wages, if absent without special Licence, as Modus tenendi Parliamentum, 5 R. 2. Par. 2. c. 4. 9. H. 8. c. 16. and A Collection of all Orders, &c. of the late Parliament, pa. 294. 357. with their frequent summoning and fining absent Members, evidence.

Secondly, Though forty Members onely may peradventure make an House in cases of absolute necessity, when the rest through sicknes, & publick or private occasions, are voluntarily or negligently absent; and might freely repair thither to sit or give their Votes if they pleased: yet forty Members never yet made a Commons House by custome of Parliament (there being never any such case til now) when the rest (being above four hundred) were forcibly secluded, or driven thence by an army, through the practice or connivance of those forty sitting, of purpose that they should not over nor counter-vote them; much lesse an House to sequester or expell the other Members, or impose any Tax upon them. Till they shew me such a law, custom or President of Parliament not to be found in any age) all they pretend is nothing to purpose, or the present case.

Thirdly, Neither forty Members, not a whole House of Commons were ever enough in any age, by the Custome of Edition: current; Page: [6-490] Parliament, or Law of England, or impose a Tax, or make any Act of Parliament, without the King and Lords, as I have(n) already proved; much lesse after they ceased to be Members by the Parliaments dissolution through the Kings beheading; Neither were they ever invested with any legall power to seclude or expel any of their felow Members (especially, if duly elected) for any Vote wherein the Majority of the House concurred with them, or differing in their consciences and judgements from them; nor for any other cause, without the Kings and Lords concurrence (in whom the ordinary judiciall power of the Parliament resides) as I have undeniably proved by presidents and reasons in my Plea for the Lords, p. 47. to 53. and Ardua Regni, which is further evident by Claus. Dors. 7. R. 2. M. 32 & Mr. Seldens Titles of Honor. p. 737. Banneret Camoys Case, discharged from being knight of the Shire by the Kings Writ and judgment alone, without the Commons vote, because a Peer of the Realm; the practice of sequestring and expelling Commons by their fellow-Commons only, being a late dangerous, unparliamentary usurpation (unknown to our Ancestors) destructive to the priviledges and freedom of Parliaments, and injurious to those Counties, Cities, Boroughs, whose Trustees are secluded; the House of Commons it self being no Court of Justice to give either an Oath or finall Sentence, and having no more Authority to dismember their fellow-Members, then any Judges. Justices of peace, or Committees have to disjudg, disjustice, or discommittee their fellow-Judges, Justices, or Committeemen, being all of equall authority, and made Members only by the Kings Writ and peoples Election, not by the Houses, or other Members Votes; who yet now presume both to make and unmake, seclude and recal, expel and restore their fellow-Members at their pleasure, contrary to the practice and resolution of former ages, to patch up a factious Conventicle, instead of an English Parliament. Therefore this Objection no wayes invalids this first Reason; why I neither can nor dare submit to this illegal Tax in conscience, law, or prudence, which engage me to oppose it in all these Respects.

If any object, That true it is, the parliament by the common Law and Custome of the Realm determines by the Kings death; but by the Statute of 17 Caroli, which enacts, That Edition: current; Page: [6-491] this present Parliament now assembled shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose; continues this Parliament still in being, notwithstanding the Kings beheading, since no Act of Parliament is passed for its Dissolution. The only pretext for to support the continuance of the Parliament since the Kings violent death.

Answ.To this I answer, That it is a Maxime in Law, That every Statute ought to be expounded according to the intent of those that made it, and the mischiefs it intended onely to prevent, as is resolved in 4. Edw. 4. 12. 12. Edw. 4. 18. 1. H. 7. 12. 13. Plowd. Com. fol. 369. and Cooks 4. Instit. p. 329, 330. Now the intent of the Makers of this Act, and the end of enacting it, was not to prevent the dissolution of this Parliament by the Kings death (no ways intimated or insinuated in any clause thereof, being a cleer unavoydable dissolution of it to all intents not provided for by this Law,) but by any Writ or proclamation of the King, by his Regal power, without consent of both Houses; which I shall manifest by these ensuing reasons.

First, From the principal occasion of making this Act. The King (as the Commons in their* Remonstrance of the state of the Kingdom, 15 Decemb. 1642, complain) had dissolved all former Parliaments during his Reign without and against both Houses approbation, to their great discontent and the Kingdoms prejudice, as his Father King James had dissolved others in his Reign: and during their continuance adjourned and prorogued them at their pleasure. Now the fear of preventing of the like dissolution, prorogation, or adjournment of this Parliament after the Scotish Armies disbanding, before the things mentioned in the Preamble were effected by the Kings absolute power, was the only ground & occasion of this Law (not any fear or thoughts of its dissolution by the King untimely death) then not so much as imagined, being before the Warrs or Irish Rebellion brake forth) the King very healthy, not ancient, and likely then to survive this Parliament, and many others, in both Houses judgment, as appears by the Bill for trienniall Parliaments. This undeniable Truth is expresly declared by the Commons themselves in their foresaid Romonstrance; Exact Collection p. 5. 6. 14. 17. compared together; where in direct terms they affirm, The Edition: current; Page: [6-492] ABBRUPT DISSOLUTION OF THIS PARLIAMENT is prevented by another Bil, by which it is provided it shall not be dissolved or adjourned without the consent of both Houses: In the Bill for continuance of this present Parliament, there seems TO BE SOME RESTRAINT OF THE ROYAL POWER IN DISSOLVING OF PARLIAMENTS; NOT TO TAKE IT OUT OF THE CROWN, BUT TO SUSPEND THE EXECUTION OF IT FOR THIS TIME and OCCASION ONLY; which was so necessary for THE KINGS OWN SECURITY, and the publick Peace, that without it we could not have undertaken any of these great charges, but must have left both the Armies to disorder and confusion, and the whole Kingdom to blood and rapine.

In which passages we have a clear resolution of the Commons themselves, immediately after the passing of this Act; that the scope and intention of it was only to provide against the Kings abrupt dissolution of the Parliament by the meer royall power in suspending the execution of it for this time and occasion only; and that for the Kings own security, (not his Heirs and Successors) as well as his peoples peace and safety. Therefore not against any dissolutions of it by his natural (much lesse his violent) death; which can no ways be interpreted, an Act of his Royall power, which they intended hereby, not to take out of the Crown, but only to suspend the execution of it for this time and occasion, and that for his security: but a naturall impotency, or unnaturall disloyalty, which not only suspends the execution of the Kings power for a time, but utterly destroies and takes away him and it without hopes of revival for ever.

Secondly, the very title of this Act (An Act to prevent Inconveniences which may happen by the UNTIMELY adjourning, proroguing or DISSOLUTION of the present Parliament) intimates as much, compared with the body of it, which provides, as wel against the adjourning and proroguing of both or either Houses without an Act of Parliament, as against the dissolution of the Parliament without an Act. Now the Parliament cannot possibly be said to be adjourned or prorogued in any way or sence, much less untimely, by the Kings death, (which never adjourned or prorogued any Parliament,) but only by his Proclamation, Edition: current; Page: [6-493] writ, or royal command, to the Houses or their Speaker, executed during his life; as all our Journals,(‖) Parliament Rolls and(*) Law-Books resolve, though it may be dissolved by his death, as wel as by his Proclamation, writ, or royal command. And therefore this title and act coupling adjourning, proroguing and dissolving this Parliament together without consent of both Houses, by act of Parliament, intended only a dissolution of this Parliament by such Prerogative wayes and meanes by which Parliaments had formerly been untunely adjourned and prorogued as well as dissolved by the Kings meer will without their assents; not of a dissolution of it by the Kings death which never adjourned nor prorogued any Parliament, nor dissolved any formerly sitting Parliament in this Kings reign, or his Ancestors since the death of King Henry the 4th; the only Parliament we read of dissolved by death of the King since the conquest; and so a mischief not intended nor remedied by Act.

Thirdly, The prologue of the act implies as much; Whereas great sums of money must of necessity be SPEEDILY advanced & procured for the relief of HIS MAJESTIES ARMY and PEOPLE (not his Heirs or Successors) in the Northern parts: &c. And for supply of other HIS MAJESTIES PRESENT and URGENT OCCASIONS (not his Heirs or Successors future occasions) which cannot be so timely effected as is requisite, without credit for raising the said monies; which credit cannot be attained, until such obstacles be first removed as are occasioned BY FEAR, JEALOUSIES and APPREHENSIONS OF DIVERS OF HIS MAJESTIES LOYAL SUBJECTS THAT THE PARLIAMENT MAY BE ADJOURNED, PROROGUED OR DISSOLVED (not by the Kings sodain or untimely death, of which there was then no fear, Jealousy or apprehension in any his Majesties Loyal Subjects, but by his Royal Prerogative and advice of ill Councellors) before justice shall be duly executed upon Delinquents; (then in being, nor sprung up since) publique grievances (then complained of) redressed, a firm peace betwixt the two Nations of England and Scotland concluded, and before sufficient provisions be made for the repayment of THE SAID MONEYS (not others since) so to Edition: current; Page: [6-494] be raised: All which the Commons in this present Parliament assembled having duely considered, do therefore humbly beseech your Majesty, that it may be declared and enacted, &c. All which expressions, related onely TO HIS late Majesty only, not his Heirs and Successours; and the principal scope of this act, to gain present credit to raise moneys to disband the Scotish and English Armies then lying upon the Kingdom, being many yeers since accomplished; yea and justice being since executed upon Strafford, Canterbury, and other Delinquents then complained of; the publick Grievances then complained of (as Star-chamber, High-Commission, Ship-money, Tonnage and poundage, Fines for Knighthood, Bishops votes in Parliament, with their Courts and Jurisdictions and the like) redressed by acts soon after passed, and a firm peace between both Nations concluded before the Wars began; and this preamble’s pretentions for this act fully satisfied divers years before the King’s beheading; it must of necessity be granted, that this Statute never intended to continue this Parliament on foot after the Kings decease; especially after the ends for which it was made were accomplished: And so it must necessarily be dissolved by his Death.

Fourthly, This is most clear by the body of the act it self: And be it declared and enacted By The King Our Soveraign Lord, with the assent of the Lords & Commons in this Present Parliament Assembled, & by the authority of the same, That This present Parliament Now Assembled, shall not be Dissolved, unlesse it be by Act Of Parliament To Be Passed For That Purpose; nor shall any time or times During The Continuance Thereof Be Prorogued Or Adjourned, unlesse it be By Act Of Parliament to be likewise Passed For That Purpose. And that The House of Peers shall not at any time or times During This present Parliament Be Adjourned, unlesse it be By THEMSELVES; or BY THEIR OWN ORDER. And in like manner that THE HOUSE OF COMMONS shall not at any time or times DURING THIS PRESENT PARLIAMENT be adjourned unless it be BY Edition: current; Page: [6-495] THEMSELVES, or BY THEIR OWN ORDER. Whence it is undeniable, 1. that this act was only for the prevention of the untimely dissolving, Proroguing and adjourning of that present Parliament then assembled, and no other. 2. That the King himself was the Principal Member of his Parliament, yea, our Soveraign Lord, and the sole declarer and enacter of this Law, by the Lords and Commons assent. 3. That neither this Act for continuing, nor any other for dissolving, adjourning or proroguing this Parliament could be made without, but only by and with the Kings Royal assent thereto; which the Lords and Commons assembled in Parliament in their(*) Remonstrance of the 26. of May 1642: oft interminis acknowledge, together with his Negative voice to bils. 4. That it was neither the Kings intention in passing this act to shut himself out of Parliament, or create Members of a Parliament without a King, as he professed in his Εἰκων Βασιλική. c. 5. p. 27. Nor the Lords nor Commons intendment to dismember him from his Parliament, or make themselves a Parliament without him; as their foresaid Remonstrance testifies, and the words of the act import: Neither was it the Kings, Lords or Commons meaning by this act to set up a Parliament onely of Commons (much lesse of a remnant of a Commons House selected by Colonel Pride, and his Confederates of the Army to serve their turns, and vote what they prescribed) without either King or House of Peers, much lesse to give them any super-transcendent authority to vote down and abolish the King and house of Lords, and make them no Members of this present or any future Parliaments, without their own order or assent, against which so great usurpation, and late dangerous unparliamentary encroachments this very act expresly provides in this clause, That the House of Peers (wherein the King sits as Soveraign when he pleaseth) shall not at any time or times during this present Parliament be adjourned (much less then dissolved, excluded, or suspended from sitting or voting, which is the greater, and that by their inferiours in all kindes, a Fragment of the Commons House, who can pretend no colour of Jurisdiction over them, before whom they alwayes stood bare-headed, like so many Grand-Jury-men before the Judges, and attended at their Doors and Bar to know their pleasures:) Edition: current; Page: [6-496] unlesse it be by Themselves, or by their own Order. 5. That neither the King Lords nor Commons intended to set up a perpetuall Parliament, and entail it upon them, their Heirs and Successors for ever, by this Act, which would cross and repeal the Act for triennial Parliaments made at the same time, and on the same* day in Law; but to make provision only against the untimely dissolving of this, till the things mentioned in the Preamble were accomplished and setled; as the Preamble, and those oft repeated words, any time or times during the continnance of this present Parliament, conclude; and that during His Majesties Reign and life, not after his death as these words coupled with the Relief of his Majesties Army and People; and for supply of His Majesties present and urgent occasions in the Preamble manifest. Therefore this Act can no wayes continue it a parliament after the Kings beheading; much lesse after the exclusion both of the King and Lords house out of parliament by those now sitting, contrary to the very letter and provision of this Act; by which device the King alone, had he conquered and cut off, or secluded by his Forces the Lords and Commons House from sitting, might with much more colour have made himself an absolute parliament, to impose what Taxes and Laws he pleased, without Lords or Commons, on the people, by vertue of this Act, then those few Commons now sitting since his tryall and death doe. 6. The last clause of this Act; And that all and every thing or things whatsoever DONE OR TO BE DONE (to wit, by the King or His Authority) for the adjournment, proroguing or dissolving of THIS PRESENT PARLIAMENT, CONTRARY TO THIS PRESENT ACT, SHALL BE UTTERLY VOID and of NONE EFFECT: Now death, and a dissolution of this parliament by the Kings death, cannot (as to the King) be properly stiled, a Thing done, or to be done (by Him) for the adjournment, proroguing or dissolving of this parliament, contrary to this present Act; which cannot make the Kings death utterly void and of none effect, by restoring him to his life again. Therefore the dissolution of the parliament by the Kings death, is cleerly out of the words and intentions of this Act, especially so many yeers after its Enacting. 7. This present Parliament and every Member Edition: current; Page: [6-497] thereof, being specially summoned by the Kings Writ, only to be HIS Parliament and Councell, and to conferre with HIM of the great and urgent affaires concerning HIM and HIS Kingdom; and these Writs and Elections of them, returned unto HIM and HIS COURT by Indenture, and the persons summoned and chosen by vertue of them appearing only in HIS Parliament, for no other ends but those expressed in HIS WRITS; it would be both an absurdity and absolute impossibility to assert, that the Houses intended by this Act to continue this Parliament in being after the Kings beheading or death: unless they that maintain this paradox be able to inform me and those now sitting, how they can conferr and advise with a dead King of things concerning Him and His Kingdom; and that even after they have extirpated Monarchy it self, and made it Treason to assert or revive it; and how they can continue still HIS Parliament and Councell whose head they have cut off: and that without reviving or raising him from his grave, or enstalling His right Heir and Successor in His Throne to represent His Person; neither of which they dare to doe, for fear of losing their own Heads and Quarters too, for beheading him. This Tax therefore being imposed on the Kingdom long after the Kings beheading, and the Parliaments dissolution by it, must needs be illegall and meerly void in Law to all intents; because not granted nor imposed in, but out of Parliament; by those who were then no Commons nor Members of a Parliament, and had no more authority to impose any Tax upon the Kingdom, then any other forty or fifty Commoners whatsoever out of Parliament, who may usurp the like authority by this president to Tax the Kingdom or any County what they please, and then Levy it by an Army or force of Armes, to the peoples infinite, endless oppression and undoing: This is my first and principall exception against the Legality of this Tax, which I desire the Imposers and Levyers of it most seriously to consider; and that upon these important considerations from their own late Declarations.

First, themselves in their own Declaration of the 9th February, 1648. have protested to the whole Kingdom: That they are fully resolved to maintain, and shall and will uphold, preserve, and keep the fundamentall Lawes of this Nation, for, and concerning Edition: current; Page: [6-498] the PRESERVATION OF THE LIVES, PROPERTIES and LIBERTIES OF THE PEOPLE, with all things incident thereunto: which how it will stand with this Tax imposed by them out of Parliament, or their Act concerning New TREASONS; I desire they would satisfie me and the Kingdom, before they levy the one, or proceed upon the other against any of their fellow-Subjects, by meer arbitrary armed power against Law and Right.

Secondly, themselves in their Declaration, expressing the grounds of their late proceedings, and setling the present Government in way of a Free-State, dated 17. Martii, 1648. engage themselves: To procure the well-being of those whom they serve: to renounce oppression, arbitrary power, and all opposition to the peace and Freedome of the Nation: And to prevent to their power, the reviving of Tyrannie, Injustice, and all former evils (the only end and duty of all their Labors) to the satisfaction of all concerned in it. 2. They charge the late King for exceeding all His predecessors in the destruction of those whom he was bound to preserve; To manifest which they instance in The Loanes, unlawfull Imprisonments, and other Oppressions which produced that excellent Law of the Petition of Right; which were most of them again acted, presently after the Law made against them, which was most palpably broken by him almost in every part of it, very soon after His solemn Consent given unto it.(1) His imprisoning and prosecuting Members of Parliament, for opposing His unlawfull Will: and of divers(2) worthy Merchants for refusing to pay Tonnage and Poundage, because NOT GRANTED BY PARLIAMENT; yet(3) exacted by HIM expresly against Law; and punishment of many(4) good Patriots for not submitting to whatsoever he pleased to demand, though NEVER SO MUCH IN BREACH OF THE KNOWN LAW. The multitude of projects and Monopolies established by Him. His designe and charge to bring in(5) Germane-Horse, to awe us INTO SLAVERY, Edition: current; Page: [6-499] and his hopes of compleating all by His grand project of(6) Ship-money, to subject EVERY MANS ESTATE TO WHATSOEVER Proportion He Pleased To Impose Upon Them. But above all the English Army was laboured by the King to be engaged against THE ENGLISH PARLIAMENT. A thing of that(7) STRANGE IMPIETY and UNNATURALNESS for the King of England, to sheath their swords in one anothers bowels, that nothing can answer it but his owne being a Foraigner: neither could it easily have purchased belief, but by his succeeding visible actions in ful pursuance of the same. As the Kings coming in person to the(8) House of Commons to seise the five Members, whether he was followed with(9) some hundreds of unworthy debauched persons, armed with Swords and Pistols, and other Armes; and they attending at the Doore of the House, ready to execute whatsoever their Leader should command them. The oppressions of the Councell-Table, Star-Chamber, High-Commission, Court-Martiall, Wardships, Purveyances, Afforestations, and many others of like nature, (equalled, if not farr exceeded now by sundry Arbitrary Committees and Sub-Committees, to name no others in all manner of Oppressions and Injustice) concluding thus: Upon all these and many other unparalleld offences, upon his breach of Faith, of Oaths and Protestations; upon the cry of the blood of England and Ireland: upon the tears of Widows and Orphans, and childless Parents, and millions of persons undone by him, let all the world of indifferent men judg, whether the Parliament (you mean yourselves only which made this Declaration) had not sufficient cause to BRING THE KING TO JUSTICE: And Edition: current; Page: [6-500] much more you if you imitate or exceed him in all or any of these, even by your own verdit?

Hen. Martin is accomptable to the State for above 8700 l. which the Committee of accounts in two years time could never bring him to account for, and yet hath 3000 l. voted him lately for moneys pretended to be disbursed; to whom and for what, quere.3. Themselves charge the King with profuse Donations of salaries and pensions to such as were found, or might be made fit Instruments and promoters of Tyranny: which were supplied not by the legal justifiable revenue of the Crown, but by Projects and illegal ways OF DRAINING THE PEOPLES PURSES; all which mischief and grievance they say will be prevented in their free State; though the quite contrary way; as appears by the late large donation of some thousands to Mr. Henry Martin, the Lord Lisle, Commissary General Ireton and others of their Members and Instruments, upon pretence of Arrears, or Service, some of them out of the moneys now imposed for the releife of Ireland. And must we pay Taxes to be thus prodigally expended?

Fourthly, They therein promise and engage, That the good old Laws and Customs of England THE BADGES OF OUR FREEDOM (the benefit whereof our Ancesters enjoyed long before the conquest, and spent much of their blood to have confirmed by the Great Charter of the Liberties) and other excellent Laws which have continued in all former changes, and being duly executed, are THE MOST JUST, FREE and equal of any other Laws in the world; shall be duly continued and maintained by them; the LIBERTY, PROPERTY and PEACE OF THE SUBJECT BEING SO FULLY PRESERVED BY THEM, and the common interest of those WHOM THEY SERVE. And if those Lawes should be taken away, all Industry must cease; all misery blood and confusion would follow, and greater Calamities, if possible, then fel upon us by the late Kings misgovernment, would certainly involve all persons, under which they must inevitably perish.

Nota.5. They therein expresly promise. p. 26. To order the revenue in such a way, That the publick charges may be defrayed; The Souldiers pay justly and duly setled: That free-quarter may be wholy taken away and THE PEOPLE BE EASED IN THEIR BURTHENS and TAXES: And is this now all the case we feel; to have all Burthens and Taxes, thus augmented; and that against Law by pretended acts made out of Parliament, Edition: current; Page: [6-501] against all these good old Lawes and Statutes, our Liberties and Properties, which these new Tax-Masters have so newly and deeply engaged themselves to maintain and preserve without the least diminution?

Thirdly, Both Houses of Parliament joyntly, and the House of Commons severally in the late Parliament, with the approbation of all & consent of most now sitting, did in sundry(‖) Remonstrances and Declarations published to the Kingdom, not only Tax the King and his evil Counsellors for imposing illegal Taxes on the Subjects, contrary to the forecited acts; the maintenance whereof against all future violations and invasions of the Peoples Liberties and Properties they made one principal ground of our late bloody expensive wars; but likewise professed;(*) That they were specially chosen and intrusted by the Kingdom in Parliament and owned it as their duty to hazzard their own lives and estates for preservation of those Laws and liberties, and use their best endeavours that the meanest of the Commonalty might enjoy them as their birthrights, as well as the greatest Subject. That EVERY HONEST MAN (especially THOSE WHO HAVE TAKEN THE LATE PROTESTATION, and Solemn League and Covenant since) IS BOUND TO DEFEND THE LAWS and LIBERTIES OF THE KINGDOM against WIL and POWER, which imposed WHAT PAYMENTS THEY THOUGHT FIT TO DRAIN THE SUBJECTS PURSES, and supply THOSE NECESSITIES (which their ill Counsel had brought upon the King and Kingdom) And that they would be ready TO LIVE AND DYE with those WORTHY and TRUE-HEARTED PATRIOTS OF THE GENTRY OF THIS NATION and others, who were ready to lay down their lives and fortunes for the maintenance of THEIR LAWS and LIBERTIES: with many such like heroick expressions. Which must needs engage me (a Member of that Parliament, and Patriot of my Country) with all my strength and power to oppose this injurious Tax, imposed out of Parliament, though with the hazard of my life and fortunes; wherein all those late Members who have joyned in these Remonstrances are engaged by them to second me; under paine of being adjudged unworthy for ever hereafter to sit in any Parliament or to be trusted by Edition: current; Page: [6-502] their Counties and those for whom they served. And so much the rather to vindicate the late Houses honour and reputation from those predictions and printed aspersions of the beheaded King;(‖) That the maintenance of the Laws, Liberties, Properties of the People, were but only guilded dissimulations and specious pretences to get power into their own hands, thereby to enable them to destroy and subvert both Lawes, Liberties, and Properties at last. And not any thing like them, to introduce Anarchy, Democracy, Parity, Tyranny in the Highest degree, and new formes of arbitrary Government, and leave neither King nor Gentleman: all which the people should too late discover to their costs and that they had obtained nothing by adhering to add compliance with them, but to enslave and undoe themselves, and to be last destroyed. Which royal Predictions many complaine we finde too truely verified by those who now bear rule, under the Name and visour of the Parliament of England, since its dissolution by the Kings decapitation, and the Armies imprisoning and seclusion of the Members who above all others are obliged to disprove them by their answers as wel as declarations to the people, who regard not words but reall performances from these new keepers of their Liberties; especially in this FIRST YEAR OF ENGLANDS FREEDOM engraven on all their publick Seals, which else will but seal their Selfdamnation and proclaim them the Archest Impostors under Heaven.

Secondly, should I voluntarily submit to pay this Tax, and that by vertue of an Act of Parliament made by those now sitting, (some of whose Elections have been voted void; others of them elected by* new illegall writs under a new kind of Seal, without the Kings Authority, stile, or Seal, and that since the Kings beheading, as the Earl of Pembroke, and Lord Edward Howard, uncapable of being Knights or Burgesses by the Common Law and custome of Parliament, being Peers of the Realm (if now worthy such a Title) as was adjudged long since in the Lord Camoyes case, Claus. Dors. 7. R. 2. m. 32. and asserted by Master Selden in his Titles of Honor part. 2. c. 5. p. 737. seconded by Sir Edward Cook in his 4 Institut. p. 1, c, 5, 46, 47, 49.) As I should admit these to be lawfull Members, and these unlawfull void Writs to be good in Law; so I should thereby tacitly admit, Edition: current; Page: [6-503] & ex post facto assent to some particulars against my knowledg, judgment, conscience, Oaths of Supremacy, Allegiance, Protestation, and solemn League and Covenant, taken in the presence of God himself, with a sincere heart and reall intention to perform the same, and persevere therein al the days of my life, without suffering my self directly or indirectly, by whatsoever combination, perswasion or terror to be withdrawn therefrom. As first, That there may be and now is a lawfull Parliament of England actually in being, and legally continuing after the Kings death, consisting only of a few late Members of the Commons House, without either King, Lords, or most of their fellow-Commons: which the very Consciences and judgments of all now sitting, that know any thing of Parliaments, and the whole Kingdom if they durst speak their knowledg, know & beleeve to be false, yea against their Oaths and Covenant. Secondly, That this Parliament (so unduly constituted and packed by power of an Army combining with them) hath a just and lawful Authority to violate the Priviledges, Rights, Freedomes, Customs, and alter the constitution of our Parliaments themselves; imprison, seclude, expel most of their fellow-members for voting according to their consciences; to repeal what Votes, Ordinances and Acts of Parliament they please, erect new Arbitrary Courts of war and Justice to arraign, condemn, execute the King himself, with the Peers & Commons of this Realm by a new kind of Martial law contrary to Magna Charta, the Petition of Right, and Law of the Land: dis-inherit the Kings posterity of the crown, extirpat Monarchy, & the whole house of Peers, change and subvert the ancient Government, Seals, Laws, Writs, legal proceedings, Courts, and coin of the Kingdom; sell and dispose of all the Lands, Revenues, Jewels, goods of the Crowne, with the Lands of Deans and Chapters, as they think meet; absolve themselves (like so many antichristian Popes) with all the Subjects of England and Ireland, from all the Oaths and engagements they have made TO THE KINGS MAJESTY, HIS HEIRS AND SUCCESSORS: yea, from their very Oath of Allegiance, notwithstanding this express clause in it (which I desire may be seriously and conscienciously considered by all who have sworne it) I do beleeve and in Conscience am resolved, that neither the Pope, NOR ANY PERSON WHATSOEVER HATH POWER TO Edition: current; Page: [6-504] ABSOLVE ME OF THIS OATH, OR ANY PART THEREOF, which I acknowledge by good and full Authority to be lawfully ministred unto me, and DO RENOUNCE ALL PARDONS AND DISPENSATIONS TO THE CONTRARY: dispense with our Protestations, Solemn League and Covenant, so lately* zealously urged and enjoyned by both Houses on Members, Officers, Ministers, and all sorts of People throughout the Realm. dispose of all the Forts, Ships, Forces, Offices and Places of Honour, Power, Trust or profit within the Kingdom to whom they please; to displace and remove whom they will from their Offices, Trusts, Pensions, Callings, at their pleasures without any legall cause or tryall: to make what new Acts, Lawes, and reverse what old ones they think meet, to insnare, inthral our Consciences, Estates, Liberties, Lives: to create new monstrous Treasons never heard of in the world before; and declare real treasons against King, Kingdome, Parliament, to be no treasons, and Loyalty, Allegiance, due obedience to our knowne Lawes, and consciencious observing of our Oaths and Covenant (the breach whereof would render us actuall Traytors and perjurous persons) to be no lesse then High Treason, for which they may justly imprison, dismember, disfranchise, displace and fine us at their wills (as they have done some of late) and confiscate our persons, lives to the Gallowes, and our estates to their new Exchequer; (a Tyranny beyond all Tyrannies ever heard of in our Nation, repealing Magna Charta, c. 29. 5. E. 3. c. 6. 25. Edw. 3. cap. 4. 28. Ed. 3. c. 3. 37. E. c. 18. 42. E. 3. cap. 3. 25. Ed. 3. cap. 2. 11. R. 2. c. 4. 1. H. 4. c. 1. c. 2. H. 4. Rot. Par. N. 6. [Editor: illegible] 1. E. 6. c. 12. 1. Mar. c. 1. The Petition of Right, 3 Caroli and laying all our* Laws, Liberties, Estates, Lives in the very dust after so many bloody and costly years wars to defend them against the Kings invasions) rayse and keep up what forces they will by Sea and Land, impose what heavy Taxes they please, and renew, increase, multiply and perpetuate them on us as often and as long as they please, to support their own encroached, more then Regall, Parliamentall, Supertranscendent Arbitrary power over us, and all that is ours or the Kingdoms, at our private and the publique charge against our wils, judgments, consciences, to our absolute enslaving, and our three Kingdoms ruine, by engaging them one against another in Edition: current; Page: [6-505] new Civill wars, and exposing us for a prey to our Foreaign Enemies. All which, with other particulars, lately acted and avowed by the Imposers of this Tax, by colour of that pretended Parliamentary Authority by which they have imposed it, I must necessarily admit, acknowledg to be just and legall by my voluntary payment of it, of purpose to maintain an Army, to justifie and make good all this by the meer power of the Sword, which they can no wayes justifie and defend by the Lawes of God or the Realm, before any Tribunall of God or Men, when legally arraigned, as they shal one day be. Neither of which I can or dare acknowledg, without incurring the guilt of most detestable Perjury, and highest Treason, against King, Kingdom, Parliament, Laws and Liberties of the people; and therefore cannot yeeld to this Assessment.

Thirdly, the principal ends and uses proposed in the pretended Act and Warrants thereupon for payment of this Tax, are strong obligations to me, in point of Conscience, Law, Prudence, to withstand it; which I shall particularly discuss.

The first is, the maintenance and continuance of the present Army and Forces in England under the Lord Fairfax. To which I say, First, as I shall with all readiness, gratitude and due respect, acknowledg their former Gallantry, good and faithfull Services to the Parliament and Kingdom, whiles they continued dutifull and constant to their first Engagements, and the ends for which they were raised by both Houses, as far forth as any man; so in regard of their late monstrous defections, and dangerous Aposticies from their primitive obedience, faithfulness, and engagements, in disobeying the Commands, and levying open war against both Houses of Parliament, keeping an horrid force upon them at their very doors; seising, imprisoning, secluding, abusing, and forcing away their Members, printing and publishing many high and treasonable Declarations against the Institution, Priviledges, Members and Proceedings of the late, and Being of all future Parliaments; imprisoning, abusing, arraigning, condemning and executing our late King, against the Votes, Faith, and Engagements of both Houses, and dis-inheriting His posterity, usurping the Regall, Parliamentall, Magistraticall, and Ecclesiasticall power of the Kingdom to their Generall-Councell of Officers of the Army, as the supreme swaying Authority of the Kingdom, and attempting to alter and subvert the ancient Government, Parliaments, Edition: current; Page: [6-506] Laws, and Customs of our Realm: And upon serious consideration of the ordinary, unsufferable Assertions of their Officers and Souldiers uttered in most places where they Quarter, and to my self in particular, sundry times,* That the whole Kingdom, with all our Lands, Houses, Goods, and whatsoever we have, is theirs, and that by right of Conquest, they having twice conquered the Kingdom: That we are but their conquered slaves and Vassals, and they the Lords and Heads of the Kingdom: That our very lives are at their mercy and courtesie. That when they have gotten all we have from us by Taxes and Free-quarter, and we have nothing left to pay them, then themselves will seise upon our Lands as their own, and turn us and our Families out of doors: That there is now no Law in England (nor never was, if we beleeve their lying Oracle Peters) but the Sword; with many such like vapouring Speeches and discourses, of which there are thousands of witnesses: I can neither in Conscience, Law, nor Prudence assent unto, much less contribute in the least degree for their present maintenance, or future continuance, thus to insult, inslave, and tyrannize over King, Kingdom, Parliament, People at their pleasure, like their conquered Vassals. And for me in particular to contribute to the maintenance of those, who against the Law of the Land, the priviledges of Parliament, and liberty of the Subject, pulled me forcibly from the Commons House, and kept me prisoner about two months space under their Martiall, to my great expence and prejudice, without any particular cause pretended or assigned, only for discharging my duty to the Kingdom, and those for whom I served in the House, without giving me the least reparation for this unparallell’d injustice, or acknowledging their offence (and yet detain some of my then fellow-Members under custodie by the meer power of the Sword, without bringing them to Triall) would be, not only absurd, unreasonable, and a tacit justification of this their horrid violence, and breach of priviledg, but monstrous, unnaturall, perfidious, against my Oath and Covenant.

2. No Tax ought to be imposed on the Kingdom in Parliament it self, but in case of necessity, for the common good, as is clear by the Stat. of 25 E. 1. c. 6. & Cooks 2 Instit. p. 528. Now it is evident to me, that there is no necessity of keeping up this Army for the Kingdoms common Good, but rather a necessity of Edition: current; Page: [6-507] disbanding it, or the greatest part of it, for these reasons: 1. Because the Kingdom is generally exhausted with the late 7 years Wars, Plunders and heavy Taxes; there being more moneyes levied on it by both sides, during these eight last yeares, then in all the Kings Reigns since the Conquest, as will appear upon a just computation: all Counties being thereby utterly unable to pay it. 2. In regard of the great decay of Trade, the extraordinary dearth of cattell, corn, and provisions of all sorts; the charge of relieving a multitude of poor people, who starve with famine in many places, the richer sort eaten out by Taxes and Free-quarter, being utterly unable to relieve them. To which I might adde the multitude of maimed Souldiers, with the widows and children of those who have lost their lives in the Wars, which is very costly. 3. This heavie Contribution to support the Army, destroies all Trade, by fore-stalling and engrossing most of the Monies of the Kingdom, the sinews and life of Trade; wasting the provisions of the Kingdom, and enhancing their prices, keeping many thousands of able men and horses idle, only to consume other labouring mens provisions, estates, and the publick Treasure of the Kingdom, when as their employment in their Trades and callings, might much advance trading, and enrich the Kingdom. 4. There is now no visible Enemy in the field or Garrisons, and the sitting Members boast there is no fear from any abroad, their Navie being so Victorious. And why such a vast Army should be still continued in the Kingdom to increase its debts and payments, when charged with so many great Arrears and Debts already, eat up the Country with Taxes and Free-quarter, only to play, drink, whore, steale, rob, murther, quarrell, fight with, impeach and shoot one another to death as Traitors, Rebels, and Enemies to the Kingdom and Peoples Liberties, as now the Levellers and Cromwellists doe, for want of other imployments, and this for the publick Good, transcends my understanding. 5. When the King had two great Armies in the Field, and many Garisons in the Kingdom, this whole Army by its primitive Establishment, consisted but of twenty two thousand Horse, Dragoons and Foot, and had an Establishment only of about Fortie five thousand pounds a month for their pay; which both Houses then thought sufficient, as is evident by their(o) Ordinances of Febr. 15. 1644. and April 4. 1646. And Edition: current; Page: [6-508] when the Army was much increased without their Order, sixty thousand pounds a month was thought abundantly sufficient by the Officers and Army themselves, to disband and reduce all super-numeraries, maintain the Established Army and Garisons, and ease the Country of all Free-quarter; which Tax hath been constantly paid in all Counties. Why then this Tax to the Army should now be raised above the first Establishment, when reduced to twenty thousand, whereof sundry Regiments are designed for Ireland, (for which there is thirty thousand pounds a month now exacted, besides the sixty for the Army) and this for the common good of the Realm, is a riddle unto me, or rather, a Mystery of inquiry, for some mens private lucre, rather then the publick weal. 6. The Militia of every County (for which there was so great contest in Parliament with the late King) and those persons of livelihood and estates in every Shire or Corporation who have been cordiall to the Parliament and Kingdom heretofore, put into a posture of defence under Gentlemen of quality and known integrity, would be a far agreater Guard to secure the Kingdom against forreign Invasions or domestick Insurrections, then a mercenary Army of persons and souldiers of no fortunes, and that with more generall content, and the tenth part of that Charge the Kingdom is now at to maintain this Armie, and prevent all danger of the undoing pest of Free-quarter. Therefore there is no necessity to keep up this Army, or impose any new Tax for their maintenance, or defraying their pretended Arrears, which I dare averr, the Free-quarter they have taken in kinde, and levied in money, if brought to a just account, as it ought, will double, if not treble most of their Arrears, and make them much indebted to the Country. And no reason they should have full pay and Free-quarter too, and the Country bear the burthen of both, without full allowance of all the Quarters levied or taken on them against Law, out of their pretended Arrears.

Object.And if any of the sitting Tax-makers here object, That they dare not trust the Militia of the Cities and Counties of the Realm with their own or the Kingdoms defence: Therefore there is a necessity for them to keep up the Army, to prevent all dangers from abroad, and Insurrections at home.

Answ.I answer, 1. That upon these pretences these new Lords may Edition: current; Page: [6-509] intail and enforce an Army, and Taxes to support them, on the Kingdom till Dooms-day. 2. If they be real Members who make this Objection, elected by the Counties, Cities and Boroughs for which they serve, and deriving their Parliamentall Authority only from the People,See their Declaration, 17 March, 1648, pag. 1. 27. (the onely new fountain of all Power and Authority, as themselves now dogmatize) then they are but their Servants and Trustees, who are to allow them wages, and give them Commission for what they act. And if they dare not now trust the people, and those persons of quality, fidelity, and estate, who both elected, intrusted and impowred them, and are the primitive and supreme Power; it is high time for their Electors and Masters [the People] to revoke their authority, trusts, and call them to a speedy account for all their late exorbitant proceedings, and mispence of the Kingdoms Treasure; and no longer to trust those with their purses, liberties, safety, who dare not now to confide in them, and would rather commit the safeguard of the Kingdom to mercenary, indigent souldiers, then to those Gentlemen, Free-holders, Citizens, Burgesses, and persons of Estate who elected them, whose Trustees and Attourneys onely they profess themselves, and who have greatest interest both in them and the Kingdoms weal, and are those who must pay these Mercenaries, if continued. 3. The Gentlemen and Free-men of England have very little reason any longer to trust the Army with the Kingdoms, Parliaments, or their own Liberties, Laws, and Priviledges safeguard, which they have so oft invaded; professing now, that they did not fight to preserve the Kingdom, King, Parliament, Laws, Liberties and Properties of the Subject; but to conquer and pull them down, and make us conquered slaves in stead of free-men: averring, that All is theirs by conquest (which is as much as the King and his Cavaliers, or any forreign enemy could or durst have affirmed, had they conquered us by Battel:) And if so, then this Army is not, cannot be upheld and maintained for the Kingdoms and peoples common good and safety, but their enslaving, destruction, and the meer support of the usurped power, authority, offices, wealth and absolute domination only of those who have exalted themselves for the present, above King, Parliament, Kingdom, Laws, Liberties, and those that did intrust them, by the help of this trust-breaking Army, who have* lost and stained all the glory of their former noble Victories and Heroick Actions, by their late degenerous Edition: current; Page: [6-510] unworthy practices, and are become a reproach to the English Nation in all Christian Kingdoms and Churches.

The second end of this heavie Tax, is the support and maintenance of the Forces in Ireland, for which there was only twenty thousand pounds a month formerly allowed, now mounted unto thirty thousand.

To which I answer in the first place, That it is apparent by the printed Statutes of 25. E. 1. c. 6. 1 E. 3. c. 5. 7. 18. Ed. 3. c. 7. 25. Ed. 3. c. 8. 4. H. 4. c. 13. Cooks 2 Institutes p. 528. and the Protestation of all the Commons of England in the Parliaments of 1 Hen. 5. num. 17. and 7. H. 5. num. 9. That no Free-man of England ought to be compelled to go in person, or to finde Souldiers, Arms, Conduct-money, Wages, or pay any Tax for or towards the maintenance of any forreign War in Ireland, or any other parts beyond the Sea, without their free consents in full Parliament. And therefore this Tax to maintain Souldiers and the Warr in Ireland (neither imposed in Parliament, much lesse in a full and free one, as I have proved) must needs be illegall, and no ways obligatory to me, or any other. 2. Most of the ancient Forces in Ireland (as the Brittish Army, Scots and Inchiqueen’s, towards whose support the twenty thousand pounds a month was designed) have been long since declared Rebels, Traytors, Revolters, and are not to share in this Contribution: and those now pretending for Ireland, being Members of the present Army, and to be paid out of that Establishment, there is no ground at all to augment, but to decrease this former monthly Tax for Ireland, over what it was before. 3. Many of those now pretending for Ireland, have been the greatest obstructers of its relief heretofore: and many of those designed for this Service by lot, have in words, writing and print protested they never intend to go thither, and disswade others from going, yet take Free-quarter on the Country and pay too under that pretext. And to force the Country to pay Contribution and give Free quarter to such Cheaters and Impostors, who never intend this Service, is both unjust and dishonourable. 4. If the Relief of Ireland be now really intended, it is not upon the first, just and pious grounds, to preserve the Protestant party there from the forces of the bloody, Popish, Irish Rebels, with whom (if report be true) these sitting Anti-Monarchists seek and hold correspondence, and are now actually accorded Edition: current; Page: [6-511] with Owen Roe-Oneal, and his pary of bloudiest Papists; but to oppose the Kings interest and Title to that Kingdom (*setled on HIM, HIS HEIRS & SUCCESSORS FOR EVER by an express act of Parliament made in Ireland, 33. H. 8. c. 1. and by the Stat. of 1 Jac. c. 1. made in England, yet unrepealed,) and the Protestant remaining party there, adhering to, and proclaiming, acknowledging him for their Soveraign; lest his gaining of Ireland should prove fatall to their usurped Soveraignty in England, or conduce to his enthroning here: And by what Authority these now sitting can impose, or with what conscience any loyal Subject who hath taken the Oaths of Supremacy, Allegeance, and Covenant, can voluntarily pay any Contribution to deprive the King of his hereditary right, and undoubted title to the Kingdoms & Crowns of England & Ireland, and alter the frame of the ancient Government and Parliaments of our Kingdoms,p Remonstrated so often against by both Houses and adjudged High Treason in Canterburies and Straffords cases, for which they were beheaded; and by themselves in the Kings own case, whom they decolled likewise (without incurring the guilt of perjury and danger of high Treason, to the loss of his life & estate, by the very laws and Statutes yet in force transcends my understanding to conceive: Wherfore I neither can, nor dare, in conscience, law or prudence, submit to this contribution.

Fourthly, The coercive power, and manner of levying this contribution, expressed in the Act, is against the Law of the Land, and Liberty of the Subject, which is threefold.

First, Distresse and sale of the goods of those who refuse to pay it; with power to break open their Houses (which are their Castles) doors, chests, &c. to distrain; which is against Magna Charta c. 29. The Petition of Right; The Votes of both Houses in the case of Ship-mony, 1 R. 2. c. 3. and the resolution of our Judges and Law-books. 13. Ed. 4. 9. 20. E. 4. 6. Cook 5 Report, f. 91, 92. Semains case, and 4. Inst. p. 176. 177.

Secondly, Imprisonment of the body of the party till he pay the Contribution, being contrary to Magna Charta, The Petition of Right, The resolution of both Houses in the Parliament of 3. Caroli, in the case of Loans; and 17 Caroli, in the case of Ship-mony, the judgment of our Judges and Law-books, collected by Sir Edward Cook in his 2 Inst. p. 46. &c. and the Statute of 2. H. 4. Rot. Parl. n. 6. unprinted, but most expresse in point.

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Thirdly, Levying of the contribution by souldiers and force of arms, in case of resistance, and imprisoning the person by like force: adjudged High Treason in the case of the Earl of Strafford, and a levying of war within the Statute of 25. Ed. 3. by the late Parliament, for which he lost his head: and so proved to be at large by Master St. Iohn in his Argument at Law at the passing the Bill for his attainder, Printed by Order of the Commons House.

Fourthly, (Which heightens the illegality of these illegall means of levying it) if any person whose goods are destrained, or person imprisoned for this illegall tax, shall bring his Action at Law, or an Habeas corpus for his relief, the Committee of Indempnity will stay his legall proceedings, award costs against him, and commit him anew till he pay them, and release his suits at Law, and upon an Habeas corpus, their own Sworn Judges (created by them, without any Oath to do equal Justice, &c. to all: but only to be true and faithfull to their new-erected State:) dare not bayl but remaund him against Law; An oppression and Tyranny, far exceeding the worst of the Beheaded Kings; under whom the Subjects had Free-Liberty to sue and proceed at Law both in the cases of Loanes, Shipmony and Knighthood, without any Councel Table, Committee of Indempnity to stop their suits, or inforce them to release them; and therefore in all these respects (so repugnant to the Laws and Liberty of the Subject) I cannot submit to this illegall Tax, but oppugn it to the uttermost, as the most invasive as Laws and Liberties, that ever was.

Fifthly, The time of imposing this illegall Tax, with these unlawfull ways of levying it, is very considerable and sticks much with me; it is (as the Imposers of it declare and publish in many of their new kind of Acts and devices) in the first yeare of Englands Liberty, and redemption from thraldom. And if this unsupportable Tax, thus illegally to be levied, be the first fruits of our first years Freedom, and redemption from thraldom, as they stile it; how great may we expect our next years thraldome will be, when this little finger of theirs is heavier by far then the Kings whole loyns, whom they beheaded for Tyranny and Oppression?

Sixthly, The Order of this Tax (if I may so term a disorder) or rather newnesse of it, engageth me, and all lovers of their Countries Liberty, unanimously to withstand the same. It is the first, I finde, that was ever imposed by any who had been Members Edition: current; Page: [6-513] of the Commons House after a Parliament dissolved; the Lords House Voted down, and most of their fellow. Commoners secured or secluded by their connivance or confederacy with an undutifull Army. Which if submitted to, and not opposed as illegall, not only the King or Lords alone without the Commons, but any forty or fifty Commoners, who have been Members of a Parliament, gaining Forces to assist and countenance them, may out of Parliament now, or any time hereafter, do the like, and impose what Taxes and Laws they please upon the Kingdom, and the secluded Lords and Commons that once sate with them, being encouraged thereto by such an unopposed precedent. Which being of so dangerous consequence and example to the constitution and priviledges of Parliament, and Liberties of the People, we ought all to endeavour the crushing of this new Cockatrice in the shell, lest it grow to a Fiery Serpent, to consume and sting us to death, and induce the Imposers of it, to lade us with new and heavier Taxes of this kinde, when this expires (which we must expect, when all the Kings, Bishops, Deans and Chapters Lands are shared amongst them, sold and spent) as they will quickly be if we patiently submit to this leading Decoy; since(q) Bonus Actus inducit constietudinem, as our Ancestors resolved, Anno 1240. in case of an unusuall Tax demanded by the Pope; whereupon they all unanimously opposed it at first;

(r) Opprime dum nova sunt subiti mala semina morbi:

Principiis obsta; serò medecina paratur

Cum mala per longas invaluere moras,

Being the safest rule of State-physick we can follow in such new desperate diseases, which endanger the whole Body-Politick. Upon which grounds the most consciencious Gentlemen and best Patriots of their Country opposed Loans, Ship-money, Tonnage, Poundage, Knighthood, and the late illegall Impositions of the King and his Councell in the very beginnings of them, and thought themselves bound in Conscience, Law, Prudence so to do, though there were some colourable reasons and precedents of former times pretended to countenance them. And if these Worthies conceived themselves thus obliged to oppose those illegall Impositions of the King and his Councel, though countenanced by some Judges opinions as legall, to their immortal Edition: current; Page: [6-514] honour, and high esteem both in Country and Parliament, who applauded them as the* principal maintainers of their Countries Liberties; then much more ought I, and all other tenderers of their own and Countries Freedom, to oppose this illegal dangerous Contribution imposed on us by a few fellow-Subjects only, without yea against all Law or President to countenance it, being of greater consequence, and worser example to the Kingdom, then all or any of the Kings illegal projects or Taxes.

Seventhly, the excessivenesse of this Tax, much raised and encreased, when we are so exhausted, and were promised and expected ease from Taxes, both by the Army in their Remonstrance, November 20. 1648. and by the(*) Imposers of it, amounting to a sixt part, if not a moyety of most mens estates is a deep Engagement for me to oppose it; since Taxes, as well as(s) Fines and Amerciaments ought to be reasonable; so as men may support themselves and their Families, and not be undone, as many wil be by this, if seduced to pay it by Distresse or Imprisonment. Upon this ground, in the Parliament Records, of 1 and 4 Ed. the Third, we find divers freed from payment of Tenths, and other Taxes lawfully imposed by Parliament, because the People were impoverished and undone by the Warres, who ought to pay them. And in the printed Statutes of 31 Henr. 6. c. 8. 1 Mariæ c. 17. to omit others, we find Subsidies mitigated and released by subsequent Acts of Parliament, though granted by precedent, by reason of the peoples poverty and inability to pay them. Yea somtimes we read of something granted them by the King, by way of aid to help pay their Subsidies, as in 25. Edward 3. Restal, Tax 9. and 36. Ed. 3. c. 14. And for a direct president in point: When(t) Peter Rubie the Pope’s Legat in the yeer 1240, exacted an excessive unusual Tax from the English Clergie; the whole Clergy of Berk-shire (and others) did all and every of them unanimously withstand it, tendring him divers Reasons in writing of their refusal, pertinent to our time and present Tax; whereof this was one, That the Revenues of their Churches scarce sufficed to find them daily food, both in regard of their smalness, and of the present dearth of Corne; and because there were such multitudes of poore people to relieve, some of which Edition: current; Page: [6-515] dyed of Famin, so as they had not enough to suffice themselves and the poore. Whereupon THEY OUGHT NOT TO BE COMPELLED TO ANY SUCH CONTRIBUTION: which many of our Clergie may now likewise plead most truly, whose Livings are small, and their Tithes detained; and divers people of all ranks and callings, who must sell their stocks, beds, and all their houshold-stuffe, or rot in prison, if forced to pay it.

Eighthly, the principal inducement to bring on the paiment of this Tax, is a promise of taking off the all-devouring and undoing Grievance of Free quarter: which hath ruined many Countreys and Families, and yet they must pay this heavy Tax to be eased of it for the future, instead of being paid and allowed for what is already past, according to(u) former engagements. Against which I have these just exceptions.

1. That the taking of Free-quarter by Soldiers in mens Houses, is a grievance against the very Common-Law it self, which defines every mans House to be his Castle and Sanctuary, into which none ought forcibly to enter against his will; and which with his goods therein he may lawfully(x) fortifie and defend against all intruders whatsoever, and kill them without any danger of Law: Against all the Statutes concerning(y) Purveyers, which prohibit the taking of any mens goods or provisions against their wills, or payment for them under pain of Felony, though by Commission under the great Seal of England. Against the expresse Letter and Provision of the Petition of Right. 3. Caroli. Condemned by the Commons House in their(z) Declaration of the State of the Kingdom of the 15. December, 1641. and charged as an Article against King Richard the second when deposed, in the Parliament of 1 H. 4. nu. 22. Yea, it is such a Grievance, as exposeth the houses, goods, provisions, moneys, servants, children, vives, lives, and all other earthly comforts we enjoy, to the lusts and pleasure of every domineering Officer, and unruly common Souldier. Therefore absolutely to be abolished without any compensation: And to impose an unjust, heavy Tax, and induce people to pay it upon hopes of freeing them from Free-quarter, is but to impose one grievance upon pretext to remove another.

2. There have been many promises, Declarations and Orders of both Houses and the Generall, for taking off Free quarter heretofore, Edition: current; Page: [6-516] upon the peoples paying in their Contributions before-hand, now; and then none should Free-quarter on them, under pain of death: Yet no sooner have they pay’d in their Contribution, but they have been freequartered on as much or more then formerly: the Souldiers, when we tell them of any Orders against Free-quarter, slighting them as so many wast papers, and carrying themselves more unruly: And when complaint thereof hath been made to the Officers, Members, or the Committee for the Army, or in the House; answer hath still been made, That as long as there is an Army on foot, there will be freequarter taken, and there can be no prevention of it, there being a necessity of it: and when any have craved allowance of it, they have found so many put-offs and delayes, and such difficulties in obtaining it, that their expences have equalled their allowance; and after allowances made, the moneys allowed have been called for again. So as few have had any allowance for quarters, and most have given over suing for them, being put to play an after-game to sue for them after all their contributions first paid, and not permitted to deduct them out of their Contributions, as in Justice and reason they ought, which they are still enforced to pay without deduction. This pretext therefore of taking away Free-quarter, is but a shoo-horn to draw on the payment of this Tax, and a fair pretext to delude the People, as they finde by sad experience every-where, and in the County and Hundred where I reside. For, not to look back to the last yeers free-quarter taken on us (though we duly paid our Contributions,) In April and May last past, since this very Tax imposed for taking away Free-quarter, Colonel Harrisons Troopers under the command of Captain Spencer, (who quartered six days together in a place, and exacted and received most of them 3 s. others 3 s. 6 d. and the least 2 s. 6 d. a day for their Quarters, telling their Landlords, that their Lands, and the whole Kingdom was theirs) have put Bathwick, Bathford, Claverton, Combe, Hampton, Soustock, Walcot and Widcombe, small parishes in our Hundred and Liberty, as they will prove upon Oath, and given it me under their hands, to 94 li. 4 s. 3 d. charge; beside their quarters in other parishes of the Hundred, Sir Hardresse Wallers Souldiers upon pretext of collecting arrears of Contribution not due from the hundred, put it to at least 30 l. charge more for free-quarter, they being very rude and disorderly; and Edition: current; Page: [6-517] no sooner were we quit of them, but on the 22 and 23 of May last, Col. Hunks his Foot under the conduct of Captain Flower and Captain Eliot pretending for Ireland, but professing they never intended to go thither, marching from Minchead and Dunster (the next Westerne Ports to Ireland further from it to oppresse the Country, put Bathwich, Langridge, Wolly, Batheaston, Katherin and Ford to 28 l. 7 s. and Swainswick (where I live) to about 20 l. expences for two dayes Free-quarter (by colour of the Generals Order dated the first of May) being the rudest and deboistest in all kinds, that ever quartered since the Warrs, and far worse then the worst of Goring’s men, whereof some of them were the dreggs, and their Captain Flower, a Cavalier heretofore in arms (as is reported) against the Parliament. Their carriage in all places was very rude, to extort money from the people, drawing out their swords, ransacking their houses, beating and threatning to kill them, if they would not give them two shillings six pence, three shillings, three shillings six pence, or at least two shillings a day for their quarters, which when extorted from some, they took Free-quarter upon others, taking two, three, and some four quarters a man: At my house they were most exorbitant, having (as their Quarter-Master told me, who affirmed to me they had twice conquered the Kingdom, and all was theirs) directions from some great ones above, from some others in the Country (intimating some of the Committee,) and their own Officers (who absented themselves purposely, that the Souldiers might have none to controll them) to abuse me. In pursuance whereof, some thirty of them coming to my house, shouting and hollowing in a rude manner on May 22, when their Billet was but for twenty, not shewing any authority, but onely a Ticket, [Mr. Prynne—20] climbed over my Walls, forced my doors, beat my servants and workmen without any provocation, drew their swords upon me, (who demanded whose Souldiers they were, by what authority they demanded Free-quarter, my house being neither Inne, nor Ale-house; and Free-quarter against Law and Orders of Parliament, and the Generals; using man, high provoking Speeches, brake some of my windows, forced my strong-beer cellar-door, and took the key from my servant, ransacked some of my chambers under pretext to search for Arms, Edition: current; Page: [6-518] taking away my servants clothes, shirts, stockings, bands, cuffs, handkerchiefs, and picking the money out of one of their pockets; hallowed, roared, stamped, beat the Tables with their Swords and Muskets like so many Bedlams, swearing, cursing, and blaspheming at every word; brake the Tankards, Bottles, Cups, Dishes wherein they fetched strong beer against the ground, abused my maid servants, throwing beef & other good provisions at their heads, and casting it to the dogs, as no fit meat for Souldiers, and the Heads and Conquerors of the Kingdom, as they called themselves; searched the out-houses for Turkies, which they took for their eggs and young ones, Veal and Mutton being not good enough for them: They continued drinking and roaring before, at and after Supper, till most of them were mad, drunk, and some of them dead drunk under the Table. Then they must have 14 Beds provided for them (for they would lye but two in a Bed) and all their linnen washed: My Sister answering them, that there were not so many beds in the house, and that they must be content as other Souldiers had been, with such beds as could be spared; they thereupon threatned to force open her Camber door, and to pull her and her children out of their beds, unlesse she would give them three shillings a peece for their beds, and next dayes quarters; and at last forced her for feare of their violence (being all drunk) to give them eighteen pence a peece, as soon as they were forth of doors, and six pence a peece the next day, if they marched not; whereupon they promised to trouble the House no more. Upon this agreement all but eight (who were gone to bed) departed that night, and the rest the next morning. But I going to the Lecture at the Bath, some thirty of them in my absence came about ten of the clock, notwithstanding the moneys received of my Sister for their Quarters, re-entred the house, and would have Quarters again, unlesse she would give them three shillings a peece; which she refusing, they thereupon abused and beat the servants and workemen, forced them to drink with them all that day and night, swearing, cursing, roaring like so many Furies and Devils, brake open my Parlour, Milk-house, and Garden-doors, abused my Pictures and brake an hole in one of them; and hacked my Table-boards with their Swords from one end to the other, threw Edition: current; Page: [6-519] the chairs, stools, meat, drink about the house; assaulted my Sister, and her little children, and Maid-servants with their naked swords, threatning to kill them, and kick them to gelly, shot at them with their Musquets, forced them out of the house to save their lives: which I hearing of, repaired to my house, and finding them all so Bedlam mad, and that they would not hearken to any reason, nor be quieted, I thereupon rode to seek their Captain and Officers at Bath, who purposely absented themselves: and not finding them till the next morning, I acquainted the Captain then (as I had done the first night by Letter) with all these unsufferable outrages of the Souldiers (contrary to the Generals Order to carry themselves civilly in their Quarters, and abuse none in word or deed) which would render him and them odious, not onely to the Country and Kingdom, but all Officers and Souldiers who had any civility in them, and be a disparagement to the Generall, by whose Proclamation he ought to be present with his Company, to keep them in good order, under pain of cashiering: And therefore I expected and required Justice and Reparations at his hands; the rather, because I was informed by some of his own Souldiers and others, that they had not been so barbarously rude, but by his incouragement which if he refused, I should complain of him to his Superiours, and right my self the best way I might. After some expostulations, he promised to make them examples, and cashier them, and remove them forthwith from my house: But the onely right I had, was, that more of his Company repaired thither, making all the spoil they could, and taking away some brasse and Pewter, continuing there till neer four of the clock; and then marched away onely out of fear I would raise the Country upon them; many of whom profered me their assistance: but I desired them to forbear till I saw what their Officers would do; who instead of punishing any of them, permitted them to play the like Rex almost in other places where they quartered since, marching but three or four miles a day, and extorting what money they could from the Country by their violence and disorders. Now, for me, or any other to give moneys to maintain such deboist Bedlams and Beasts as these (who boasted of their villanies, and that they had done me at least twenty pounds spoil in Beer Edition: current; Page: [6-520] and Provisions, drinking out five barrels of good strong Beer, and Wasting as much meat as would have served an hundred civil persons) to be Masters of our Houses, Goods, Servants, Lives, and all we have, to ride over our heads like our Lords and Conquerours, and take Free-quarter on us, amounting to at least a full yeers contribution, without any allowance for it, and that since the last Orders against Free-quarter, and Warrant, for paying in this Tax to prevent it for the future, issued; is so far against my Reason, Judgment and Conscience, that I would rather give all away to suppresse discard them, or cast it into the fire, then maintain such graceless wretches with it to dishonour God, enslave, consume, ruine the Country and Kingdom; who every where complain of the like insolencies; and of taking Free-quarter since the ninth of June, as above two hundred of Colonel Cox his men did in Bath the last Lords day; who drew up in a Body about the Majors house, and threatened to seise and carry him away prisoner for denying to give them Free-quarter, contrary to the New Act for abolishing it. Lastly, This pretended Act implies, that those who refuse to pay this contribution without distresse or imprisonment shall be still oppressed with Free-quarter: And what an height of oppression and injustice this wil prove, not only to distrain and imprison those who cannot in conscience, Law or prudence submit to this illegall Tax, but likewise to undo them, by exposing them to Free-quarter, which themselves condemn as the highest pest and oppression, let all sober men men consider: and what reason I and others have to oppose such a dangerous, destructive president in its first appearing to the world. In few words; As long as we keep an Army on foot, we must never expect to be exempted from Free-quarter or Wars, or to enjoy any peace or setlement: and as long as we wil submit to pay contributions to support an Army, we shall be certain our new Lords and Governors will continue an Army to over-aw and enslave us to their wils. Therefore the onely way to avoid free-quarter, and the cost and trouble of an Army, and settle peace, is to deny all future contributions.

Ninthly, The principal end of imposing this Tax to maintain the Army and Forces now raised, is not the defence and safety of our ancient and first Christian Kingdom of England, its Parliaments, Edition: current; Page: [6-521] Laws, Liberties and Religion, as at first; but to disinherit the King of the Crown of England, Scotland, and Ireland, (to which he hath an undoubted right by common and Statute Law; as the Parliament of 1 Jacobi ch. 1. resolves) and to levie War against him, to deprive him of it: To subvert the ancient Monarchical Government of this Realm, under which our Ancesters have always lived and flourished, to set up a New-Republick, the oppressions and grievances whereof we have already felt (by increasing our Taxes, setting up arbitrary Courts and Proceedings to the taking away the lives of the late King, Peers, and other Subjects, against the fundamental Laws of the Land, creating new monstrous Treasons never heard of in the world before, and the like;) but cannot yet enjoy or discern the least ease or advantage by it: To overthrow the ancient constitution of the Parliament of England, consisting of King, Lords, and Commons, and the Rights and Priviledges thereof: To alter the fundamental Laws, Seals, Courts of Justice of the Realm, and introduce an arbitrary government at least, if not Tyrannical, contrary to our Laws, Oaths, Covenant, Protestation,a publick Remonstrances and Engagements to the Kingdom and forreign States, not to change the Government, or attempt any of the Premises. All which being no less then High Treason by the Laws and Statutes of the Realm (as Sir Edward Cook in his 4. Institutes ch. 1. and Mr. St John in his Argument at Law, upon passing the Bill of Attainder of the Earl of Strafford (both printed by the Commons special Order) have proved at large by many Precedents, Reasons, Records; and so adjudged by the last Parliament in the cases of Strafford and Carterbury, who were condemned and executed as Traitors by Judgment of Parliament, and some of these now sitting, but for some of those Treasons upon obscurer Evidences of guilt, then are now visible in other: I cannot submit thereto, without incurring the Crime and Guilt of these severall High Treasons, and the eternal, if not temporal punishments incident thereunto, if I should volutarily contribute so much as one penny or farthing towards such Treasonable and disloyal ends as these, against my Conscience, Law, Loyalty and Duty, and all my Oaths and Obligation, to the contrary.

Tenthly, The payment of this Tax for the premised purposes, Edition: current; Page: [6-522] will (in my poor judgment and conscience) be offensive to God and all good men, scandalous to the Protestant Religion, dishonourable to our English Nation, and disadvantagious and destructive to our whole Kingdom, hindering the speedy settlement of our Peace, the re-establishment of our Laws and Government, abolishing of our Taxes, disbanding of our Forces, revivall of our decayed Trade, by the renewing and perpetuating our bloody uncivill Warrs; engaging Scotland, Ireland, and all forreign Princes and Kingdoms in a just War against us, to avenge the death of our late beheaded King, the dis-inheriting of his posterity, and restore his lawfull Heirs and Successors to their just, undoubted Rights, from which they are now forcibly secluded; who will undoubtedly molest us with continuall Warrs (what-ever some may fondly conceit to the contrary) till they be setled in the Throne in peace upon just and honorable terms, and invested in their just possessions. Which were far more safe, honorable, just, prudent, and Christian for our whole Kingdom voluntarily and speedily to do themselves, then to be forced to it at last by any forraign Forces; the sad consequences where of we may easily conjecture, and have cause enough to fear, if we now delay it, or still contribute to maintain Armies to oppose their Titles, and protect the Invaders of them from publick Justice. And therefore I can neither in conscience, piety nor prudence, ensnare my self in the guilt of all these dangerous consequences, by any submission to this illegall Tax.

Upon all these weighty Reasons, and serious grounds of Conscience, Law, Prudence, (which I humbly submit to the Consciences and Judgments of all conscientious and Judicious persons, whom they do or shall concern) I am resolved by the assistance and strength of that Omnipotent God (who hath miraculously supported me under, and carried me through all my former sufferings for the Peoples publick Liberties with exceeding joy, comfort, and the ruine of my greatest enemies and Opposers) to oppugne this unlawfull Contrbution, and the payment of it to the uttermost, in all just and lawfull wayes, I may; And if any will forcibly levie it by distresse or otherwise, without Law or Right (as Theeves and Robbers take mens goods and Purses) let them doe it at their Edition: current; Page: [6-523] own utmost perill. I trust God and men will in due season do me justice upon them, and award me recompence for all their injuries in this kinde, or any sufferings for my Countries Liberties. How-ever, fall back, fall edge, I would ten thousand times rather lose life, and all I have, to keep a good conscience, and preserve my native Liberty, then part with one farthing, or gain the whole world with the losse of either of them; and rather die a Martyr for our Ancient Kingdom, then live a Slave under any new Republick, or remnant of a broken, dismembred, strange Parliament of Commons, without King, Lords, or the major part of the Knights, Citizens and Burgesses of the Realme, in being subject to their illegall Taxes, and what they call Acts of Parliament, which in reality are no Acts at all to binde me, or any other subject, to obedience, or just punishment for Non-obedience thereunto, or Non-conformity to what they stile the present Government of the Armies modeling, and I fear, the Jesuites suggesting, to effect our Kingdoms and Religions ruine.

William Prynne.

Swainswick,

June 16, 1649.

Psal. 26. 4, 5.

I have not sate with vain persons, neither will I go in with Dissemblers: I have hated the Congregation of evill doers, and will not fit with the wicked.

FINIS.

Edition: current; Page: [6-524]

A POSTCSRIPT.

SInce the drawing up of the precedent Reasons, I have met with a printed Pamphlet, intituled, An Epistle written the 8th day of June, by Lieutenant Colonel John Lilburn, to Master William Lenthal Speaker to the remainder of those few Knights, Citizens and Burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster, (as most fit for his and his Masters designes, to serve their ambitious and tyrannicall ends, to destroy the good old Laws, Liberties and Customs of England, the badges of our Freedom, as the Declaration against the King, of the 7th of March, 1648. p. 23. calls them) and by force of Arms to rob the people of their lives, estates and properties; and subject them to perfect vassallage and slavery, &c. who (and in truth no otherwise) pretendedly stile themselves, The Conservators of the Peace of England, or the Parliament of England, intrusted and authorized by the consent of all the people thereof, whose Representatives by Election (in their Declaration last mentioned, p. 27. they say) they are; although they are never able to produce one bit of Law, or any piece of a Commission to prove, that all the people of England, or one quarter, tenth, hundred or thousand part of them authorized Thomas Pride, with his Regiment of Souldiers, to chuse them a Parliament, as indeed it hath de facto done by this PRETENDED MOCK-PARLIAMENT: And therefore it cannot properly be called the Nations or Peoples Parliament: but Col. Prides and his Associat, whose really it is: who, although they have beheaded the King for a Tyrant, yet walk in his oppressingest steps, if not worse and higher.

In this Epistle, this late great champion of the House of Commons, and fitting Juncto’s Supremacy, both before and since the Kings beheading, who with his Brothera Overton and their Confederates, first cryed them up as, and gave them the Title of The Supreme Authority of the Nation: The onely Supreme Judicatory Edition: current; Page: [6-525] of the Land: The onely formall and legall Supreme power of the Parliament of England, in whom alone the power of binding the whole Nation by making, altering, or abrogating Laws, without either King or Lords, resides, &c. and first engaged them by their Pamphlets and Petitions, against the King, Lords, and Personall Treaty, (as he and they print and boast inb this Epistle, and other late Papers) doth in his own and his Parties behalf (who of late so much adored them, as the onely earthly Deities and Saviours of the Nation) now positively assert and prove

First, ‘Thatc Commissary General Ireton, Colonel Harrison, with other Members of the House, and the General Councel of Officers of the Army, did in several Meetings and Debates at Windsor, immediately before their late march to London to purge the House, and after at White-hall, commonly stile themselves the pretended Parliament (even before the Kings beheading) a MOCK PARLIAMENT, a MOCK POWER, a PRETENDED PARLIAMENT; & NO PARLIAMENT AT ALL: And that they were absolutely resolved and determined TO PULL UP THIS THEIR OWN PARLIAMENT BY THE ROOTS, and not so much as to leave a shadow of it; yea, and had done it, if we (say they) and some of our then FRIENDS in the House, had not been the Principal Instruments to hinder them: We judging it then of two evils the least, to chuse rather to be governed by THE SHADOW OF a PARLIAMENT, till we could get a reall and a true one (which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect) then simply, solely and onely by the will of swords-men, whom we had already found to be men of no very tender consciences.

If then these leading, swaying members of the new pretended purged Commons Parliament and Army, deemed the Parliament even before the Kings beheading, a Mock-parliament, a mock-power, a pretended Parliament, yea, no parliament at all; and absolutely resolved to pull it up by the roots as such, then it necessarily follows, First, That they are much more so after the Kings death, and their suppression of the Lords House, and purging of the Commons House to the very dregs, in the opinions and consciences of those now sitting, and all other rationall men. And no wayes enabled by Law to impose this or any other new Tax or Edition: current; Page: [6-526] Act upon the Kingdom, creating new Treasons and Penalties. Secondly, that these grand saints of the Army and Stearsmen of the Pretended Parliament knowingly sit, vote and act there against their own judgements and consciences, for their own private, pernicious ends. Thirdly, that it is a baseness, cowardize, and degeneracy beyond all expression, for any of their fellow-members now acting, to suffer these Grandees in their Assembly & Army, to sit or vote together with them, or to enjoy any Office or command in the Army, or to impose any tax upon the People to maintain such Officers, Members, Souldiers, who have thus villified, affronted their pretended Parliamentary Authority, and thereby induced others to contemn and question it: and as great a baseness in others for to pay it upon any terms.

‘Secondly he there affirms that(d) Oliver Crumwel by the help of the Army at their first Rebellion against the Parliament, was no sooner up, but like a perfidious, base, unworthy man, &c. the House of Peers were his only white boys, and who but Oliver (who before to me had called them in effect both Tyrants and Usurpers) became their Proctor, where ever he came; yea and set his son Ireton at work for them also; insomuch that at some meetings, with some of my friends at the Lord Whortons lodgings, he clapt his hand upon his breast, and to this purpose, professed in the sight of God upon his consetence, THAT THE LORDS HAD AS TRUE A RIGHT TO THEIR LEGISLATIVE & JURISDICTIVE POWER OVER THE COMMONS AS HE HAD TO THE COAT UPON HIS BACK, and he would procure a friend, viz. Master Nathaniel Fiennes, should argue and plead their just right with any friend I had in England. And not only so, but did he not get the General and Councel of War at Winsor (about the time that the Votes of no more addresses were to pass) to make a Declaration to the whole world, declaring, THE LEGAL RIGHT OF THE LORDS HOUSE, & THEIR FIXED RESOLUTION TO MAINTAIN & UPHOLD IT? which was sent by the General to the Lords by Sir, Hardresse Waller: and to indear himself the more unto the Lords in whose house without all doubt he intended to have sate himself, he requited me evil for good; and became my enemy to keep me in Prison, out of which I must not stirre, unless I would stoop and acknowledge Edition: current; Page: [6-527] the Lords jurisdiction over Commoners; and for that end he sets his agents and instruments at work to get me to do it: yet now they have suppressed them.

Whence it is most apparent, 1. That the General, Lieutenant Generall Cromwel, Ireton, Harrison, and other Officers of the Army now sitting as Members, and over-ruling all the rest, have wittingly acted against their own knowledges, Declarations, Judgments, Consciences in suppressing the Lords House; and depriving them of ther Legislative and Jurisdictive Right and power, by presuming to make Acts, passe sentences, and impose Taxes without them, or their assents in Parliament. 2. That this Tax enforced upon the Commons and Kingdom, for their own particular advantage, pay and enrichment, is in their own judgment and conscience, both unjust and directly contrary to the Laws of the Realm, being not assented to by the Lords: and therefore to be unanimously and strenuously opposed by all who love their own or Countries Liberties, or have any Nobility, or Generosity in them.

‘Thirdly, he(e) there asserts in positive terms in his own behalf, and his confederates; That the purged Parliament now sitting, is but a pretended Parliament, a mock-Parliament; yea, and in plaine English, NO PARLIAMENT AT ALL, but the shadow of a Parliament. That those Company of men at Westminster, that gave Commission to the High Court of Justice to try and behead the King, &c. were no more a Parliament by Law or Representatives of the People, by the rules of Justice and Reason, then such a company of men are a Parliament or Representative of the People, that a company of armed Theeves choose and set apart to try, judge, condemne, hang or behead any man that they please, or can prevaile over by the power of their Swords, to bring before them by force of arms, to have their lives taken away by pretence of JUSTICE, grounded upon rules meerly flowing from their Wills and Swords. That no Law in England authoriseth a company of servants to punish and correct their Masters, or to give a Law unto them, or to throw them at their pleasure out of their power, and set themselves downe in it; which is the Armies case with the Parliament, especially at Thomas Pride’s late purge, which was an absolute dissolution of the very Essence and being of the Edition: current; Page: [6-528] House of Commons: to set up indeed a MOCK-POWER, and a MOCK-PARLIAMENT; by purging out all those, that they were any way jealous of, would not Vote as they would have them; and suffering and permitting none to sit but (for the Major part of them) a company of absolute School-boys, that will, like good Boys, say their Lessons after them their Lords and Masters, and vote what they would have them: and so be a skreen betwixt them and the people, with the name of Parliament, and the shadow and imperfect image of Legal and Just Authority to pick their pockets for them by Assessments and Taxations; and by their arbitrary and tyrannical Courts and Committees (the best of which is now become a perfect Star-chamber, High-Commission, and Councel-board) make them their perfect slaves and vassals. With much more to this purpose.

If then their Principal admirers, who confederated with the Army, and those now sitting, in all their late proceedings; and cryed them up most of any, as the Parliament and supreme Authority of England before, at, and since the late force upon the House, and its violent purgation, do thus in print professedly disclaim them, for being any real Parliament or House of Commons, to make Acts or impose Taxes upon the people; the secluded Members, Presbyterians, Royallists, and all others, have much more cause and ground to disavow and oppose their usurped Parliamentary authority and illegal Taxes, Acts, as not made by any true English Parliament, but a Mock-Parliament only.

Fourthly, He therein futher avers:(f) ‘That the death of the King, in Law indisputably dissolves this Parliament, ipso facto, though it had been all the time before never so intire and unquestionable to that very hour. That no Necessity can be pretended for the continuance of it; the rather, because the men that would have it continue so long as they please, are those who have created these necessities on purpose, that by the colour thereof they may make themselves great and potent. That the main end wherefore the Members of the Commons house were chosen and sent thither, was, To treat and conferr with King Charles and the House of Peers, about the great affairs of the Nation, &c. And therefore are but Edition: current; Page: [6-529] a third part, or third estate of that Parliament, to which they were to come and joyn with, and who were legally to make permanent and binding Laws for the people of the Nation. And therefore having taken away two of the three Estates that they were chosen on purpose to joyn with to make laws, the end both in reason and law of the peoples trust is ceased: for a Minor joyned with a Major for one and the same end, cannot play Lord paramount over the Major, and then do what it please; no more can the Minor of a Major; viz. one Estate of three, legally or justly destroy two of three, without their own assent, &c. That the House of Commons sitting freely within it’s limited time, in all its splendor of glory, without the awe of armed men, neither in Law, nor in the intention of their Choosers were a Parliament; and therefore of themselves alone have no pretence in Law to alter the constitution of Parliaments, &c. concluding thus: For shame let no man be so audaciously or sottishly void of reason, as to call Tho. Prides pittifull Junto A PARLIAMENT, especially those that called, avowed, protested and declared again and again those TO BE NONE that sate at Westminster, the 26, 27. &c. of July 1647. when a few of their Members were scared away to the Army, by a few hours tumult of a company of a few disorderly Apprentices. And being no representative of the People, much lesse A PARLIAMENT, what pretence of Law, Reason, Justice or Nature can there be for you to alter the constitution of Parliaments, and force upon the people the shew of their own wills, lusts and pleasures for Lawes and Rules of Government, made by a PRETENDED EVERLASTING, NULLED PARLIAMENT, a Councel of State, or Star-Chamber and a Councel of War, or rather by Fairfax, Cromwell and Ireton.

Now if their own late confederates and creatures argue thus in print against their continuing a Parliament, Jurisdiction. Proceedings, Taxes, and arbitrary pleasures, should not all others much more doe it, and oppose them to the utmost upon the selfe-same ends?

‘Fifthly, He there likewise affirmes,(g) that those now sitting at Westminster have perverted the ends of their trusts Edition: current; Page: [6-530] then ever Strafford did: 1. In not easing the people of, (but encreasing) their greivances. 2. In exhausting their Estates to maintain and promote pernicious Designes to the peoples destruction. The King did it by a little Ship-mony & Monopolies; but since they began, they have raised and extorted more mony from the People and Nation then half the Kings since the Conquest ever did; as particularly: 1. By Excise, 2 Contributions. 3 Sequestrations of lands to an infinite value. 4. Fift part. 5 Twentyeth parts. 6 Meal-mony. 7 Sale of plundered goods. 8 Loanes. 9 Benevolencies. 10. Collections upon their fast days. 11 New impositions or customs upon Merchandize, 12 Guards maintained upon the charge of private men. 13 Fifty Subsidies at one time. 14 Compositions with Delinquents to an infinite value. 15 Sale of Bishops lands. 16 Sale of Dean and Chapters lands: and now after the wars are done. 17 Sale of King, Queen, Prince, Duke and the rest of the Childrens revenues. 18 Sale of their rich goods which cost an infinite sum. 19 to conclude all, a Taxation of ninety thousand pounds a month: and when they have gathered it pretendingly for the Common-wealths use, divide it by thousands and tenn thousands a peece amongst themselves, and wipe their mouthes after it, like the impudent Harlot, as though they had done no evill; and then purchase with it publick Lands at small or trivial values: O brave Trustees! that have protested before God and the world, again and again in the day of their straits they would never seek themselves, and yet besides all this divide all the choicest and profitablest Places of the Kingdom among themselves. Therefore when I seriously consider, how many men in Parliament and elsewhere by their Associates (that judge themselves the onely Saints and Godly men upon the earth) that have considerable (and some of them vast) estates of their own inheritance, and yet take five hundred, one, two, three, four, five thousand pounds per annum Salaries, and other comings in by their places, and that out of the too much exhausted Treasury of the Nation, when thousands not only of the people of the world, as they call them, but also of the precious redeemed lambs of Christ, are ready to starve for want of bread, I cannot but wonder with my self, whether they have any conscience at all within them or no; and what they think of Edition: current; Page: [6-531] that saying of the spirit of God, That whoso hath this worlds goods, and seeth his brother hath need, and shutteth up his bowels of compassion from him (which he absolutely doth that any way takes a little of his little from him) how dwelleth the love of God in him) 1 Iohn 3. 17. These actions and practices are so far from being like the true and reall children of the most High, that they are the highest oppression, theft and murther in the world, to rob the poor in the day of their great distresse by Excise, Taxations, &c. to maintain their pomp, superfluities and debauchery when many of those from whom they take it, do perish and starve with want & hunger in the meantime, and be deaf and Adamant-hearted to all their TEARES, CRYES, LAMENTATIONS, MOURNFUL HOWLINGS, GROANES. Without all doubt, these pretended, Godly Religious men, have got a degree beyond those Atheists or Fools, that say in their hearts, there is no God. Psal. 14. 1. and 53. 1. 3. In quite destroying the peoples essentiall Liberties Laws and Freedoms, & in leaving them no Law at all (as M. Peters their grand Teacher averred lately to my face we had none) but their meer will and pleasures; saving Fellons Laws, or Martiall Law, where new Butchers are both Informers, Parties, Jury-men and Judges, who have had their hands imbrewed in blood for above seven these years together, having served an apprentiship to killing of men for nothing but money, and so are more bloody then Butchers that kill sheep and calves for their own livelihood; who yet by the Law of England, are not permitted to be of any Jury for life and death because they are conversant in shedding of blood of beasts, and thereby through a habit of it may not be so tender of the blood of men, as the Law of England, Reason and Justice would have them to be. Yea, do not these men by their swords, being but servants, give what Laws they please to their Masters the pretended Law-makers of your House, now constituted by as good and legall a power as he that robs and kills a man upon the highway.

‘And if this be the verdict of their own Complices & Partizans concerning them & their proceedings, especially touching their exhausting our Estates by Taxes, and sharing them among themselves in the time of famine and penury (is the Edition: current; Page: [6-532] great Officers of the Army and Treasurers who are Members now doe, who both impose what Taxes they please, and dispose of them to themselves and their creatures as they please, contrary to the practice of all former ages, and the rules of reason and justice too) are not all others bound by all bonds of conscience, Law, Prudence to withstand their impositions and Edicts unto death, rather then yeild the least submission to them?

Sixthly, He there avers, proves and offers legally to make good, before any indifferent Tribunal that ‘the(h) Grandees and overruling Members of the House and Army are not only, a pack of dissembling, Jugling Knaves and Machevillians, amongst whom in consultation hereafter he would ever scorn to come, for that there was neither faith, truth nor common honesty amongst them: but likewise Murtherers; who had shed mens blood against Law, as well as the King, whom they beheaded; and therefore by the same Texts and arguments they used against the King, their blood ought to be shed by man, and they to be surely put to death without any satisfaction taken for their lives, as Traytors, Enemies, Rebels to, and(i) conspirators against the late King (whom they absolutely resolved to destroy though they did it by Martial Law) Parliament, Kingdome and the peoples Majesty and Soveraignity; That the pretended House and Army are guilty of all the late crimes in kinde, though under a new Name and notion, of which they charge the King in their Declaration of the 17. of March 1648. that some of them more legally deserve death, then ever the King did: and considering their many Oathes, Covenants, Promises, Declarations, and Remonstrances to the contrary (with the highest promises and pretences of good for the people and their declared Liberties that ever were made by men) the most perjured, pernicious, false, faith and Trust-breakers, and Tyrants that ever lived in the World: and ought by all rationall and honest men to be the most detested and abhorred of all men that ever breathed, by how much more under the pretence of friendship and brotherly kindness they have done all the mischeife they have done in destroying our Lawes and liberties; there being no Treason like Judas his Treason, who betrayed his Lord and Master with a kisse, &c. And shall we then submit to their Taxes and new Acts, or trust them with our estates, lives, liberties, and Edition: current; Page: [6-533] the supreme power, if such now in their own fate adorers eyes?

Seventhly, He there asserts,(k) That whosoever stoops to their new change of Goverment and Tyranny, and Supports it, is as absolute a Traytor both by Law and Reason, as ever was in the world; If not against the King, PRINCE CHARLES, (heir apparent to his Fathers Crown and Throne) yet against the peoples Majesty and Soveraignty. And if this be true, as it is, That this purg’d Parliament IS NO PARLIAMENT AT ALL; then there is neither legal Judges nor Justices of Peace in England. And if so, then all those that are executed at Tiburn &c. by their sentence of condemnation are meerly murthered, and the Judges and Justices that condemned them are liable in time to be hanged (and that justly) therefore for acting without a just and legal Commission: either from TRUE REGAL OR TRUE PARLIAMENTARY POWER: (except in corporations only where they proceed by ancient Charters in the Ancient Legal form).

And if this be Law and(l) Gospel (as no doubt it is) then by the same reason, not only all legal proceedings, Indictments, Judgments, Verdicts, Writs, Tryals, Fines, Recoveries, Recognisances, and the like before any of our new created Judges and Justices since the Kings beheading in any Courts at Westminster, or in their Circuits, Assisses, or quarter Sessions, held by new Commissions, with all Commissions and Proceedings of Sheriffs, are not only meerly void, illegal, & coram non judice to all intents, with all Bills, Decrees, and Proceedings in Chancery, or the Rolls; and all Judges, Justices Sheriffs, now acting, and Lawyers practising before them in apparent danger of High-Treason both against King, Kingdom, they neither taking the Oathes of Judges, Supremacy or Allegiance as they ought by Law; but only to be true and faithful to the new Erected State; but likewise all votes and proceedings before the pretended House or any of their Committees, or Sub-Committees in the Country, with all their Grants and Offices, Moneys, Salaries, Sequestrations, Sales of Lands or goods, Compositions &c. meer Nullities and illegal acts, and the proceedings of all active Commissioners, Assessors, Collectors, Treasurers, &c. and all other Officers imployed to levy and to collect this illegal tax to support that usurped Parliamentary Authority, and Army, which Edition: current; Page: [6-534] have beheaded the late King, dis-inherited his undoubted Heir, levyed war against and dissolved the late Houses of Parliament, subverted the ancient Government of this Realm, the constitution and Liberties of our Parliaments, the Lawes of the Kingdom, with the Liberty and property of the people of England, no less then High Treason in all these respects, as is fully proved by Sir Edward Cook in his 3. Institutes, ch. 1. 2. and by Mr. St. John in his Argument at Law at the attainder of the Earl of Strafford, both published by the late Commons House Order; which I desire all who are thus imployed, to consider; especially such Commissioners who take upon them to administer a new unlawful Ex-Officio Oath to any to survey their Neighbours and their own estates in every parish, and return the true values thereof to them upon the new prov’d rate for the 3 last months contribution, and to fine those who refuse to do it (a meer diabolical invention to multiply perjuries to damne mens souls, invented by Cardinal Woolly, much enveighed against by Father Latimer in his Sermons, condemned by the expresse words of the Petition of Right providing against such Oathes; and a snare to enthrall the wealthier sort of people by discovering their estates, to subject them to what future Taxes they think fit) when as the whole House of Commons in no age had any power to administer an Oath in any case whatsoever, much lesse then to conferre any authority on others to give such illegall Oathes, and fine those who refuse them, the highest kind of Arbitrary Tyranny both over mens Consciences, Properties, Liberties; to which those who voluntarily submit deserve not only the name of Traytors to their Country, but to be(m) boared through the ear, and they and their posterities to be made Slaves for ever to these new Tax masters and their Successors; and those who are any wayes active in imposing or administring such Oathes, and levying illegall Taxes by distresse or otherwise, may and will undoubtedly smart for it at last; not only by Actions of Trespasse, false Imprisonment, Accompt, &c. brought against them at the Common Law, when there will be no Committee of Indemenity to protect them from such suits, but likewise by inditements of High Treason, to the deserved losse of their Estates, Lives, and ruine of their families when there wil be no Parliament of purged Commoners, nor Army to secure, nor legal plea to acquit them from the guilt and Edition: current; Page: [6-535] punishment of Traytors both to their King and Country; pretended present sordid fear of loss of Liberty, Estate, or the like, being non excuse in such a case and time as this, but an higher aggravation of their crime: theo FEARFUL being the first in that dismall list of Malefactors, who shall have part in the lake which burneth with fire and brimstome, which is the second death; even by Christs own sentence.

John 18.34.

To this end was I born, and for this cause came I into the world, that I should bear witnesse unto the truth.

FINIS.

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Richard Overton

Overton, Richard

16 July 1649

[21]

6.21. Richard Overton, The Baiting of the Great Bull of Bashan (London, n.p., 16 July 1649).

Source

Richard Overton, The Baiting of the Great Bull of Bashan. Unfolded and presented to the Affecters and approvers of the petition of the 11. Sept. 1648. Especially to the Citizens of London usually meeting at the Whale-bone in Lothbury behind the Royal Exchange, Commonly (though unjustly) styled Levellers. By Richard Overton Close-prisoner in the Tower of London. Imprinted at London, 1649. (London, n.p., 16 July 1649).

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Psal. 22. 12. 13. Psal. 68. 28. 30.

Many Bulls have compassed me: strong Buls of Bashan have beset me round.

They opened their mouths against me as a ravening and a roaring Lion.

Strengthen O God that which thou hast wrought for us. Rebuke the Company of Spearmen, the multitude of the Bulls, with the Calves of the people til every one submit. Scatter thou the people that delight in war.

Imprinted at

London,

1649.

Richard Overton

Overton, Richard

July the ninth, 1649

Gentlemen,

BEING necessitated (by some over-sudden misdeemings from amongst you) some few dayes since to assert and avow the continuance of my integrity to those sure foundations of Peace and Freedom, offered to the people of this Nation under the forme or draught of an Agreement of the People, May 1. 1649.

It hath happened with me, as with other adventurers into the publick: All pallates are not pleased with that Sheet intituled Overtons Defiance etc. yet falleth it out no other wise then I Edition: current; Page: [6-538] expected; it seems many are weak and as many are offended, and chiefly with that figurative passage of the Bull; especially at the word Pox; but they need not much, did they but also take into their thoughts, the adulterous and wicked generation, on whom that Metaphor is made good, a people whose heart is waxed grosse, and their ears dull of hearing, having closed their eyes, least at any time they should see, hear, understand and be converted.

To such a people Christ spake not but in Parables: why then to such might not I use the Figure of the Bull of Bason, or rather of the Bull-baiting, with all the circumstances Emphasis Gratia thereunto appertaining? But ther’s uncivill language, such as becommeth not the Gospell of Christ. I answer (my Brethren) he or she (how pure or nice soever to the eye) that is not guilty of reall grosse incivilities both in word and deed, let him or her throw the first stone at that seeming incivillity, for at most you can make it but so in appearance, and no like is the same. The figure is but the shell; will you not crack the shell to take out the kernell? passe through the Parable to the Morall thereof? I, but it jears and thats not the language of Canaan; and be it so: Is it not recorded that Ellah mocked the Priests of Baal, and said, Cry aloud for he is god, either he is talking or he is pursuing his Enemy, or he is in a journey, or peradventure he sleepeth, and must be waked.

Sure this was a jear to some purpose: here Ellah bid them cry aloud etc. and ’tis justified; then why now may I not cry ha-looe-ha-looe, etc. and not be condemned? What if I had turn’d Fidler in that Paper, Christ himselfe useth the simile of a Piper, saying, we have Piped unto you and ye have not danced (Mat. II. 17.) And truly I think we (the four poor Sea-green Fidlers in the Tower) may take up the same saying, We have Piped unto you ever since the first of May, the most pleasant tune of the AGREEMENT of the PEOPLE, but yee have not danced up so roundly as so sprightly a tune deserves. But you will say (it may be) I am still in the language of Ashdod (as perchance you may take it) or that this Dialect is of Consanguinity with the other: Tis true; things (however in themselves) are to others as they are taken. He that should take the Parable of Dives and Lazarus in the bare letter (how known Cannonical soever in its own genuine sence) he must explode it the Scriptures and at best give it but a place in the Apocrypha, for the Letter or character thereof (if that must be the sense) is contradictory to the body of divinity, except you wil say, to beleeve that the rich Glutton and the Begger left not their eyes, tongues, fingers, Edition: current; Page: [6-539] etc. in the grave is Orthodox. And so of my Metaphor of the Bull, the use of the word Genitals, Pox, etc. you may say is uncivill in the Letter, but how uncivill I pray in the Morall? Know yee not that whosoever shall but fasten on the Genitors or Parents of the peoples ruine, so, as to pinch the grand Imposters and deluders of the times, he burns his Fingers, is smit with the Morbus Gallicus of the enslaving Sword; For, what’s he, that is precisely honest to the Common-wealth, that can scape persecution? As it hath been of old and is still in things spirituall, He that will live godly in Christ Jesus shall suffer persecution; so he now, that will but faithfully discharge his duty to the publick, shall be sure to be cast upon the Fiery Tryall, that Dogs mouth (as after the Metaphor) shall be sure to be burnt, and tis well he scapes hanging as the time goes.

Now I pray, to how much incivility doth this amount? Is it so worthy your second condemnings as it may not be indulg’d with a favourable eye? Love envyeth not, it judgeth the best; I had thought with two or three merry Jiggs to attempt an uproar in all the laughers in England, but I see you are a company of dull souls, mirth with you is like a Shoulder of Mutton to a sick Horse, or worse, you strait convert into malancholy, trample it under your feet, turne againe, and are (some of you) ready to rent me; He that had cast Pearls before Swine could have expected no lesse.

Indeed, you looked (many of you) upon me as in a Sownd at my close Imprisonment; but truly, when I came abroad with that ignorant Sheet, it found you in a dead sleep, as men in a Trans, portending, as if the Champions of the Eleventh of September had been Sparrow-blasted with the businesse of Burford: and I essayed, to put you out of your dumps, and mind you of the Agreement of the People as the center, or ne plus ultra of all our Engagements; but it seems it proved but as musick to the house of Mourning; yet however, it hath so far gained its end; if by it you wil not be provoked to your duties equally with us, it hath awaked you into a little discourse pro and con, though it be but to point at my weaker parts, and that’s better then nothing, if rightly applyed, for ex nihilo nil fit: by this you may take notice of your own infirmities in so wire-drawing of mine: Certainly, it may provoke you to consider of what spirits you are, not unlike such as strain at a Gnat and swallow a Camel, that usually in any discourse passe over what concemeth themselves, though of never so serious and weighty consideration in point of their duties, and betake themselves wholly to spye out the spots and infirmities Edition: current; Page: [6-540] thereof, and of the Author, and fall foul thereupon, and so sleight their duties, stifle and smother the thing that is good: And now (my tender friends) I pray tell me what Spirit is this? ’tis a foul spirit, away with’t for shame; go purge, goe purge; one penniworth of the Agreement of the people, with a little good resolution taken morning and evening, will work out this corruption, cleanse and purifie the bloud, and put a period to this distinction of parties, allay the feude and division of the people, and state us in firme Freedom, Safety and Peace; and then there will be none of this catching and carping, this lying in wait to snap at infirmities; and till the Agreement be setled, this is not to be expected.

I have known, when things as unserious as my last sheet, drest out in the youthfull attire of mirth, hath found a very large acceptance not only with you, but even with this generation of men, that are now the Enemies of the People; and I think if I have not forgot the Arrangnment of Persecution, and some other things of that nature, that I myself have been one of those who have had the honour of such acceptances: But O tempora! O Mores! how few are the same yesterday and to day? successe changeth mens minds as the wind doth the weathercock.

But (my friends) your gravity (which I am affraid hath too much of Melancholy in it) cannot more move me to a more serious Dialect, then my own affections incline me, I prize both in their places; as I affect the one, I respect the other: for sure, modest mirth tempered with due gravity makes the best composition, most naturall and harmonious: God in the temper of our natures as he hath made us Earth, so hath he enlivened that dull lump with the Element of Fire, which is the forma formans, the giver and preserver of being and motion, and the Original of that habit of laughter: Therefore Mirth sure is of Divine instinct, and I think I may boldly say, more naturall then Melancholy, and lesse savours of the Curse. Nature in its Creation was pure and good, void of corruption, or any thing obnoxious or destructive: all misery and mischiefs came in with the fall, as a Curse upon the Creature, as Death, sorrow, tears, pains, etc, in which number you may reckon Melancholy, for ’tis both unnaturall and destructive to nature, and so fitly reputed a branch of the Curse, and ’tis the root of the root of all wickednesse, Coveteousnesse; for where have you seen a Melancholy man that’s not covetous? and a covetous man seldom proves a good Common-wealths man: yet this ill Weed is gotten into so religious an esteem that all our Religion is turn’d into Melancholy; that, he Edition: current; Page: [6-541] that cannot whine, pipe, weep and hang down his head like a Bulrush and seem sad unto men, is prophane, light, hath not any thing of God in him, is a Reprobate, is condemned and censured of all, as neither fit for Church nor Common-wealth; And thus comes it to passe; my mirth is heightened to such a transgression, even to cast me under the present Anathama of the now godly party.

But my Brethren of the Sea green Order, take a little wine with your water, and Ile take a little water with my wine, and it will temper us to the best constitution. I wonder what meaneth your late dulnesse of motion, appearing as men in a dream, or as if you were another sort of people then the Authors, promoters, approvers and presenters of the Petition of the 11 of Sept. that people use to be the most active and vigorous People in England for publick Freedom and safety, they use to fear no colours, the more they were prest down the more they prest forward, and the more they encreased; few months have passed that they have not in point of Common-Right produced some eminent peece: but your heads have drooped of late, nothing hath appeared, not one punctilio in supportation and promotion of the Agreement; deep silence hath covered you; fie, fie; be not cow’d out of your abilities and principles by the present rage of the wicked: compare but the strength of your principles and the strength of an Army, and tell me which is stronger: How many persecuting powers have fallen before your principles as Dagon before the Ark? and who hath been able to stand before them, even from Episcopacy to this whited and Jesabel like painted Independency? Think you, that this unparallell’d tyranny, under this new name, more fierce and cruel then his fellows, trampling the residue under its feet, that it shall scape the vengeance of Gods wrath more than its Predecessors? no, no; Gods Motto is Semper Idem. Be not therefore dismayed or daunted at the height and magnificence of this insolent faction, the new sons of Perdition, that are set up to deceive if it were possible the very Elect.

It is your own evill and weaknesses and of those that are Professors and pretenders to the same principles with you, that our Cause is thus under a Cloud: would you all act together, all suffer together, all be as one; and not thus (as some amongst you Commonally use) hang back in the adversity, and be seen in the Van of Prosperity (not daring when the storme rageth, to peep into the tempest for fear of being blowne away) we should not be at this passe with our Cause.

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Where there is any thing of venture or hazard, while ’tis in the Embrio, who’s not then busie and forward? but when ’tis put upon the personall test for execution, O then one hath bought a piece of ground, and must be excused; another a yoke of Oxen, and he must goe see them; and a third hath marryed a wife and therefore must please her.

Friends, be not offended, this is a crime deserves your repentance; I condemn you not all, it is but some few; A little Leaven you know leaveneth the whole Lump; therefore do ye beware of the Leaven of the pharisees, it much retardeth your motions and blasteth their fruits; the publick is a loser thereby, and your Cause receiveth dammage: let those whom this pincheth, be thereby provoked to amendment, it is worthy their care: For know you not, that it is many hands make light work? If the stresse or weight of the work be laid upon one, or some 3 or 4, it must needs goe on slowly: Why, is not he that’s most backward as forward as the best? it is his Cause as much as it is any mans, and thereto in duty as much obliged as any. We are no more concerned than your selves, ’tis but upon the point of common duty (which binds all) to our Country, that we suffer, and we count it our Joy, for that we know we suffer for well-doing, and though we perish in the Work, our Reward shall goe with us, for our Redeemer liveth, and that is our stay. Therefore why stand you still, and are not provoked to this good Emulation; be as active and vigilant, and you shall share in the rejoycing, and ’tis such (I must tell you my Friends) is worth your having; Dulce est pro patria pati.

Fear not those Hils and Mountains that are in your way; it is but your want of faith that they are not removed, and cast into the bottome of the sea: While you lift up your heads, are vigorous and active, your principles present you as Steeples above the rest of the people; every man is a strong Barricado in the way of the Enemy, and your principles flourish and get ground but when you are fearfull, are flat or remisse, then they retire and fade; for they are said to increase or diminish, as they get or lose ground in the understanding or acceptance of others: And this ever take as a sure Rule, That the most vertuous and saving principles in a person most undaunted and faithfull, the more they are supprest, and the more he is persecuted, the more they prosper and spread; of so mighty an efficacy are his sufferings and testimony; as, in the case of Paul is witnessed. Now I would (saith he) ye should understand, Brethren, that the things that hapned unto me, have Edition: current; Page: [6-543] faln out rather to the furtherance of the Gospel; so that my bonds in Christ are manifest in all the Pallace, and in all other places, and many of the Brethren the Lord waxed confident by my Bonds, are much-more bold to speak the Word without fear: And this is all the persecutor gaineth upon the undaunted Asserters of righteousness; his own sword is turned into his own bowels: persecution, as the Viper, devoureth its own parent. Then faint ye not (my friends) rouse up your heads and be valiant; lift up your Agreement of the people again, and put it upon the publick stage for promotion and subscription, and doubt not: What man that there is amongst you, that is fearfull and faint-hearted, let him depart your Meetings, and return to his house: the more the Enemy stormeth, the more resolute and vigorous be ye; give them enough of persecution; the more they persecute, the more doe ye appear, that your Bands may be famous; for with fetters, Irons, and prison walls you may shake them to pieces; ’tis their tyrannies, cruelties and oppressions must be their Fall, through which you must eat your way for the Agreement.

I highly honor the fidelity and valor of Mr. Chrestopher Chisman, who notwithstanding his Imprisonment, his abuses and sufferings, hath not wrapt up his talent in a napkin, but like a good and faithful servant hath improv’d his imprisonment to the publick advantage; see his Book, entituled, The Lamb contending with the Lion, ’tis worthy your imitation. Let your light (as his) so shine before men, that they may see your good Works, and glorifie your Cause; fear no dangers; the high and mighty Cedars are never able to overtop your principles; what though Ambition hath mounted to the title of Lord Govenour (forsooth) hath not your vigorous principles slain both the Lyon and the Bear, and shall not this uncircumcised Philistine be as one of them?

But (my friends) I am informed those painted Sepulchers of Independency desire your complyance and treaty with them: But touch pitch, and you shall be defiled, have nothing to do with them; touch not, tast not, handle not, which all are to perish with the using; Remember the fidelity of Uriah to David: The Ark, and Israel, and Judah abide in Tents, and my Lord Joab, and the servants of my Lord are encamped in the open fields, shall I then go into my house, to eat and to drink, and to lye with my wife? As thou livest and as thy soul liveth, I wil not do this thing. Your Agreement lyeth half dead in the streets, your friends and Edition: current; Page: [6-544] its assertors are in prison, with sentinels at their doors, denied the access and visitation of friends, have the catch-poles of the Counsel of State enter their chambers when they are in bed, with Musketteers at their heels, search, rifle, catch and take away any thing that any way they may wrest unto their bloody ends against them, as formerly, and now, the other day (July 4.) they have done, and all the land mourneth and groaneth at the calamity and miseries upon it for want of the settlement of a just constitution of Government; and shall you go unto them (those pests and vipers of the Nation) to treat or comply? As you live and as your soul liveth you must not do this thing.

While your agreement is trod under their feet, your friends under their cruel captivity, etc. let him that treateth with them amongst you, or with any of their creatures, or keepeth any correspondency with them, be to you as a Reprobate, let the Marke of Cain be set upon him, that every finger may point at him for a Traytor, and a Judas to the people that meeteth him.

If a wife or child be like to be destroyed by fire, water, or thieves, he accounts himself base that dare not venture his own life to save theirs: our cause is of a more transcendent value, and we suffer for it; and can you see it destroyed in us, and we for it, and not be as naturall as in a private relation? the lives, liberties, and freedomes of all is contained in it? If your neighbours Oxe or his Asse were in a ditch, it is a shame to passe by and not to help; and behold, here’s all in the ditch, then, why venture you not your time, your labours, your monies, etc. to redeeme out all, our Cause, the nation, and us in it, and with it.

I confesse no people in England have been more vigorous, more active and diligent, and more adventurous for the Cause of the Nation, and for our Liberties than most of you: we have been as precious to you as the apple of your eye; you have spared no hazard, no toyle or time to get us at freedome, and I hope we shall never be so ungratefull as not thankfully to remember that service of Love: To you we are obliged in the deepest obligations of any others in England.

But now considering the extream necessity of your still constant unwearied prosecution, I have emboldened my self to presse you forward to the good work of the people, that at this time you may be as vigilant and industrious as at any other, that publick life and spirit may still be preserved and encreased in our cause, even in these worst of times.

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And if I have been a little too sharp in my advice, and admonishment, impute it I pray you to the heat of my zeal and ardent affections to the promotion of that Cause; for truly to me it is as the life of my life; without it I’m nothing, with it I live, and therein am

Yours and every mans as my own

RICHARD OVERTON

From my close imprisonment in the tower of London

July the ninth, 1649.

FINIS.

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John Lilburne

Lilburne, John

10 August 1649

[22]

6.21. John Lilburne, An Impeachment of High Treason against Oliver Cromwel, and his Son in Law Henry Ireton Esquires (London, n.p., 10 August 1649).

Source

John Lilburne, An Impeachment of High Treason against Oliver Cromwel, and his Son in Law Henry Ireton Esquires, late Members of the late forcibly dissolved House of Commons, presented to publique view; by Lieutenant Colonel Iohn Lilburn close Prisoner in the Tower of London, for his real, true and zealous affections to the Liberties of his native Country. In which following Discourse or Impeachment, he engageth upon his life, either upon the principles of Law (by way of indictment, the only and alone legall way of all tryals in England) or upon the principles of Parliaments ancient proceedings, or upon the principles of reason (by pretence of which alone, they lately took away the Kings life) before a legal Magistracy, when there shal be one again in England (which now is the leasst there is not) to prove the said Oliver Cromwel guilty of the highest Treason that ever was acted in England, and more deserving punishment and death.. Imprinted at London, Anno Dom. 1649. (London, n.p., 10 August 1649).

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Then the 44 Judges hanged for injustice by King Alfred before the Conquest; or then the Lord chief Justice Wayland and his associates tormented by Edw. 1. Or, then Judg Thorpe, condemned to dye for Bribery in Edw. 3. time; Or, then the two dis-throned Kings. Edw 2. and Rich. 2. Or, then the Lord chief Justice Tresillian, (who had His throat cut at Tyburn as a Traitor in Rich. 2. time, for subverting the Law) and all his associates; Or, then those two grand Traytorly subverters of the Laws and Liberties of England, Empson and Dudley, who therefore as Traytors lost their heads upon Towerhill, in the beginning of Henr. 8. raign; Or, then trayterous Cardinal Wolsey, who after he was arrested of Treason, poysoned himself; Or, then the late trayterous Ship-Money Judges, who with one Verdict or Judgment destroyed all our propertie; Or, then the late trayterous Bishop of Canterbury, Earl of Strafford, Lord-Keeper Finch, Secretary V. Vindebanck, or then Sir George Ratcliff, or all his Associates; Or, then the two Hothams, who lost their heads for corresponding with the Queen, &c. Or, then the late King Charls whom themselves have beheaded for a Tyrant and Waytor.

In which are also some Hints of Cautions to the Lord Fairfax, for absolutely breaking his solemn Engagement with his souldiers, &c. to take head and to regain his lost Credit in acting honestly in time to come; in helping to settle the Peace and Liberties of the Nation, which truly, really, and lastingly can never be done, but by establishing the principles of the Agreement of the Free People; that being really the peoples interest, and all the rest that went before, but particular and selvish.

In which is also the Authors late Proposition sent to Mr Holland, June 26. 1649. to justifie and make good at his utmost hazard (upon the principles of Scripture, Law, Reason, and the Parliament and Armies ancient Declarations) his late actions or writings in any or all his Books.

Ier. 5. 26, 27, 8, 29. For among my peoyle are found wicked men: they lye in wait as he that setteth snares, they set a trap, they catch men. As a cage usefull of Birds, so are their houses full of deceit; therefore they are become great, and waxen rich. They are waxen fat, they shine; yea, they overpass the deads of the wicked; they judg not the cause, the cause of the Fatherless, yet they prosper; and the right of the needy doe they not judg. Shall I not visit for those things, saith the Lord? Shall not my soul be avenged of such a Nation as this?

Imprinted at London, Anno Dom. 1649.

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Iohn Lilburn

Lilburn, Iohn

The Author to the Courteous Reader.

COurteous Reader, There wanting room at the conclusion of this Discourse to make a Postscript, I am necessitated to make it upon the back of the Title page, that being the last printed; and to acquaint thee, that divers weeks agoe, this discouse was all in a manner printed, which I have been necessitated to keep in ever since, by reason of a little liberty I obtained of the day time to visit my sick and distressed family, which by sicknes have been sorely afflicted by the wise hand of him that dispenseth all his dealings to those that truly know him in mercy and loving kindnesse, with the bowels of a loving father; yea, in afflictions (his seeming frowns) hath that end in them to draw the souls of his nigher and closer to himself, and that thereby they may truly and substantially see that in the naked injoyment of himself, that is not to be found in all earthly or creature objects or delights; and his wise hand having thought it fit to exercise my faith and patience by taking away both my Sons from me, who were the greatest part of my earthly delight in this world, and brought my wife and daughter even to deaths door; which affliction I must truly acknowledge made me unfit to think almost of any earthly thing, and became unto me a greater tryall of my dependence upon God, then ever I had in my life; especially, being not alone by my self, but a company like Jobs, with many other bitter ones: but my sweet father letting me see his hand in it, and being merciful to me in sparing and recovering my wife and daughter, and hath as it were brought my spirit to its selfe, which hath made me wait for a righteous and hoped for composure betwixt my unrighteous adversaries and my self, and (which if it had come I had burnt this discourse) in whose promises I constantly find nothing but meer delusions: and therefore am compelled in my own spirit to let this fly; and the rather, because Sir Arthur Haflerig, and Colonel Fenwick treacherously and theevishly have not only without any pretence of Law and Justice but their meer wills seized upon above 1000l. of my estate in the North, but also most maliciously detaine it in their hands, and are so resolved to do; which action tends to the apparent ruine and destruction of me and the rest of my Family remaining alive, whose wickednesse in this particular, &c. I have hinted at in the following discourse, pag 6. 8. as also in the 12 page of the late second edition of my Book. Entituled, The legall Fundamentall Liberty of the People of England revived (the 2 last pages of which I also intreat the Reader carefully to peruse) which with other grand oppressions both general and particular remaining upon me in severall particulars; and also seing no rationall hopes of any just composure; I am resolved (being I am in manner a weary of any thing I can see abroad) through the assistance of God to be as prodigall of my pen and life for the future as my bloody and tyrannicall adversaries are of their oppression, cruelty, tyranny and blood-thirstines, and so I rest this Present August 1649. as much as ever

Iohn Lilburn.

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John Lilburn

Lilburn, John

17. of July, 1649

To all the Affectors and Approvers in England, of the London

Petition of the eleventh of September, 1648. but especially to the owners of it, by their subscriptions, either to it, or any other Petition in the behalf of it; and particularly to the first promoters of it, my true Friends, the Citizens of London, &c. (continuing [Editor: illegible word] in their principles, by Offices, Places, or other base bribes or rewards) usually meeting at the Whalbone in Lothbury, behinde the Royal Exchange commonly (but most unjustly) stiled Levellers.

Gentlemen, and worthy Friends,

IT is the saying of the Spirit of God, Prov. 17. 17. That a friend loveth at all times, and a brother is born for adversity. And Prov. 18. 14. There is a friend that sticketh closer then a brother; the last of which sayings, I am able by experience to seal to the truth of; and even amongst you, I have found some, that in the burning heat of the day of my Adversity have stuck closer to me, then my brother; which was not onely largely manifested by your Petitioning for me, when I was prisoner in Newgate, about four yeers ago, and by your effectual Petitioning for me last year, which was the histrumental means of my deliverance out of an almost three years captivity; But also your late unwearied pains taken for me, &c. in divers Petitions of a hazardous nature, at the beginning of my present captivity; which though fruitless in themselves, as to my liberty; yet are strong demonstrations of the continuance of your zealous afflictions to me in particular and to the Liberties of the Land of your nativity; for which I suffer, and am in bonds.

But hearing that you had some thoughts of new motions for me, and my fellow prisoners, I judg it a fit opportunity for me, to visit you with a few lines, and to acquaint you how things at present stand with me. I beleeve the most of you have seen, if not read my late Book of the eight of June, 1649. Intituled, The legal fundamental Liberties of the people of England, revived, affected, and vindicated, in which, from the 43 page to the 59. page. I have fully, both by Law and Reason, undeniably and unanswerably proved, That the present Juncto sitting at Westminster, are no Parliament at all, in any sense, either upon the principles of Law, or Reason, but are a company of usurping Tyrants, and destroyers of your Laws, Liberties, Freedoms, and Properties, sitting by vertue of the power, and conquest of the Sword; from whom, if we will believe their Oracle Mr. John Cook, we may, and ought, if we can, to deliver our selves. His words in the Kings Case stated page 10. are, That all people that live at the beck and nod of Tyrannical men, may and ought to free themselves from that Tyranny if and when they can; for such Tyrants, that so domineer with a rod of Iron, do not govern by Gods permissive hand of approbation or benediction, but by the permissive hand of his providence, suffering them to scourge the people, for ends best known unto himself, until he open a way for the people to work out their own infranchisements.

And in page 22. (saith he) Conquestionely makes title amongst Wolves and Bears, but not amongst men: And in page 8. That a man ruling by Lust, and not by Law, is a Creature that was never of Gods making, nor of Gods approbation, but his permission; and though such men are said to be gods on Earth, its in no other sense, then the Devil is called, the god of this world.

The same Note also the great men of the Army sing, in their late Remonstrance from Saint Albans, Novemb. 16. 1648. p. 48. 67. and in page 22. they say. That when a Magistrate intrusted with a power to protect and preserve the peoples Rights and Liberties, shall rise to the assuming hurtful powers, which he never had committed to him, and indeed, to take away all those foundations of Right and Liberty, and of redress, or remedy too, which Edition: current; Page: [6-550a] the people have reserved from him, and to swallow up all into his own absolute will and power, to impose or take away, yea, to destroy at pleasure; and declaring all appeal herein, to the established equal Judgment, or to any other Judgment of men at all, shall flie to the way of Fame, upon the trusting people (which both Cromwel and Ireton, &c. have already, as really done, as ever the King did,) and by it attempt to uphold and establish himself in that absolute tyrannical power, so assumed over them; and in the exercise thereof at pleasure, such a person in so doing, does forfeit that trust and power he had, and absolve the people thereby, from the Bonds and Covenant of Peace betwixt him and them; does set them free to take their best advantage, and (if he fall within their power) to proceed in judgment against him, even for that alone, if there were no more; of all which, in the evil part of it, in the highest, the chief Authors of that Remonstrance are guilty: Therefore out of thy own mouth will I judg thee, thou wicked servant, saith Christ, Luke 19. 22. And saith Paul to his, One of themselves, even a Prophet of their own said, The Cretians are always bers, evil Beasts, slow Bellies: this witness is true; therefore———&c.

Now I say, considering that which is before declared, I cannot upon any terms in the world, either with safety, justice or conscience, as things stand with me at present, give my consent, but hinder as much as I am able, all addresses from you, or any others for me, that shall own those usurping Tyrants as a Parliament, especially by Petition, which was a course (saith the pretended Parliament Solicitor against the King, in his Case stated, page 24.) which Gods people did not take with Rehoboam, for they never Petitioned him (although he was their lawful and supreme Magistrate) but advised him; he refusing their counsel, and hearkened to young and wicked Counsellors, and they cry out, To thy Tents O Israel, and made quick and short work of it.

But I shall rather desire and advise you; by Letter like your selves, address your selves to the Lord Fairfax; by the sword of whom and his Souldiers, I am now in prison for my honesty and innocency, and nothing else, and demand my liberty of him; if he refuse, print it, and do as God, and Reason shall direct you; for it was his and his Souldiers force that fetcht me out of my Bed, the 28 of March, 1649 without all shadow of Law or Justice, and against the tenor of all their own Declarations; the particular pages of which, you may read in my following Letter to Mr. Holland, page 5. And by force of Arms, carryed me to Whitehal, and then to Derby house, before a company of men, that in Law had no more power to commit my body to prison, then so many theeves and robbers upon Suiters Hill have; who by the Rules of their own wills (as in the second Edition of the Picture of them, I have fully declared) sent me by force of Arms to the Tower; for all my short eternity in this world.

But I interest you seriously to consider that I cannot advise you to make address to him, as the General of the Nations forces, for he is no such thing; but is meerly a great Tyrant, standing by the power of his own will, and a strong sword, born by his vassals, slaves and creatures, having no commission to be General, either from Law, the Parliament, or from the prime Laws of Nature and Reason.

For First, when he was first made General by both Houses of Parliament, it was expresly against the letter of the Law, which action cannot be justified, either before God or man, but in case of extream necessity; and for the accomplishment of a universall righteous end, viz. The redeeming, setling, and securing the peoples rational and just Rights and Freedoms, and not in the least, for setting up any particular selvish or factious interest.

But secondly, in refusing to disband, &c. he hath rebelled against his Parliament commission, and thereby destroyed and annihilated it; And at New-Market Heath, the fifth of June 1647. betook himself to the prime Laws of Nature, and by common consent of his Officers and Souldiers became their General, and entred into a solemn and mutuall ingagement before God, and one another, for the accomplishment of those righteous ends Edition: current; Page: [6-550b] therein contained, for the good of the Kingdom and themselves, by subscribing his name, or at least expresly assenting thereunto, and approving thereof with solemn ingagement, as is at large Printed in the Armies Book of Declarations, p. 23, 24, 25, 26. by the very letter of which, he, nor his Officers could not govern the Army jointly or severally, by the former Rules or Articles of Martiall Law, no nor so much as make an Officer of the meanest quality, nor put forth any publike Declaration, nor treat with, nor conclude with any in reference to the Army, but by the joynt advice and approbation of their new crected and established councel of Adjutators, which for order and methods sake, the General was betrusted to convene and call together, as the King formerly was Parliaments, or the Lord Mayor of London Common Councels; and yet notwithstanding he and his Officers, like a generation of most perfidious, false, and faithless men, broke all this ingagement to pieces, within less then twenty dayes after it was made, and so annihilated and destroyed his power, authority, or commission, flowing from the consent of the Souldiers, before he had really accomplished any one thing, he, or they ingaged for, and hath since two severall times, put a nullity, or force, upon his originall Creators, Lords and Masters, the Parliament.

And that he and his Officers broke their forementioned solemn ingagements in so short a time. I prove fully out of their own book of Declarations, in which page 36. to 46. I finde a Declaration, dated the 14. of June, 1647. made and published by his Excellency Sir Thomas Fairfax, with the Officers and Souldiers of his Army; (mark it well) for in the very words of it, it is, in Excellency worth all the Declarations that ever the Army made since: and in page 47. to 50. I finde a generall charge against the eleven Members, with a paper delivered with it to the Parliaments Commissioners at St. Albans, the 17. June 1647 by the appointment of his Excellency Sir T. Fairfax, and the Soldiers of the Army under his command; but in the following pages, viz. pag. 51, 52, 53, 54. I finde that the 21, 22, 25. of June, 1647. his Excellency, and his Councel of War alone, without the Councel of Adjutators, representing the Souldiers, according to their ingagement, with letters to, and entered into a Treaty with the Lord Mayor and Common-Councel of London, which was a base, perfidious, treacherous act, and an absolute breach of their solemn ingagement; yea in page 57. June 23. 1647. The General, and twenty eight Grandee, and creature Officers, publish a Remonstrance to the Kingdom, and that in the name of the Army; in which base and abominable apostacie they continued, without ever wiping their mouths, or recanting what they had so unjustly done, as the whole tenor of their Book of Declarations doth declare; yea when the particular charge against the eleven Members comes from them, it comes onely in the name of the General, and his Councel of War, page 94. yea, and all this, with ten times more (as I beleeve the world will shortly and fully see) was done in despite of the Adjutators, or consent of the Regiments, Troops, or Companies; for all those two grand and lying Apostates (Cornet Den, and Parson John Can, a late cheat at Amsterdam) confident affirmations to the contrary in their late Printed lying books, intituled the Levellers Design, page 4, 5. and the second part of the Discoverer, page 5. 6. where they aver, That the councel of Adjutators, established by the Armies solemn ingagement, was dissolved and made null by the same power by which they had their constitution; and that it was done by a Petition to the Generall from most of the Regiments, &c. But although I iudg the two forementioned lying base Apostates, to be so abominably vile, that I judg not my excrements mean enough upon equal terms to ballance against them; yet knowing the affairs of the Army then so extraordinarily well as I do, I will ballance life against life, that neither they, nor any man breathing can produce a Petition so much as from one single Troop or Company, much less from a Regiment, and therefore much less from the greatest part of the Regiments, both of Horse and Foot, for calling, home their Adjutators, before the Gen. and his Officers had, as is before mentioned, Edition: current; Page: [6-551a] broke in pieces the solemn engagement again and again (and invasion of Rights and Priviledges was the true declared ground and cause of all the late wars with the late beheaded King, and is really the originall ground of most (if not all) the cruell wars in the world) But if the Souldiers had made such a Petition (which they never did) it were not much materiall I think, for they ingaged something to and for the Kingdom, in reference to the setlement of their Liberties and Freedoms, which I am sure they in no one title ever accomplished or performed, and therefore till that be done, they can not rationally or justly absolve themselves from the true intent or meaning of that engagement.

But I wish those Champions for lies and Apostisie, would instance the place where, the time when, and the Regiments that subscribed and delivered such a Petition, and deal ingeniously with the world, whether it were a free act, or a compulsive one, wrought underhand, by all the snares, policies, tricks, gins, and slights, that possible the Officers could invent, without or below a visible and compulsive force, which can never of right unty that knot; Sure I am, divers of the Adiutators, &c. sent severall complaints to me, &c. to the Tower from St. Albans; Immediately after the solemn ingagement was made, complaining that Cromwel, Ireton, &c. (one of which two pen’d this engagement) would needs then by force and frowns totally break and dissolve it; of which baseness (though then we were not visibly faln out) I told Cromwel very freely and plainly of, as appears by my Letters to him of the 22 of Jun, 1647 and the 1 of July 1647. and in my Advise to the Adiutators of the 16 of July, 1647. All which I caused immediately after to be Printed in my Book, called Jonahs cries out of the whales belly, and the like in my little Book, called the Juglers Discovered; and I am sure it was August following, when the Armies Head quarters were at Kingston, where Cromwel begun to be afraid of the Adiutators apprehending his underhand and night Juglings with the King, to make himself able, like Cardinal Woolsey, to say, I and my King, which he was afraid the Adiutators should take too much notice of, although long before their power and authority was destroyed; and therefore was not willing they should at all remain or lodge at the Head quarters, although Crumwel had weeks, and some moneths before designedly, and of set purpose, with all his power and interest, walked in a continual breaking and trampling the engagement under his feet, and therefore about that time he and his agents set that Petition a foot, to rid the Head quarters of the Adiutators, that they might not so much as see his baseness, but alas, that Petition could not null and destroy that that was broken, nuld in efficacy and power, annihilated long before, but yet I could not for all this ever hear, that Petition was one tenth part so formall as they report it to be.

But from what hath been already said, (and in time will speedily be declared) it is evident that the General and the Officers at St. Albans broke their solemn engagement with their Souldiers and the Kingdom, immediately after it was made, and tyrannically and treacherously invaded their Rights and Freedoms, which bred heart-burnings, and those divisions which the publique enemy (so called) took the advantage of, and so came on the wars; God ever after their abominable and villanous appostacy, filling their hands with troubles and confusions, besides loss of reputation and good name, upon whose score alone lies the true guilt of all the blood-shed in the last years war, and of all the miseries that since have befaln Ireland* and this year again is likely, by forraign invasions of strange Nations, and by intestine broyles to befall England; and therefore if you Edition: current; Page: [6-551b] love the Lord Fairfax, tell him, that though people at the present deal by him and Cromwel, &c. as the Parliament used to do with the King, laying all the evill of his actions upon his evill Councellors, yet he and his Officers in their Remonstrance from St Albans, 16. of November 1648. say, That the King himself is the reall Fountain, and true originall, from whom principally all that mischief hath issued, that of late in his Raign hath befaln the Kingdom, being himself the principall Author, and causer of the first and second war, and thereby guilty of all the innocent blood spilt therein, and of all the evils hapning thereby, pag. 17. 19. 23. 24. 61. 62, 64. whose one example, in doing Justice upon, to future Generations, would be of more terror and avail, then the execution of his whole party,; pag. 47. 48. It being (as they say) a most unjust and unconscionable thing to punish inferior Ministers, the accessories, and let the King, the principall, go free, pag. 50.

Even so, though most men now lay the blame of all the Armies apostacy, baseness, perfidiousness and treachery upon Cromwel and Ireton, as the Generals evil Councellors; yet they (his Screen betwixt him and the peoples wrath) being gone from him towards Ireland, he will now appear nakedly and singly, to be as he is in himself, and let him take heed, lest from his by-past constant, signing, assenting to, approving of, and acting in all their perfidiousness, treachery and baseness, with his present carriage, now he stands, as it were a Noun Substantive, upon his own legs, and may now most gloriously act honestly and justly if he please, without their controul or any others (and so regain his lost credit and reputation) if wickedness and baseness be not as largely inherent in his heart, as it is in either Cromwels, or Iretons: I say, let him take heed from all his actings, the knowing and seeing people do not justly conclude him to be the principal Author and causer of all their miteries, distresses and woes; and so in time serve him, as he hath served the King. and only put Cromwel, Ireton, Hashrig, Bradshaw, Harrison, &c. in Hambletons, Hollands, Capels, Gorings, and Owens places, as but accessories or dependants upon Fairfax the principall.

But my true friends, I shall hear take upon me the boldness (in regard of the great distractions of the present times) to give a little further advice to you, from whose company or society (or from some of them) hath begun, and issued out the most transcendent, clear, rational and just things for the peoples Liberties and Freedoms, that I have seen or read in this Nation as your notable and excellent Petition of May 20. 1647. burnt by the hands of the common Hangman, Recorded in my Book, called Rash Oaths unwarrantable, pag. 29, 30, 31, 32, 33, 34, 35. with divers others Petitions of that nature; and the Petition of the 19 of Jan. 1647. Recorded in the following discourse, pag. 45, 46, 47, 48, &c. and the masculine Petition of the 11. of Sept: 1648. so much owned by Petitions out of severall Counties, yea, and by the Officers of the Armies large Remonstrance from St. Albans of the 16. Novemb. 1648. pag. 67, 68, 69. The substance of all which, I conceive is contained in the Printed sheet of paper signed by my fellow prisoners, Mr. Will. Walwin, Mr. Tho. Prince, Mr. Rich. Overton, and my self, dated the 1. of May, 1649. and intituled An Agreement of the free people of England, &c. The principles of which I hope and desire you will make the final Center, & unwavering Standard of all your desires, hazards, and indeavors, as to the future settlement of the peace and government of this distracted, wasted, and divided Nation; the firm establishing of the principles therein contained, being that only, which will really and in good earnest marry and knit that interest, what ever it be, that dwells upon them, unto the distressed, and oppressed Commons, or people of this Nation; yea, the setling of which principles, is that, that will thereby make it evident and apparent unto all rationall and understanding people in the world, that the reall and hearty good and welfare, of the people of this Nation, hath cordially, and in good earnest been that, that their souls have hunted for, and thirsted after in all the late bloody civill wars, and coutests: All the Contests of the Kings party for his will and Prerogative, being meerly Edition: current; Page: [6-552a] Selvish, and so none of the peoples interest; and the contest of the Presbyterlans for their to make-bate, dividing, and hypocriticall covenant, no better in the least; and the present contest of the present dissembling interest of Independents for the peoples Liberties in generall, (read the following Discourse, pag. 27, 28, 29) meerly no more but Self in the highest and to set up the false saint, and most desperate Apostate murderer and traytor, Oliver Cromwel, by a pretended election of his mercenary souldiers, under the false name of the godly Interest, to be King of England, &c. (that being now too too apparently, all the intended Liberties of the people that ever he fought for in his life,) that so he might rule and govern them by his Will and pleasure, and so destroy and envassalize their lives and properties to his lusts, which is the highest treason that ever was committed or acted in this Nation, in any sense or kinde; either first, in the eye of the Law, or secondly, in the eye of the ancient (but yet too much arbitrary) proceedings of Parliament, or thirdly in the eye of their own late declared principles of reason; by pretence of which (and by no rules of Law in the least) they took away the late Kings head, and life, which if there were any Law or Justice in England to be had, or any Magistrates left to execute it, (as in the least there is not) I durst undertake upon my life, plainly, evidently, and undeniably, to make good the foresaid unparallalel treasons against the foresaid Ol. Cromwel, upon, & against all the three forementioned principles, viz Law, Parliament, and Reason; yea, and to frame against him such an Impeachment, or Indictment (which way of Indictments is the true, legall, and only just way of England to be tried at the Common Law, higher and greater then all the charges, against the fourty four Judges) hanged for false and illegal Judgments, by King Alfred before the conquest; which with their crimes, are recorded in the Law Book, called The mirror of Justice, Printed in English, for Matthew Walbank at Grayes Inn gate, 1646. page 239. 240. 241. 242. 243. 244. 245. See also page 196. 197. 207. ibid.

Or then the impeachment or accusation Of the Lord chief Justice Wayland, and the rest of his brother Judges and Lawyers, tormented in Edward the first his time, and mentioned in Speeds Chronicle, fol. 635.

Or then the impeachment in Parliament, against Judg Thorp, who for taking small bribes against his oath, was condemned to die in Edward the third his time; of whom, you may read in the 3. part. Cooks Institut. fol. 155, 156. and in Mr. Pyms Speech against the Earl of Swafford, in the Book called Speeches and Passages of Parliament, pag. 9.

Or then the impeachment on a charge of the dethroned King Edward the second, in full Parliament, the maner of whose dethroning you may notably read in Speeds Chronicle, fol. 665.

Or then the many Articles of impeachment, of the dethroned King Richard the second, in full Parliament, recorded at large in the Chronicles, or History of Will. Martin, fol. 156. 157. 158. 159. the 8. 10. 12. 15. 21. Articles of which, I conceive most remarkable, as to the people, which are extraordinary well worth the reading; for in them the King himself, in those dark days of Popery, is charged To have perverted the due course of the Law, or Justice, and Right; and that he destroyed men by information, without legal examination, or tryal; and that he had declared the Laws of the Kingdom, were in his own brest (just the same thing do Mr. Peters and other mercenary Agents of the Grandees of the Army, now constantly declare of them) and that by himself, and his own authority (just Cromwel and Ireton like, onely much short of them) he had displaced divers Burgesses of the Parliament, and had placed such other in their rooms, as would better fit and serve his own turn.

Or then the impeachment of the Lord chief Justice Trisilian (who had the worship or honor in Richard the second his time, in full Parliament, to be apprehended in the forenoon, and hanged at Tiburn in the afternoon) with his brother Judges, viz. Fulthorp, Belknap, Cart, Hot, Burge, and Lockton; or their associates, Sir Nicholas Bramble, Lord Edition: current; Page: [6-552b] Mayor of London, Sir Simon Burley, Sir William Elinham, Sir John Salisbury, Sir Thomas Trevit, Sir James Bernis and Sir Nicholas Dodgworth; some of whom were destroyed and hanged, for setting their hands to Judgments, in subversion of the Law, in advancing the Kings will above Law; yea, and one of them banished therefore, although a dagger was held to his brest to compel him thereunto.

Or then the indictment, of those two grand and notorious, traitorly subvertors of the Laws and Liberties of England, Empson, and Dudley, Privy Counsellors to Henry the seventh recorded in Cooks 4. part. Institut. fol. 198. 199 read also fol. 41. ibid. and 2. part. Instit. fol. 51.

Or then the impeachment of that notorious, wicked, and traiterous man, Cardinal Woolsey, by King Henry the eight his Privy Councel, recorded in the 4. part. Cooks Instit. fol. 89. 90. 91. 92. 93. 94. 95. Read especially Artic. 17. 20. 21. 23. 25. 26. 30. 31. 33. 35. 38. 42. in all which, he is charged with Arbitrariness, and subversion of the Law.

Or then the impeachment of the Shipmoney Judges, who in one judgment did as much as in them lay, destroy all the Properties of all the men in England; read the notable Speeches against them, in Speeches, and Passages.

Or then the impeachment of the Bishop of Canterbury, in the late Parliament.

Or then the impeachment, of the Lord Keeper Finch, Earl of Strafford, Secretary Windebank, Sir Richard Bolton, Lord Chancellor of Ireland, John Lord Bishop of Derry, Sir Gerrard Lowther, Knight, Lord chief Justice of the Common Pleas in Ireland, and Sir George Ratcliff, all whose impeachments are recorded in a Book, intituled, Speeches and Passages of Parliament, from November, 1640. to June, 1641. Pag. 76. 77. to 83. and 117. 118. to 143. and 174. and 256. 257. 258.

Or then the Articles or charge against the two Sir John Hothams; the elder of which, kept the King out of Hull, the beginning of these Wars, when the House of Commons durst not command him positively to do it, although they were effectually put upon it, by a motion from the younger, then sitting in the House; and yet they were both beheaded as Traytors, for but endevoring to betray Hull to the King.

Or then the late impeachment of Sir Philip Stapleton, Master Denzil Hollis, and the rest of the eleven Members, whose impeachment of high Treason, is recorded in the Armies Book of Declarations pag. 47. to 50. and pag. 94. 95. 96. &c. And yet the same things, that some of them, in a capital maner, were impeached for as Traytors, their impeachers acted, and did at the very self same time, as is clearly declared in the following discourse, pag. 31. 32. to 39. and page 53. to 62.

Yea, or then the impeachment of King Charls, whom Cromwel and Ireton principally (Bradshaw being but their hired mercinary slave) have beheaded for a Tyrant and Traytor; whose impeachment is recorded in the following discourse, page 65. 66. 67.

But the principles of the foresaid Agreement, being so detestable and abominable to the present ruling men, as that which they know will put a full end to their tyranny and usurpation, and really ease and free the people from oppression and bondage; that it is something dangerous to those that go about the promotion of it; yet I shall advise and exhort you vigorously, to lay all fear aside, and to set on foot the promotion of it, in the same method we took for the promotion of the foresaid Petition of the 19 of January, 1647, laid down in the following discourse, page 23. 24. 25. And write to your friends in every Country of England to chuse out from amongst themselves, and send up some Agents to you (two at least, from each County, with money in their pockets to bear their charges) to consider with your culd and chosen Agents, of some effectual course speedily to be taken, for the setling the principles thereof (as that onely within an earthly Government, can make you happy) or at least, to know one anothers mindes, in owning and approving the principles thereof; that so it may become to you, and all your friends, your center, Standard, and Edition: current; Page: [6-553a] Banner, to stick together to, in the time of those forraign invasions, and domestick insurrections, that are like speedily to bring miseries enough upon this poor and distressed Nation, and unanimously resolve & engage one to another, neither to side with, or fight for the Cameroes, fooleries, and pride of the present men in power, nor for the Prince his will, or any other base interest whatsoever (the which, if you should fight for, it would be but an absolute murdering of your Brethren and Countrymen, you know not wherefore) unless he, or they will come up to those just, righteous, and equitable principles therein contained, and give rational, and good security, for the constant adhering thereunto; and upon such terms, I do not see, but you may justifiably, before God or man, Joyn with the Prince himself (yea, I am sure a thousand times more justly, then the present ruling men (upon a large and serious debate) joyned with Owen Roe-Oneal, the grand bloody rebell in Ireland) who if we must have a King, I for my part had rather have the Prince, then any man in the world because of his large pretence of Right, which if he come not in by Conquest, by the hinds of Forraigners (the bare attempting of which may apparently hazard him the lots of all at once, by gluing together the now divided people to Joyn as one man against him) but by the hands of Englishmen, by contract, upon the principles aforesaid (which is easie to be done) the people will easily see that presently thereupon, they will injoy this transcendent benefit (he being at peace with all forraign Nations, and having no regall pretended Competitor) viz. the immediate disbanding of all Armies, and Garrisons, saving the old Cinque-ports, and so those three grand plagues of the people will cease, viz. Free-quarter, Taxations, and Excise, by means of which, the people may once again really say, they injoy something they can in good earnest call their own; whereas, for the present Army to set up the pretended false Saint Oliver (or any other) as their elected King, there will be nothing thereby from the beginning of the Chapter to the end thereof. but wars, and the cutting of throats year after year; yea, and the absolute keeping up of a perpetuall and everlasting Army under which the people are absolute and perfect slaves, and vassals, as by woful and lamentable experience they now see they perfectly are which slavery and absolute bondage is like daily to increase, under the present tyrannicall and arbritrary new erected robbing Government; And therefore rouze up your spirits before it be too late, to a vigorous promotion, and setling of the principles of the foresaid Agreement, as the onely absolute and perfect means to cure you of all your maladies and distempers: So with my hearty and true love presented to all that remain upright amongst you (without being perverted to Apostacy by the pretended Councell of States places or bribes) I commit you to the safe tuition and protection of the most high, the Lord Jehovah, and Almighty, and rest,

Gentlemen, Yours and the Nations faithful, hearty, resolved friend and servant in the midst of all adversity, affactions, trials, and sorrows (that never more in all my life incompassed me round about then now) till death,

JOHN LILBURN.

From my unjust and illegall (though contented) captivity, for my honesty and innocencie, and nothing else (as to man) in close imprisonment, in the Tower of London, without any legall and just allowance of maintenance, this present

17. of July, 1649.

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John Lilburn

Lilburn, John

26. day of June. 1649

TO His honored Friend, Mr. Cornelius Holland, These.

Honored Sir,

WIthout preamble, give me leave to visit you with a few lines; and in the first place really to acquaint you with the true cause of my present writing, which is as followeth: I am in Prison, I know not wherefore, and I am confident those that sent me do not, for if they had, they would since the 28. day of March last (being the first day of my Imprisonment) have laid some crime unto my charge (which yet to this day they have not) or if they had been able to do it, they would let me have seen, either my Prosecutor or my Accuser, or at least my Accusation; none of all which to this present day I ever saw, but was condemned by Vote in the nature of a Traytor, uncharged, and unheard which if I may believe the ancient Declarations of the Army, made upon the like Edition: current; Page: [6-554a] dealing as I have lately found, is very hard and unjust measure, as they punctually declare in their Book of Declarations, P. 10. 17. 33. 34. 35. 60. 61. 62. 65. and all this at most but for the suspition of my being active in, or accessary to an intended address to your House, which act is justifiable in a superlative manner, by the very words of your own primitive Declarations, as aboundantly appears in your first part Book of Declarations, p. 123. 201. 202. 548. but especially page 720. and which was not yet never repealed by subsequent Declarations: And for binding and obstructing publique Petitions; it is not long since the Army, or the leaders thereof charged divers of your principal members as traytors therefore, as appears in their Book of Declarations, page 83. 85. the liberty of which they reckon amongst the prime Liberties of this Nation, (for the pretended preservation, of which there hath been almost eight years bloody wars) as appears largely in their forementioned pages, but especially page 44. 118. yea, and waged war with the Parliaments, their Lords, Masters, and Impowrers for abridging them thereof, as clearly appears in their own Declarations, which makes it plain and evident, that such a Declaration made by the House of Commons against their Petition, as the House made, 27. March last, against one they supposed me to have a hand in, was the original and first declared cause of all the Armies contest with, and rebellion against the Parliament. But that I should not only be imprisoned for nothing, but close imprisoned, sometimes from the very society of my wife and children, and ever since the ninth of May, 1649. to be debarred the society and visits of my friends and acquaintance, which the very Pagan Romans would not do to Paul, that pestilent fellow, and a turner of the world upside down, as Tertullus accused him to be; yea, to be mewed up close in my lodging, with a Padlock upon my door, and Sentinels set there at night and day, that I shall not so much as speak at a distance with any of my fellow prisoners, and worse dealt with besides, then the Canibals do with their poor imprisoned Captives, who feed them fat with good cheer against the day of slaughter, or then the States of Holland do their intended to be executed theeves, traytors, or murderers, whom they largely and plentifully provide for in their imprisonment; yea, or worse then King Charls (whom you have beheaded for a Tyrant) did by his prisoners in this very place, unto the meanest of whom, out of the Exchequer he allowed three pound a week for their maintenance during their imprisonment in this place, yea, and to divers of your very members that were men of great estates, and possessed them peaceably in the third, four, fifth, &c. years of his raign, he allowed them four pound and more at week apeece for their diet, when things were cheap to what they are now; and ye for much of my time you proffered me never a peny, and when you do, you do in a mock and scorn proffer me at most but twenty shillings a week, which will do little more then pay for the necessary attendance in the close and extraordinary condition you have put me in, which I confess I refused with as much scorn as it was sent me; which close and extraordinary tormenting condition in the heat of Summer, without permitting me to step out of my lodging to take a little Air; admit you were as unquestionable a power as ever was in England, and than I had really committed treason, cannot in the least by the Law of England he justifiable; the equity and justice of which Law abhors any torture or torment whatsoever to any prisoners, though never so criminous, least that his pain, Edition: current; Page: [6-554b] or torture, or torment should take away his reason, and constrain him to answer otherwise then of his free will, torture forcing many times the innocent person to tell lies, which Law and Justice otherwise abhor; and therefore that never enough to be magnified Lawyer, Sir Edward Cook, saith, That there is no one opinion in all our Law Books, or Judiciall Records (that he hath seen and remembers) for the maintenance of torture or torments, &c. persons being meerly instituted by Law for safe keeping, in order to a speedy triall, but not in the least for punishment or torment, as is most excellently declared by him, in the 1. Part Instit. fol. 160. a. and 2. Part, fol. 42. 43. 186. 315. 316. 589. and 3. Part, fol. 3435. and 4. Part, fol. 168.

And all this present unjust usage of me, to come not onely from the hands of my large pretended friends, whose just interest, according to their own published Declarations, I have with all faithfulness, in the midst of many deaths, for many yeers together faithfully served, and advanced with all my might: But also of those, that would seem to abhor and abominate, the Ruling and Governing by will, and Arbitrary power, as the wickedest and detestablest thing in the world, and so declare it to be, 1. Part. Book Declarations, pag. 172. 195. 214. 264. 281. 342. 464. 492. 494. 496. 498. 663. 666. 690. 699. 728. 750. And that have raised and maintained a bloody war, for seven yeers together, principally for the pretended preservation of the Laws and Liberties of England; that have pulled down the Star Chamber, High Commission, Councel Table, and House of Peers, for oppression, and arbitrary injustice; nay, and beheaded the King (the quondam glory of some of your great ones eyes,* as cleerly appears by Putney projects, Mr. John Wildemans, Truths Triumph, pag. 7, 8. and Major Huntingtons charge, delivered to the Parliament, August 2. 1648. against Lieutenant General Cromwel, &c.) pretendedly for Tyranny, and Oppression, as your selves state his Case in your notable Declaration, about Non-Addresses, dated the 11. of Febr. 1647. and your remarkable Declaration of the 17. of March, 1648. Yea, and have suffered your Solicitor General, Mr. John Cook, notably in Print to state his Oppressions; yea, and to draw most notable pregnant, and cutting inferences from them, as he doth in the 3. 4. 5. 6. 7. 11. 14. 15. 17. 20. 22. 26. 31. 36. 39. 42. pages thereof; two of which onely I shall now make use of: The first is in pag. 22. where he arguing of the right execution of Trusts, saith, That when any is intrusted with the sword for the protection, and preservation of the people; if this man shall imploy it to their destruction, which was put into his hands for their safety, by the Law of that Land, he becomes an enemy to that people, and deserves the most exemplary and severe punishment that can be invented; and this is the first necessary and fundamental Law of every Kingdom: Which if it be true, as you cannot contradict it, it being your own doctrine, then it is easie to make Application, a majore, ad minus. The second is in pag. 42. where he declares, That in pronouncing Sentence against the King, and executing Justice upon him. you have not onely pronounced Sentence against one Tyrant alone, but against Tyranny it self; therefore (saith he there) if any of them (meaning the High Court of Justice, and the Parliament) shall Edition: current; Page: [6-555a] turn Tyrants, or consent to set up any kinde of Tyranny by a Law, or suffer any unmerciful dominecring over the Consciences, Persons, and Estates of the Free-people of this Land; they have pronounced Sentence against* themselves. But good Trees (saith he) cannot bring forth bad fruits. But say I, bad fruits, and bad actions, are evident and undeniable demonstrations, That the Trees or Actors of them, are bad and wicked.

Yea, and from those that have declared, All their power and authority, is but a be-trusted power, which they ought, and are bound in duty, to exercise and manage, onely for the ends, and uses they are be-trusted for, and cannot justly imploy it for their own, or another use, then that, for which they are intrusted, (and which is to be discharged, according to the condition, and true intent thereof) which they acknowledge to be onely for the peoples good, safety, and better being; and not in the least, for their hurt, or mischief. 1. Part Book, Declar. pag. 150. 266. 382. 700. 750. Imprecating wrath, Vengeance, Woes, and Miseries to fall upon them, when they do not faithfully discharge their trust, according to the true intent and meaning of it; and who think nothing worth enjoyment in this world, without the Liberty, Peace, and Safety of the Kingdom, and nothing too good to be hazzarded therefore, Pag. 214. An Arbitrary, Tyrannical Government, being that which they say, Every honest Moral man abhors, especially the Wisdom, Justice, and Piety of the Parliament, Pag. 494. And which every honest man ought (say they) to oppose, with the hazzard of all they have, and are; accounting those men most abominably prophane; who to satisfie the Lusts of their own Ambition, are content like Esau, to sell their birth-right, and render themselves, and their posterity, to perpetual slavery, and care not to submit themselves to any Arbitrary and unlimited Government; so they may for their own time, partake of that power, to trample and insult over others, contrary to the Laws and Liberties of England, The Standers for which, with the utmost hazzards of their lives, and fortunes, are those they will joyn to, live and die with, Pag. 660, &c.

Yea, and the same Note do the Ruling men of the Army (in the day of their distress and calamity) sing, in their Declarations; whose words are so glorious, transcendent, and self-denying, that they are enough to ravish the heart of an ingenious, single hearted man, and to make an honest soul to hazzard all he hath in this world to stand by such men, as believing it to be impossible for the hearts of any men to be so wicked, and vile, as ever to go about to think of setting up Tyranny, Oppression, and a meer self-interest, after such expressions; and to make use of all these expressions, for no other end, but the more easily to deceive, and grow strong, to subdue all those that stand in their secret ambitious ways: And that the Armies Expressions in the day of their straits, were most glorious, and ravishing, plentifully appears in their Book of Declarations, Pages Edition: current; Page: [6-555b] 37. 39. 40. 41. 45. 46. 52. 58. 61. 62. 76. 101. 105. 110. 118. 119. 126. 128. 132. 137. 142. 144. 150. See also the Officers large Remonstrance, against the late King, dated at Saint Albans, November 26. 1648. Pag. 7. 8. 9. 12. 14. 15. 22. 23. 29. 43. 45. 47. 48. 57. 62. 65. 66. 67. 68. 69.

I say, Sir, considering all the forementioned things, in abborrency, and detestation of that faithless and tyrannical dealing with me, I was resolved, though it had been possible for you and me to live Methusalahs days, never to make any more addresses to you; nor suffer my wife, so far as in me lay, to do it in my behalf, or so much as to come at your door, to speak to any Member of your House, for the least mitigation of your indignation against me. Yet seeing contrary to my many earnest desires, and without my privity, she hath lately been with your self at the House door, about my liberty, who as she relates unto me, was very high with her; as though I had committed against you, little less then the sin against the Holy Ghost, that can never be pardoned; therefore in vindication of my own innocency, and integrity, I cannot chuse, but take this opportunity, to make a fair and ingenuous proposition unto you, that you cannot refuse, if you have but a grain of Ingenuity left in you, which is this.

That if your House please to chuse two men, I will chuse two more, and they shall have power by majority of voyces, in case they cannot agree to chuse an umpire, finally to decide the business betwixt us; and I will be content they shall appoint Cromwel, Ireton, Bradshaw, and all the Orators, or Pleaders; they had against the King, and the beheaded Lords, or as many of them as they please, to plead against me; and I will have none but my self singly, to plead my own cause against them all; and I will venture so far as my 24 or 25 hundred pounds, yet in your hands, will amount unto, five hundred pounds to one hundred, yea, and my head, to the head of him, that in your House principally caused my imprisonment, or any reasonable considerable balance; Provided, the debate may be publike, and that I may have free liberty to speak for my self; and provided, the Scripture, the Book of Statutes, Cooks Institutes, (published by your selves for good Law,) the Parliaments and Armies, Primitive, Printed Declarations, may be the Witnesses and Jury men on both sides; for the aforesaid Arbitrators, or Umpire, to guide their Judgments by. And if I cannot maintain mine own Innocency, and Integrity, against all that can, upon the Rules aforesaid, be said against me, and it be not so determinated, and judged by the major part of the Arbitrators, or Umpire, chosen as before is expressed, I will lose and forfit all I have, yea, and my life to boot: And I think this is so fair, That no rational man under Heaven, can condemn it, or me, if it be refused. But yet to make it more fair, I will give you the advantage of all you can pick out of the first and second part of Englands new Chains discovered; which I will own (although the last be Voted and declared Treasonable) my second Edition of my Picture of the Councel of State; my second Edition of my Printed Discourse with Master Peters, dated 25. of May, 1649. And my late Book of the eight of this present June, intituled, The Legal Liberties of the people of England, revived, asserted, and vindicated; or any thing acted, said, or done, by me, in the managing of them, or any of them.

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Sir, I shall give you time serlously to consider of what I have here writ, and to return me your answer to it, by the first of July next; in which time, if you return me not an effectual answer, to my present Proposition, or procure my present Liberty, and my full enjoyment of my long expected, and dear purchased Star-Chamber Reparations, from bloody old* Sir Henry Vane, &c. I hereby leave you, before God, and all the world, without excuse; and am absolutely set at liberty, from all ties of former friendship, to do the best I can, by any ways or means, that to me shall appear just, for my own preservation, by Anatomizing, &c. what I know, either privately, or publikely of you, or the rest of your associates; that for nothing, but because I will not be your slave, would take away my life from me, and thereby destroy my Wife, and young helpless Babes.

Sir, I almost know how your affairs stand beyond Seas, and also in Scotland, Ireland, and this Nation, as well as your self, though you be one of the Councel of State, and I a close prisoner; and I know, that you your self know of it. You stand (for all your present greatness) upon very slippery places (and I cannot but minde you, that at the beginning of your contest with the King, I am confident, he was in number five hundred for your one; but he is laid low, and that by his oppressions.) Yet I must tell you I am now as much an English man, as ever I was in my life, and love the true Liberties of my Native Edition: current; Page: [6-556b] Countrey, as well as ever I did in my days; and you your self very well know, last yeer I hazarded something for them, and was not revengeful; though you may remember, what clear grounds were laid down to you, and several other Parliament men, at a private Table, at the George in Channel-Row, by Master John Wildeman, and Master Edward Saxby, that I had little reason to trust any more. I have sent a true friend, with my wife, on purpose to deliver this unto, and to wait upon you for your answer, let it be what it will; and shall take leave to subscribe my self,

Sir,
A true and real-hearted
Englishman,
as long as I am

From my close, illegal, and causeless
Captivity in the Tower of London,
this

26. day of June. 1649.

John Lilburn.

HAving the same day this Letter was dated, ordered my wife, with another Friend, to carry it to Master Holland, and deliver it to his own hands; at her coming home at night, she tells me, That Master Hunt (one that is very great with Cromwel and Master Holland, and one that formerly I have been very great and familiar with) had been to seek her at Winchester House, the day before; and meeting with her at Westminster, the 26 day of June, he told her, as she told me, to this effect, That he had been to seek her, to know how much money of my three thousand pounds was remaining, that so he might speedily certifie some Parliament men, who were resolved to help me speedily to all my money down and my liberty also; which did so rejoyce her, and overcome her facile credulity, That she judged it not convenient to deliver my Letter, according to my earnest desire to her, lest it might provoke, and came in all haste home to me for my Ordinance and Accounts; which to please her, accordingly I sent, with a Letter to Master Hunt, and a Printed sheet of Paper, which lively states my Star-Chamber sufferings; some hundreds of which, I delivered to the Members at their door, the fourth of September, 1648. In which Letter I acquaint Master Hunt, with my Diffidence, in any of their promises, which I have most constantly found meer delusions; and therefore inclosed my Letter to Master Holland in his, and intreated him to deliver it to him, which I understand from himself, he did, and read it to him: But yet for all my wives extraordinary conceits of her speedy enjoyment of good, and honest things from them, in reference to my self. I writ Master Hunt another Letter, (having fresh in my memory, what I said to Master Peters, in my late Discourse with him, upon the 25 day of May, 1649. which you may read in the second and seventh pages of the second Edition thereof) which I beleeve did neither please him, nor his great Friends; the true Copy, of which, thus followeth.

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Master Hunt, having of late, for many moneths together, been as full of unbelief in great mens promises as Thomas Didimus, (John 20. 24, 25, 26, 27), was of Christs Resurrection, I cannot chuse but acquaint you, for all the fair dealing my wife supposeth to finde abroad, I am informed, since Hast write to you, That there is one Thomas Verney*, that the Councel of State hath lately received his Oath against me, in order to some tryal; the Copy of whose Letters (dated the eighth, ninth, and eleventh of May, 1649.) I have ordered my wife to bring you; also a Surrey Justice of Peace being yesterday at a friends House in London, declared, He understood I was the third of July next, to be tryed at Croyden Assizes; Reports sometimes are but reports, But if these should be true, I may draw many inferences from them; but whether true or false, I shall not be altogether unprovided.

John Lilburn

Lilburn, John

29. of June. 1649.

In the third place, I am newly told it is intended, that I and my three Comrades, shall have our Liberties by an Act of Grace: I confess if upon the day time, and shall come up to my Chamber, and say, All the Gates are opened on purpose, for me to go out, I will take my liberty, and go to my own house, &c. let the Gates be opened by whom they will; but yet an Act of Grace is so ugly a thing, in reference to my own innocency, that I loath the thoughts of it in that sence: For if I had been a condemned Felon, I should have expected at the end of a Session of Parliament, my portion in an Act of Grace; and though I shall not be so much a fool, but to take my liberty by it, yet though I perish for it, I must declare publikely abroad, my Reasons to the Nation, That those that sent us hither, more stand in need of an Act of Grace from us, then we from them.

Sir, I love to be plain with any man I deal with, as abhorring to accomplish my ends upon any man by deceit; and therefore intreat you, to desire Master Holland, to think seriously upon my late Letter to him, That I may have some kinde of Edition: current; Page: [6-557b] answer from him, by the day prefixt, and send me my Ordinance, and the Printed Sheet of Paper I sent you with it: So with my love remembred to you, I rest

Tower, the

29. of June. 1649.

As much an Englishman,
as ever,

John Lilburn.

And accordingly Master Holland sent me a large Letter, dated from Sommerset House, the 2. of July, 1649. But although it takes notice of my foregoing Letter to him of the 26 of June. 1649. yet it hath not one word of a direct answer to the three main things I therein desire of him, that I can read in all his, being meerly a Discourse built upon mistakes; for I must here in a fair way tell him, I have not in the least changed my principles, but he his; as I will upon the hazard of the greatest disgrace in the world, make evidently appear to his face, before any rational men in England, whensoever he pleaseth: Therefore I say, I am no way, by my foresaid Letter, engaged to silence, but am free at Liberty, to prosecute my fixed intentions before the writing thereof; which was to lay a firm foundation for my late promised Second part of the Legal, Fundamental Liberties of the people of England revived, asserted, and maintained; and fully to treat upon all those Heads, mentioned in the last page of it, being 9.

And because I intend, and hope I have matter enough already to make it the master-peece of all that ever I have writ: And because unadvoldably, it must have a dependency on what here follows, which would make it to large to be therein Printed; therefore I must go on with my former intended thoughts, to publish in Print my impeachment of High Treason, (yet never extant to publique view) against Lieutenant General Oliver Cromwel, and his son in law, Commissary General Henry Ireton, as I formerly delivered it openly at the Bar of the House of Commons, the nineteenth of January, 1647. Which with the Preamble, or Introduction thereunto belonging, thus followeth.

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UPon Munday the 17. Jan. 1647. I was at the house of one Mr. Williams a Gardiner in Ratcliff-high-way neer East Smithfield, where I met with divers honest men, Inhabitants thereabouts, about a Petition now on foot; amongst whom was one Mr. Masterson, the Parson or Priest of Shoreditch neer London, who (as since I am told) came pretendedly as a Scrupler, but said never a word there as I heard, coming resolvedly to catch and intrap, as by the sequel of his carriages appears.

For the next day being Tuesday, up he comes with a full careere to the House of Lords, as if he had been running for a fat Benefice (as I was informed) makes a most desperate complaint against Mr. John Wildman and my self, as though under the pretence of managing a Petition, we carried on a desperate design to destroy, or cut the throats of the Parliament men, and the execution of our desperate designs could not be far off for that I bad (as he said) appointed blew Ribbons to be the sign to be worn in our hats to know one another by upon that day.

And after he had given in some such information as this, with much more of the like nature at the Lords Bar where without doubt it was hugg’d to the purpose, and rejoyced in, as the issue of a design of their own brain, to blast (without all peradventure as they thought) the reputation of the original and chief promoters of that transcendent, gallant, and large Petition that so much touches their copy hold, that so if it might be possible the Petition it self might be crusht in the birth, before it had brought forth strength sufficient to pull up their rotten tyrannicall Interest by the rootes.

And after he had done with the Relation at their Bar, having giving the Lords, as it seemes, a flagon of sack and suger, they were in pains (as it appears) till they had communicated some deep draughts of it to their friends of the House of Commons, divers of whose rotten Interests were concerned in it, as the Lords sons and servants, the Patentee, Monopolisers, the Merchant Adventurers, the Lords would be (which are principally the chief of Cromwels Faction, who having now the power of the Kingdom in their own hands, and therefore in their own imaginations can not miss of being (within a little time) made Barons, if not Earls) but especeally (’that grand inslaving Interest) the rotten Lawyers of the House, divers of whom, if the Petition took effect (in disabling all Members of that House that are Lawyers to plead at any Bar of Justice) would deprive some of them of two or three thousand pound per annum, which now they get by their Pleadings by vertue of their beeing Parliament men; for if a mans cause be never so unjust if by large Fees he can get two or three Parliament men to plead it for him, he is sure to carry it, for the Judges dare as well eat their nailes as displease them for fear of being turned out of their places by them, which they more regard then their Oathes which tie them to do impartial Justice; I say, after he had done his Relation at the Lords Bar, a Conference was betwixt both Houses, where he again belcht out his most abominable, malicious and false lyes; and one being present that heard it, came immediatly to me in London, Edition: current; Page: [6-558b] and told me of it, of which I no sooner heard, but immediatly by water, of my own accord, I posted by boat to Westminster, and coming up to the House of Commons door about three or four a clock, I found the House to be risen, and meeting with some of my friends and acquaintance at the door, I told them there, I understood the House of Commons had again dealt worse with me then the Heathen and Pagan Romans dealt with Paul, who when his adversaries desired Judgment against him, they told them, that it was not the maner of the Romans to judge or condemn any man before he which is accused have his accuser face to face, and have liberty to answer for himself concerning the crime laid against him, Act. 25. and yet upon a bare accusation of a single Priest (as I was informed) they had again committed me to the Tower before they heard me speak one word for myself, in which (I told my friends freely and openly they had outstript the Heathen and Pagan Romans in Injustice, who though Paul by Tertullus the Orator, was accused for a pestilent fellow, and a mover of sedition among all the Jews throughout the world, and a Ringleader of the Sect of the Nazarens, Acts 24. yet they would not condemn him before they heard him face to face speak for himself.

And I further told them, this unjust proceeding of the House of Commons against me, was but just the same unrighteous measure that they had meted out before unto me, for about two years ago I had come Post from Sir Thomas Fairfax Army, to bring them glad tidings of his routing of General Gorings Army at Lamport in Somersetshire, and being daily waiting at the House door, I was a few dayes after, by the Speakers means (as I have been since largely told) Voted upon a bare suggestion to Prison, without the House ever so much as calling in my pretended accusers (viz. Dr. Bastwick, and Colonel Edward King, with whom for divers moneths before, I had not, to the best of my remembrance, changed so much as one word) or ever so much as calling me in, though then at their door to speak one word for my self, they Voted, and Resolved upon the Question, That I should be committed to prison till they please to release me, without telling me to this hour wherefore they imprisoned me; and from their Serjeant at Arms, tossed and tumbled me to Newgate, for refusing (to make of one of their Committees, a High Commission, or Spanish Inquisition,) to answer (against all Law and Justice) to their Interrogatories: And then when they had me at Newgate, made an Order of their House, to arraign me at Newgate Sessions, for no less then my life; and Ordered the prime Lawyers about London, viz. Master Bradshaw, Master Steel, Master Walker, &c. to be my prosecuters, and by a law-quirk, if it were possible, to take away my life from me: And yet for all that, they being sufficiently baffled, by my own pen, and the pens of my Friends, they sent me One hundred pounds to Newgate (as may be supposed) to help to bear my charges, Edition: current; Page: [6-559a] and released me by Vote of the House, as an innocent man, after thirteen weeks imprisonment; without all that while laying any thing to my charge, or so much as ever telling me, wherefore they* imprisoned me, or who were the prosecutors, or informers against me; and all this was done unto me by Master Speakers malice principally, who though he had not the least pretence or shadow of Crime originally against me, yet thought by provocations laid upon me, to exasperate, and chafe my Spirit; and thereupon, as it were, to force me to do something that might intangle me, and be a colourable ground for him to destroy me; forgetting (although he pretend to be a great Lawyer) that maxime of the Law, made use of by Judg. Hutton, in his Argument in Master Hambdens Case, against Shipmoney, pag. 49. That that which was defective in the Original, is not good by any accident subsequent; or as that learned Lawyer, the Author of that notable Book, called Vox Plebis, pag. 20. 43. hath it, That which is not good, or just, (but illegal) in its original or beginning, by tract of time cannot be made just, or lawful. See also my Grand Plea against the House of Lords, pag. 13.

I further told my Friends then, and there. That if I might have but fair play, and free liberty to speak for my self, I doubted not, but to make it as evident as the Sun, when it shined at noon-day, That at that pretended treasonable meeting at Wappin, (whereas I understood the parson accused me, for plotting the destruction of the Parliament, &c.) I did the House of Commons in its just and fundamental Interest (simply considered) a peace of the reallest, and best service, that ever with my tongue I did them in my life: And as I said, I was very sure I had done them some real and unspotted services.

For the occasion of that meeting, as I told them, was upon this ground, there being a large Petition a promoting, some Copies of them came into the hands of some cordial, honest, active men about Wappin, who though they had nothing to object against the Petition it self; yet one or more of them, did very much scruple (as I was told, not maliciously, but conscienciously) how they could lawfully act to promote any more Petitions to this House of Commons, seeing that in their Declarations, they had declared (in answer to the Kings Objections, about tumultuous meetings, about Petitions, That desired the abolition of things established by Law,) That they did conceive, that numbers do not make an assembly unlawful, but when either the end, or the maner of their carriage, shall be unlawful. Divers just occasions (say they) might draw the Citizens to Westminster, where many publique and private Petitions, and other causes, were depending in Parliament; and why that should be Edition: current; Page: [6-559b] found more faulty in the Citizens, then the resort of great numbers every day in the Term, to the ordinary Courts of Justice, we know not*. And in the same Declaration, Pag. 209. they say, That such a concourse of people (as is before mentioned) cannot in the interpretation of the Law, be held tumultuary and seditious.

And in their Declaration of the second of November, 1642. 1 Part. Book. Declar. pag. 720. They do acknowledg that they have received Petitions for the removal of things established by Law; and (say they) we must say, and all that know what belongeth to the course, and practice of Parliament, will say, That we ought so to do, and that both our Predecessors, and His Majesties Ancestors, have constantly done it; there being no other place wherein Laws, that by experience may be found grievous and burthensom, can be altered or repealed; and there being no other due and legal way, wherein they which are aggrieved by them, can seek redress.

And yet notwithstanding all this, That this very Parliament, or House of Commons, that had made these Declarations, Should declare men Traytors, for endevoring to Petition, burn their Petitions, and imprison the persons of divers honest men, meerly for Petitioning for those things they had made us fight for, viz. Our Liberties and Freedom.*

All these things laid together, were such discouragements to the Objecter, or Objecters, That at the present (as it was said) they could not in Conscience, nor Honor, go about to Petition so unworthy an Apestatized House any more. Whereupon some of their Neighbors, in and about Wappin, that were zealous in promoting the Petition, appointed a meeting, to debate, and satisfie these Scruples, (if it were possible,) that so they might go unanimously to work, to promote the Petition, which was now much retarded by the foresaid Scruples, the party or parties scrupling, being of some eminency amongst their Neigbors: Unto which meeting, by some Friends, I was earnestly desired to come, and if I could, to bring Mr. John Wildeman with me; which I did.

And the substance of that Discourse was, to convince our scrupling Edition: current; Page: [6-560a] friends or friend, That the Kingdom was in exceeding great distractions, and the people under general Oppressions and Burthens, and trading generally decayed; which had occasioned mighty heart-burnings, and dividings of Spirit amongst the people; and the present House of Commons (though sufficiently corrupted) was the visibly best, and justest Authoritie that was extant in England; the overthrowing of which (as things stood) would bring in such a present Inundation of misery and confusion, into the whole Kingdom, that there would be nothing in the eye of Reason, but cutting of throats every where, and all return into its first Chaos, and the longest Swords to be judges of all, and we might be as soon destroyed in such a general confusion, and hurly burly, as any others. And therefore, I and my friend pressed, That if they either wished well unto themselves, or their Native Countrey, they were tied in duty and conscience, to the uttermost of their power, to preserve the Interest and Being of the House of Commons (so long as it continued a House;) and yet in such a way, That they might not invassalize the people: Both of which, they were told was provided for in this Petition; and to do any thing that might pull down or destroy the present Power and Being of the House of Commons, in the eyes of the people, before things are in some settledness (which would sufficiently be done if they should disclaim them as unworthy to be Petitioned unto any more) were to undo and destroy our selves, especially considering, That they had so lately engaged so high against the King, and the Scots; and therefore it behoved us not so to act, as to increase their adversaries, but rather to strengthen their hands, and the rather as this juncture of time; and yet so to do it, as that the generality of the Commons of England, might be gainers by it, in the knowledg of their particular Liberties; that so if it were possible, they might be united therein, and might thereupon, as one man in the Spirit of Englishmen, stand up, and live, and die each with other, against all Forraign Interests whatsoever.

And as I further told my said acquaintance and friends, That I was Edition: current; Page: [6-560b] confident there was never any one Discourse in England, wherein the true and just Interest of the House of Commons, was more firmly, cordially and strongly maintained, then in that: And if they should punish me for my actions or speeches at that meeting, I should be punished for doing as great (and as real) a peece of service to the Interest of the House of Commons, (and consequently to the Interest of the Kingdom) as ever was done in any meeting by any Member of the House. And this I told them, I doubted not but to make as evident as the Sun, when it shined, if the House would hear me but speak for my self. At which, my Friends were very much refreshed, considering so desperate things were charged upon me by the Priest.

So enquiring if any of them could tell me where Master Sergeant was, I was answered, He was with the Speaker, and the Earl of Manchester, in the Queens Court; and going up thither to finde him, I found him ready with his Mace, to usher the Keepers of the Great Seal unto the Chancery Court. So standing in their way, as they were to come out, I had a minde to face them, to see how they would look upon me; and after they passed by, I could see the Speaker lay his head to the Earl of Manchesters. Whereupon, they both turned about, and stared wishfully upon me, and so did the three Judges that followed them, which were, if I mistake not, Judg Rowls, Judg Phesant, and Baron Atkins; and I looked as wishfully upon them, with an undaunted countenance, thereby demonstrating that unspotted Innocency cheared my heart, and so down stairs they went, and I followed them at their heels to the Chancery, with an earnest desire, to know the matter more fully of Master Sergeant, and truly to know what their House had done upon it, who within a little while, coming out of the Court, I had my opportunity to speak with; who looked very strangely upon me, as though I were now a destroyed man; at which, I smiled, and told him, If ever the House of Commons in their lives, had true ground and cause to thank me for any service, that ever I had done them with my tongue, it was for that nights Discourse, and my there pleading their Cause and Interest. And much more Discourse to the same purpose (as is before mentioned) we had, but I grated very much upon Master Speakers unjust and unrighteous dealing with me. And I told him, I conceived this was one of his new plots, or the Earl of Manchesters: For guilty conscienced men, are always afraid of the shakings of an Aspine-leaf; and would frame and contrive, out of their own brains new plots, and then themselves bring them to light, as contrived against the State and Parliament, That so they might thereby blast all sorts of men that were likely to pinch them. And truely I told him, they were to mine own knowledg, very good at these tricks, for I knew them both of old; at which he was distasted, and told me, the House had taken off my former Order for my going abroad, and had Edition: current; Page: [6-561a] remanded me to the Tower again, and had sent an Order to the Lieutenant of the Tower, to morrow morning, to bring me up to their Bar as a prisoner: I told him, it was but like all the rest of their just dealings towards me; and in this I told him, they cleerly demonstrated to the whole Kingdom, That they had less Justice within their brests, then was in the Heathen, and Pagan Roman Judges, that had nothing but the light of Nature to guide them in their judgment; and yet would not condemn Paul before they heard him, though his Adversaries laid greater things to his charge, then all the men in England are able justly to pretend against me. And as for my going again prisoner to the Tower, I told him, I would now never go upon the old score voluntary, while my eyes were open. And I further told him to this effect, That if their hearts were not totally hardened, and their souls sealed up to do wickedness for ever, they would blush for shame, so much as to talk of committing me to prison, before now after above seven yeers waiting upon them, they had done me some reasonable proportion of Justice; but now again to commit me to prison, after eleven or twelve yeers (as heavy) sufferings, as ever Englishman (that I read of) endured; to the exhausting me of all that ever I have in the world, yea, and more too, by running into debt to buy me bread, and to keep almost three thousand pounds of my Corn from me by force and violence, and to commit me to prison again, without any maner of provision in the world, for me and mine to live upon (after I have made so many mournful cryes and means unto them.) What is this else, but to be more cruel then the very Cannibals themselves? who always feed fat those men that they intend to eat, and devour; and were it not more justice in them, to cause their Guard of Halberders, to knock my brains out, and so put a period to my days, and miseries, then again to send me prisoner to the Tower, either to be starved, or eat the stone walls (which is impossible.) For as the Spirit of God saith by Jeremy in his Lamentations, Chap. 4. 9. Better are they that die by the sword, then they that be slain with hunger: And he gives this Reason of it, For the last pines away, stricken through for want of the Fruits of the Field; whereas he that is slain quickly, endures little or no pain. And how they can conceive in the eye of Reason, (laying all things together) how I should thus long live, and subsist without miracle, (especially, contesting with all the great corrupt Interests of England, who have scores and hundreds of mercinary, pencionary emissaries, in the City and Countrey, with their lyes and falshoods, to rob me of my Reputation and Credit; and with their groundless reproaches, to bespatter me, and make me as black as a Chimny Sweeper, and render me as a man not fit to live in civil or moral Society) is beyond my Reason to apprehend.

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My Prayer.

But O thou Just, Righteous, Powerful and Compassionate God; that sensibly hath been my God and guide about these twise seven years: that hast often refreshed my soul with those fat, and soul satisfying refreshments, that hath made my heart sing and be merry, in the midest of many deaths; and which hast made me lightly esteeme the cruel malice of all my fierce, and murdering Enemies: O thou glorious God, that hath taken me by the arme when I have been ready to fall, and by whose power alone, I have been kept upright before thee, in the midst of many soul piercing temptations; and by whose sweetnesse, discovered unto my soul, I have been drawn after thee, with ready willingnesse of spirit (though backwardnesse of flesh) to follow thee whithersoever thou goest: keep now (for the glory of thy name-sake) my heart sincere and upright before thee, that I neither flag, fall, nor start aside, like a broken bow, but may stick close unto thee, (and to that justice and purity that shines gloriously in thee) to the death.

O Thou compassionatest and sweetest God, who in all the afflictions of thy people art afflicted with them, and hast said, thou hearest their cries, and bottellest up their tears; O now in the greatnesse of straits, when my soul is indeavoured to be over-whelmed; hear now in heaven, the habitation of thy greatnesse, and protect and deliver me from the cruell and bloudy rage, of thy once SEEMING servant, CROMWEL, who if my soul is now able to judge, is visibly become a FALNESTAR, an Apostate from thee, an ENEMY to thee, and a desperate persecutor of thee, in all those where he meets with the shining splendor and the glory of thine owne bright Image of Justice holiness, purity and righteousness; and hath done a thousand times worse thereby, then Peter did, who, though he forswore and denied his Master, yet he never persecuted him in his members, as he hath done, and thereby hath Crucified the Son of God AFRESH, and put him to an open shame: O put a hook in his nostrils, and a bit into his teeth, to curbe his furious drivings to destroy Righthousnesse, Truth, and Justice (from off the earth) the bright shinings of God amongst men; O discover him (to all those that truely know thee) and his wicked opressing and tyrannical accomplices, to be what they are, (and have of late clearly demonstrated themselves to be, to every seeing eye) the SONS OF SATHAN AND WICKEDNESSE, THE PERVERTERS OF TRUTH. JUSTICE, AND ALL KIND OF RIGHTEOUSNESSE; THE DECEIVERS AND SEDUCERS THAT THOU HAST DECLARED SHOULD COME INTO THE WORLD IN THESE LAST DAIES, TO DECEIVE, IF IT WERE POSSIBLE, THE VERY ELECT. O Lord, deal with him according to all his late deserts, in doubling unto him that cup of affliction and sorrow, that he hath of late meated out divers of thy Edition: current; Page: [6-562a] choice and redeemed ones; O thou righteous God, who hast declared, that evil shall shall never depart from the house of him that requires evil for good, let it be so unto him; who causelesly, as thou knowest, hath with all his might and power, sought the destruction and totall ruine of me thy poor servant, who in the uprightnesse of his soul, while he judged him to be thine, adventured all he had in the world for him; O dearest and truest God, seeing thou hast made the spirit of thy poor supplicant, willing from time to time to stoop unto the lowest condition in the world, (that might consist with that knowledge, duty, fealty, he owes unto thee, HIS ABSOLUTE AND UNLIMITED SOVERAIGNE, fairely to reconcile things betwixt us; but nothing wil serve his turne, but the prostrating of the honour and conscience of thy poor servant unto graven Images, and painted Idols, viz. the usurping tyrannical House of Lords: and seeing by his potency and greatnesse (by reason of that absolute commanding power, he hath over an over awing, mercinary, Turkish Army, that now serve not to defend the liberties of their native Country, but the exorbitant tyrannical lusts of men) that thy servant can obtaine amongst men no Justice, nor right, but is hindred of all that tends thereunto, or his powerful influence; he therefore thereby appeals to the great and SOVERAIGNE CREATOR AND OVER RULER OF ALL THE WORLD, FOR JUSTICE AND RIGHT, against this great and mighty (apostatizing) hunting Nimrod, CROMWELL, and solely at thy feet cast his contest with him, earnestly imploring for that glorious and unparallel’d riches sake that shines in Jesus Christ, & for that unspotted Justice and righteousnesse sake, that shines in thy owne selfe; to do justice with thy own Almighty, but stretched arme betwixt us; and visibly before the eyes of the present generation of men, execute impartial judgement between us, that so it may be made manifest to the sons of Men, but especially to the present living generation of thy people, who is principally in the fault, thy servant that now in the ardency of his soul speaks unto thee, or he against whom, in the anguish and bitternesse of his heart and spirit, he complaines of unto thee: O, as thou art a righteous God, and as truth and justice is inherent in thee, and one with thee, judge betwixt us, and visibly avenge upon the guilty one of us, and that speedily; that so if it be thy wil, those heart-burnings, and divisions of spirit may cease, that by our contest is occasioned amongst our native Church-men, but especially amongst thy darlings, by reason of our contestings each with other, who both have been eminent in the eyes of many thousands of those that truely know thee: for that reall integrity to thy truth and glory, that they have Judged to be in us, that so peace and quietnesse, truth and justice, thereby (if it be thy good wil and pleasure) may speedily come unto the land of our nativity; and truth, righteousnesse, joy, comfort, and union of hearts and spirits, may come unto the chosen ones, and glory, honour and peace unto thy great and glorious Name. Amen. Amen.

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But in the conclusion of my discourse, I told Mr Sergeant, that though I would not willingly go to the Tower, yet I would promise him willingly and voluntarily of mine owne accord to come to-morrow morning, (being Wednesday, 19th. of Jan. 1647.) to the House of Commons, and if they would give me but fair play, and leave at their Bar freely to speake for my selse, I doubt not but to make my base and lying accuser (for all the start he had got of me) ashamed of what he had done: so after I had a little faced the Commissioners of the Great Seal sitting in open Court, and talked a little with some Parliament men, and given them three or four lashes, for their ungrave, unjust, and light credulity, away to my Lodging in London I came, and being up very betimes the next morning, to meet some understanding friends, to confer how, and after what manner the businesse by me should be carried at the House; this man, and the other man, threw in very sollid advise, and pressed me to a careful and diligent observation, but I bid them hold their peace, and talke no more of it to me; for I neither could nor would observe their directions; for I told them to this effect, my heart was all one fire, and my soul did thirst and long to be amongst the Parliament-men, that in the might and strength of my strong God, I might talke to them, and I told them my old refuge in all such cases as this is, was the 10th of Matthew, and I cared for no other counsellor; neither in this case could I regard any but his, who was, and is, the author of that, who in all such cases, had commanded me to take no thought how, or what to speake; promising that it shall be given me in that same hour, what I shall speake, for (saith he) it is not you that speak, but the spirit of your Father that speaketh in you; unto which, an eminent man in the company replied, he lik’d it well, but yet for all that he lov’d to use meanes; But I told him, I lik’d that wel too, but in this case, not knowing what they wil say unto me, or lay to my charge, all discourses to me below the tenth of Mathew was to no purpose, and therefore I pressed againe to be gone to Westminster, for my soul longed to be amongst them, being brim full, and ready for want of vent to overflow; desiring at present, nothing so much from God, as to order their hearts so, as to cause them to give me free leave to speak.

So preparing for the journey, I arrived with other of my friends at Westminster, and being not long at the House door, (where was many friends come downe from London and Southwark, to hear and see how things went) I addressed my self to the Sergeant of the House, to let him know I was there to tend upon the Houses pleasure; And he immediately after came out with his Mace, and CALLED FOR Mr. MASTERSON, THE JUDAS PRIEST, and my selfe; so in we went, and also the Lieutenant of the Tower as my guardian, and having given them that due respect, that I conceived is due unto their just and true authority, (though I owe little or none unto the persons that sat there, by reason of their grosse abusing and most abominable of their righteous authority) the thing that passed, so near as my memory to the utmost punctilio will serve me, I shal faithfully relate unto you. Upon our coming to the Bar, where both my lying accuser and my selfe stood, the Speaker stept up in his Chaire, and commanded Mr. MASTERSON, in the name of the House of Commons, to give Edition: current; Page: [6-563a] them again a narrative of what he yesterday declared to them.

So he very formally begun, and spoke as freely, as if he had learned his Lesson without book; and truly, I could not but stand amazed at the mans impudence, that he durst, with so much confidence, tell so many lies as he did: But giving not much regard unto his accusation, to treasure it up in my memory, being resolved before hand, to take no cognizance of his verball impeachment, which in Law was nothing, I fixed my mind very seriously upon the Lord Jehovah, my old experienced refuge, strength and support, and was a wrestling with him for the incomes of his own self, that so I might speak freely and boldly, in his might and power (if it were possible) to the amazement and terrour of his enemies, amongst those that should hear me; divers of whom, I was confident, would lye in wait to catch and intrap me.

And now and then (the House (in my apprehension) being very full, I cast my eie about me to look upon the countenances of the Members, and to observe their behaviours, most commonly fixing my eie stedfastly upon the Speaker in the Chair: Who as soon as he perceived Mr Masterson had done, beckoned his hand unto me, as I conceived, to have me answer the Priest: but I stood still, and took no notice of his beck; at last, he wished me to say what I could answer for my self unto it: whereupon pausing a little, after a congey made unto him, I opened my mouth to this effect.

Mr Speaker, I desire, in the first place, to premise this, That I look upon, and own this honourable House, in its constitution and power, as the best, legallest, and justest interest, power and authority, that is established in this Kingdom; or that all the Commons of England visibly hath, for the preservation of their lives, liberties and estates: And I doubt not, but so to speak unto you, and so to behave my self before you, this present day, as thereby to demonstrate to you, that I am an honourer, an owner, and a prizer of this greatest English authority and interest; in which, as a free Commoner of England, I have a little share: And therfore, if this honourable House please to afford me Paul’s PRIVILEDGE, that he enjoyed amongst the Heathen and Pagan, Roman Governours, or Magistrates; which was, to hear him speak freely for himself, before they would condemn him: Which liberty and priviledge, I freely and largely enjoyed, at the hands of the Cavalier Judges at Oxford, when I was arraigned in irons, before the Lord chief Justice Heath, and Sir Thomas Gardiner, late Recorder of London, for drawing my sword, and at your comand, adventuring my life, for the great interest of the Kingdom involved, and single represented in this honourable House, in the destruction of which it perisheth; who before all the City and Country, then assembled in Guild-hall in Oxford, gave me free liberty, without the least interruption, to say what I pleased, and to plead for my life, in the best manner that all those abilities God had given me, would inable me* to do. The which priviledge, and legall and naturall right, if you please to grant me, I shall speak freely, WITH THIS PROTESTATION, AND SALVO, That I do not speak, nor answer, out of any dutie, or tie, that lies upon Edition: current; Page: [6-563b] me by LAW, FOR ALL CHARGES IN LAW OUGHT TO BE IN WRITING, under the hand, or hands, of him, or them that chargeth, and in that form that the Law requires; and proceeded in, according to the form of the Law of the Land, expressed in the 29 Chapter of the great Charter, and these Laws which expound it, which are mentioned† and nominated in the Petition of Right. Which this pretended Vergall charge is not, in the least: And indeed, Mr Speaker, in Law it is no charge at all: neither in the way this Informer is in, can I well have any remedy against him, in case he abuses me; for, as I understand, if he tell twenty lies against me, I cannot punish him; but if he maliciously swear one against me, I have his‖ ears as my mercy, &c. & therfore a Betraier of my Liberties I should be, if I should look upon it as any charge at all, and in that consideration, return an answer to it; and therfore again, saving unto me the rights and priviledges of an English man, which is, to be tried by no other rules or methods, for any reall or pretended crime whatsoever, then what is declared by the known, established and declared Laws of England; nor by, nor before any other Authority or Magistracy, then what the Law hath authorized to be the executors* of it: I say, saving, as before I have expressed.

I shall, out of that ingenuity of spirit, candidnesse and integrity of heart that dwels within me; and out of that high and honourable respect I bear to the interest and just authority of this House, Give you, if you please, a free, voluntary, full and perfect relation of all the most materiallest actions, passages and speeches, that have past from me, about this Petition, since it was first begun, to our late meeting at Wapping.

And I shall the rather, at present, lay aside the punctilios of my liberty, which is, not to answer to any Interrogatories, or confesse any thing against my self, till it be legally, fully and punctually proved, because I have longed for such an opportunity as this; and my silence at this time, might, in the prejudiced opinions of some among you, against me, argue in their spirits, my guiltinesse of all the lyes layed unto Edition: current; Page: [6-564a] to my charge; and thereby might, in their own hearts, take me, pro confesso, and conclude me guilty from my silence, but without a grant of free liberty from this House, to speak my mind freely, without any interruption: I shall not say one word more, but remain in perfect silence: So the Speaker commanded us to withdraw, which we did.

And after about a quarter of an houres time, the Sergeant at Arms came, with his Mace, and ushered us in again; and having placed our selves at the Bar, Mr Speaker having a paper in his hand, looked upon it, and said to this effect, Mr Masterson, the House conceives, that you have nothing nigh given them so full a relation of this businesse to day, to Mr Lilburns face, as you did yesterday, when you were single: therfore I am commanded to ask you what you say, to such a thing, and such a thing? and mentioned, as I remember, about some six or seven particulars: The substance of all of his accusation, so near as that little heed I gave unto it, would enable me to collect, was to this effect:

That there was a design (especially by me declared at the foresaid meeting) contrived by me, Sir, to destroy, or cut off, both Houses of Parliament; and that we could not be far from the intention of executing it, in regard I had appoynted blew Ribbons to be worn in the hats of all those that should be saved alive: And that though we did now drive on a Petition to the House, yet it was no more but a cloak, or a colour to raise the people by, that so we might the more covertly make our selves strong enough to destroy them.

But after he had done, the Speaker told me, the House had given me free liberty to say what I pleased: at which I made a congey to him, and mightily raised up my heart to God, with an earnest inward cry to Heaven, now to come in, if ever, with power, strength, wisdom, resolution and utterance; and praised be his name, he heard my inward sighs and cries unto him; and put, as it were, a new heat, and burning fire, into all my veins, and raised up my spirit high, beyond its ordinary temper; and, with a little pause I begun, and said after this manner, with a soft voyce.

Mr Speaker, I take it for no small honour, to be admitted this day, to this great (though just) priviledge, to have free liberty to speak my mind freely, and boldly, without interruption; and having again premised what is before premised, and protested again what is before protested, with a loud and mighty voyce (though with an easy and sensible command over my self) I went punctually on (without the least interruption extemporary) and said,

Mr Speaker, I do here freely and voluntarily confesse it, that I had a hand, or a finger, in drawing the great Petition, with large* Marginall notes fixed to it; and that I also had a hand in putting it to the presse, and paying for it: And truly, Mr Speaker, the ground of drawing of it, in my rude standing was this, we have many Edition: current; Page: [6-564b] years been fighting for our liberties and freedoms, and yet the generality of the Kingdom are as far to seek what they are, and where to find them, as ever; and the oppressions, and burthens, are very great and heavy upon the people, as by tyths, taxes, excise, and free quarter, &c. and that which is worst of all, all trading, in a manner, is deaded, and all victuals grown so dear, that famine draws on apace; and this House seems (to us) to be afresh engaged, not only against the King, but also against the Scots: all which laid together, hath occasioned such heart-burnings, divisions and dissentions, in all sorts and kinds of people, saving those now in fat places and offices, that are made rich by the ruins of the Kingdom: In which regard, there was nothing more likely to arise, then a generall confusion; and the people being (as we perceived) united in nothing that concern’d their Common good, as English men; might in their distractions and confusions, destroy their neighbours and friends; which might breed such feuds in City and Country, that one faction or party might be so earnest to destroy another, without hopes of any composer; till a forraign enemy seeing our divisions, distractions and hurly-burlies, came in with an inundation to make a prey of us all, and of the Land of our Nativitie: The consideration of which strook deep into my spirit, and therfore I studied how something might be done speedily to prevent it: And this Petition was brought forth as a salve to heal and cure all our sores and diseases, and to knit the hearts together of all ingenuous men, in every faction or interest, that had but the least spark of a desire to do unto their neighbours as they would be done unto: Which Law is not only the prime Law of Nature, but also the strict command both of the Law and Gospel: And truly Sir, I for my part conceived this Petition so just, necessary and righteous, that if the people closed with it, this House could never so far dishonour themselves, as in the least discountenance it: Nay Sir, I dare here at your Bar with confidence aver it, that there is never a man in England that dare or can speak against the body or scope of it, unlesse it be those that have guilty consciences within them, or those that are of, or allied unto some of those corrupt interests that are therein struck at.

And truly Mr Speaker, I my self look upon that Petition with such admiration and satisfaction of spirit, and of so transcendent concernment to all honest and just men in my native Country; that I count it one of the most glorious morall actions to promote that Petition, that ever God counted me worthy in all my life to have a finger in: And Sir, let me freely tell you: I count it my glory and honour amongst the sons of men, that I have had so great a hand in forwarding of that Petition as a had: And therfore Sir as my crown and glory I shall freely tell you, that as soon as I and some other of my true and faithfull Comrades had caused some thousands of that Petition to be printed. I did the best I could to set up constant meetings in severall places in Southwark to promote the Petition: to which meetings all scruplers and objecters against any thing contained in the Petition, might repair unto for satisfaction: and I did constantly make one at all such meetings, to improve and put forth my abilities, to open and unfold the excellency of that Petition, and to answer all objections against any particular in it: and when there was appointed Trustees in every parish (which only did consist of such as Edition: current; Page: [6-565a] had been, and stil were active, cordial, and untainted faithful men, to the Liberties and Freedome of their Native Country) to take the especial care to promote the Petition effectually and vigorously, in their respective Parishes; I laboured the most I could to set up the like meetings in London; and for that end, diverse cordial, honest, faithful, and Noun substantive English-men met openly at the WHALEBONE behind the Exchange, where by common consent, we chuse out a Committee, or a certaine number of faithful undestanding men (but in regard I abhor to be a betrayer, or a mischievous accuser, I shal not dare without leave from themselves to name their names, but leave you to the information of my illegal and unjust accuser at the Bar, or such other, as from such as he is you can procure it) to withdraw into the next roome, to forme a method, how to promote it in every Ward in the City, and out-parishes, and also in every County in the Kingdome; and for the more vigorous carrying it one, we nominated, as he tels you, two or three treasurers, and a proportion of Collectors, to gather up our voluntary contributions, which were no greater, then some two pence per week, others 3 d. some 4 d. some 6 d. some 12 d. 18 d. 2 s. the highest was halfe a crown per weeke; and this was, and is, the voluntary act of every man in himselfe, and the end of it was to pay for Printing the Petitions, and bearing the charges of those messengers we should have occasion to send downe into the Countries to our friends there to promote the Petitions; and I doe acknowledge, I have been at diverse other meetings in London, and the out-parishes, to promote it withall the might I had: and I do further confesse, that I wrote a Letter, Intituled, To my friends and faithfull Country men in Buckingham-shire, and Hertford-shire, that ingaged for me, &c, in a Petition to this House about 13 moneths agoe, to desire you to hear, judge, and determine according to Law and Justice, my businesse against the Lords, depending in this House, either to my justification, if innocent, or condemnation, if guilty. And the Copy of the Letter I have by me, which when this House shal command me, I shal be ready and willing to produce it at this Bar, the contents of it being to presse them with all their might and interest, to promote this Petition in every parish quite through both the Counties.

I also went to Darfort in Kent, and there was one of those that set my hand to a Letter, subscribed to all the ——— in the County of Kent; and also I set my hand to a Letter to Colonel Blunt, the Copy of both which, at the command of this House, I shal be ready to present unto you at this Bar; and at my comming home, I set my hand to a Letter to Captaine Boine in Kent, and did besides, the best I could to promote the foresaid Petition, not only in London, but in several other* Counties besides, and hearing as before is declared in my foresaid discourse at the House of Commons door (the substance of which I againe related at their Bar) that some honest people, in or about Wappin, scrupulled to Petition any more to the House, for the reasons before mentioned in p. 16. 17. (which I gave the House) & being Edition: current; Page: [6-565b] desired by some friends to come to the meeting, to help to answer their objections; I did accordingly, and being at the foresaid place, there were diverse friends met, and the discourse was begun; in which, with many arguments it was declared, that it was our duty to go on with Petitioning to this House againe, for that it was all the visible just power, that was left in the Kingdome, to preserve the peace thereof, and though all members thereof did not act as they should, yet to do any thing that should destroy the power of the whole, it would be a destruction to our selves and the Kingdome, for the people being in that mutinous temper, by reason of their oppessions, and burthens, there was no way to keep them in peace and quietnesse, but by a vigorous proposing and prosecuting of some universal just things to ease them, and for the future to secure them; neither was there any safe or sure way for the people to act in, to make their grievances known and probably hope for redresse, but by Petition, and that to the House of Commons, which was the most our owne interest of any power in England; and no man knew at this nick of time, what just and righteous things might be produced by and from the House, if they should see the people universally own, & close with so just and gallant a thing as this Petition is, and much more to the same purpose, which I cannot well remember: but this I am sure of, that there was not in the whole discourse, one dis-ingaging expression to the interest of this House, but I dare with much confidence aver it, that the whole streame, scope and bent of the whole discourse, was to lift up and preserve the interest of this House, that so it might be the better inabled to do just and righteous things for the whole Kingdome, according to the end of the trust they have reposed in you; and I dare safely aver it, there was not so much as one bit of a mischievous or factious discourse at all; the whole tendency of it being to peace, Justice and Union.

And by-and- by there was an objection raised, as I remember, to this effect: I, but if the generality of the people would joyne in the Petition, and act to save themselves, with vigour and strength, there might then be some encouragement for us once againe to joyne in acting with them, but for any thing could be perceived, the generality of the people were as willing to be slaves, as any were to have them so; and having been so often jaded, had set down with a kind of a resolution to stir no more come what would come; therefore we being but a small number to the whole, our striving in this case, was but to sow the wind.

Unto which Mr Speaker, it was answered, much to this effect, That the great end wherefore God sent man into the world was, that he should do good in his generation, and thereby glorifie God in his generation; and it is said of Christ, that he made it his worke, to go up and down to do good unto all, that he could meet with; and therein he was declared to be like unto his Father, the immitating of which he had required of al of us, that we should do good to all men, and how did we imitate him in this; if our friends, our Country-men, our brethren, were ready to perish, and in their sottishnesse were ready Edition: current; Page: [6-566a] to be destroyed; and God had opened our eyes to see it, and yet we would not do the best we could to save and preserve them, though they were unwilling to save and preserve themselves.

Nay, Mr Speaker, it was there further pressed, that to sit stil in such a universall perishing case as this is, was so far below a Christian, that it was beneath and below the very light of nature and selfe-preservation, that was evinced after this manner, as I am an individual, I am a part of the whole Nation, and if it perish in the eye of reason, I and mine must perish with it; But the whole Nation is in danger of an universal destruction, by oppression, injustice, and decay of Trade, which would speedily bring famine, and that would bring all manner of confusion, by the poor peoples rising up to cut the throats of the rich-men, to get their estates and monies to buy them bread, and to preserve nature, and in this horrible confusion, we should be a prey to every forraigne enemy that would first invade us; and if such a thing should happen, we must become an Aceldoma, a desolation, a wildernesse, a field of bloud: And I clearly see all this before my eies, and yet I wil sit stil and do nothing towards the publique safety (in which I am transcendently concerned and involved) because the far greater part of my neighbours sit down in silence, and are like sots resolved (or ready) to perish in their sottishnesses, and I must perish with them: am I not guilty of mine owne ruine and destruction, if when I see it before me, and sottishly sit downe, and use not my uttermost indeavours to preserve the whole (in the preservation of which, I am preserved) because the rest of my neighbours and friends wil not joyne with me to do it?

Nay, Mr. Speaker, it was further pressed, that in such a case as this is (which is now the case of the Kingdome) I am bound and tied in conscience and duty to my selfe, with vigour and strength to act, although my neighbour refuseth salvation, or preservation by me, and commands me not to save him. And it was further illustrated in this manner; my neighbours House is on fire, and I clearly see, if it be not quenched, mine is likely to be burned by it, whereupon I go to my neighbour, and proffer him my helpe to quench it, and he being, it may be in a fright, a fullennesse, a sottishnesse, a mase, a distemper, or a revengefull maliciousnesse refuseth my help, yea, and commands me not to helpe him, but threatens me if I doe; yet notwithstanding all this, I am bound in duty to selfe, and universall preservation to help to do it whether he wil or no, yea, & to pull down his house to help to quench the fire, to keep my owne and my neighbours from being burnt, whereas if none of this were, but that his house were standing, and in no such danger, for me then against his wil and mind, to set my foot over his threshold, I am a transgressor, and an incroacher upon my nighbours rights and properties. In the second place, Mr Speaker, it was answered, That in case my neighbour were a drowning of himself, and I see it, I were bound by the Law of God and Nature, whether he would or no, to save him; nay, but much more, if in his drowning, I were likely to be drowned with him, were I bound to save him (if I can) although he laid a thousand commands upon me to the contrary.

And hereabouts, as I remember, it was further objected; That the people Edition: current; Page: [6-566b] all over the Kingdom were generally very ignorant, and malignant, and hated the Parliament and us, whom they called Roundheads, Independents, &c. for our cordiall adhering to them, under whom they groan under greater oppressions and burthens, then before the Parliament; and for all their expences and fightings, were never a bit the freer, either at present, or in future grounded hopes; and therfore for us (that were for the foresaid reason so faithfull to the generality of the people) to act in this petition, they would but contemn it for our sakes, and be provoked to rise up against us.

Unto which, Mr Speaker, my self, &c. answered to this effect; The people are generally malignant, and more for the King then the Parliament: but what’s the reason? but because their burthens are greater now then before, and are likely to continue without any redresse, or any visible, valuable consideration holden out unto them, for all the bloud and treasure they had spent for their liberties and freedoms; and the reason why they were so ignorant, and did so little inquire after their liberties and freedom, was, Mr Speaker, because, that though the Parliament had declared in generall, that they engaged to fight for their liberties, yet they never particularly told them what they were, nor never distinctly held forth the glory and splendour of them, to make them in love with them, and to study how to preserve them: and for want of a clear declaring what was the particulars of the Kings Rights, and the nature of his office; and what was the Parliaments particular priviledges, power and duty to the people of the Kingdom, that chused and trusted them; and what particularly was the peoples rights and freedoms; they were hereby left in blindnesse and ignorance, and by reason of their oppressions, because they knew no better, doted implicitly upon the King, as the fountain of peace, justice and righteousnesse; without whom, nothing that was good could have a being in this Kingdom: So I told them, Mr Speaker, it was no marvail, that the poor people in this particular, were in FOGS, MISTS, WILDERNESSES AND DARKNESSE; considering, that this House, in their Declarations, had so plaid at fast and loose with them: for though, Mr Speaker, this House voted to this effect, That the King, seduced by evil councel, had made War against the Parliament and people, and that they are traitors that assisted* him: And further declared, That he had set up his Standard against the Parliament and people, and thereby put the whole Kingdom out of his protection, contrary to the trust reposed in him, contrary to his oath, dissolving Government thereby; and that he, in his own person, marched up in the head of an Army, by force of Arms, to destroy the Parliament, and in them, the whole Kingdom, their Laws and‖ Liberties.

And yet, Mr Speaker, with the same breath declared, The King is the fountain of justice, and that he can do no† wrong; and forc’d the people to take Oaths and Covenants, to preserve his person: and yet, at the same time, gave the Earl of Essex, and all those under him, Commission, To fight with, kill and slay all that opposed Edition: current; Page: [6-567a] them; and declared, the King, in his own person, marched in the head of an Army, to oppose and destroy them; and yet gave them a Commission, to fight for King and Parliament: So that, Mr Speaker, here is riddle upon riddle, and mysterie upon mysterie; which doth even confound and amaze the people, and put them into Woods and Wildernesses, that they could not see or know where they are, or what to think of themselves, or of the Parliament, or of the King: only this they very well know, that their burthens are greater now, then ever they were before; and that they have been made fools, in pretendingly fighting for liberty, which hath brought them into bondage: And that though it was formerly declared, the King had no Negative voyce, or Legislative power, but is bound by his Oath to passe all such Laws, as the people, folk or Commons, shall* chuse: Yet now the Parliament send unto him again and again, for his concurrence to their acts; as though the giving of life, soul and power to their actings, were indisputably and inseparably inherent in him; and as though now their consciences told them, they must crave pardon of him for all the actions they have done without him, and against him: O riddles! and unfathomable mysteries! sufficiently able to make the people desirous to be ignorant of their liberties and freedoms, and never to hear of them more; especially, considering they have paid so dear, pretendedly, for the injoyment of them, and yet after five years fighting for them, know not where to find one of them.

But, Mr Speaker, they were told, that in this petition the people had clearly held out unto them, and that upon the undeniable principles of reason and justice, the Kings Rights, the Parliaments, and their own; and that the two former were, and of right alwaies ought to be subservient to the good of the latter: and they were told, it was not so much persons, as things, that they doted upon; and therfore undoubtedly those that should really hold out justice and righteousnesse unto the people, was those that they would be in love with; and therefore in mercy to our selves, and in love and compassion to our native Country, it was pressed, that every man that desired to fulfill his end in coming into the World, and to be like unto his Master, in doing good, should vigorously promote and further this just and gallant Petition, as the principall means to procure safety, peace, justice and prosperity to the Land of our Nativity, and knit the hearts and spirits of our divided Country-men in love again each unto other and in love unto us, which they could not chuse but afford, when they should visibly see, we endeavoured their good as well and as much as our own, there being all the principall foundations of freedom and justice, that our hearts could desire, or long after, in this very petition: And if our greatest end were not accomplished, in our prosecuting of this petition, viz. the Parliaments establishing the things therein desired: yet the promoting of it would beget understanding and knowledge in the people, when they should hear it, and read it, and discourse upon it; and if nothing but that were effected, our labour would not be totally lost; for nothing did more instate Tyrants in the secure promotion of Edition: current; Page: [6-567b] tyrannie, then ignorance and blindnesse in the people: And therefore for the begetting of knowledge, it was requisite it should be promoted; as also, for healing of the divisions amongst the people, and knitting them together in love, that so their minds might be diverted from studying the destruction each of other, to study the destruction of Tyrants, that would in time destroy them all.

And, Mr Speaker, there was one in the company, that made a motion, to this effect, That he did conceive it was more requisite, at present, speedily to second the Armies Declaration, with a petition to encourage this House vigorously to go on, to prosecute their late gallant Votes of Non-Addresses (for so they were called) to which was answered,

That in this petition was contained more then was in all all their Votes, for it struck at the very root of all that Tyrannie that had enslaved, and would enslave us, viz. the Negative voyce in King and Lords, both which the Votes did not; and it was impossible, that there could be an active Member in the House of Commons, but knew that this petition was promoting all over the Kingdom; which did abundantly declare greater encouragement to all those Members of the House, that really intended good unto the Commonwealth, then possible could be in a single complementall petition, signed with 4 or 5000 hands; such a petition being rather fit to puff them up, then upon reall grounds to strengthen and encourage them fully to mind the peoples good; and there was never a Member of the House, whose design, in the largest extent, was no more then the pulling down of the King, that so he might be a King himself: but of necessitie he must receive more satisfaction and encouragement from the knowledge of the promoting this gallant unparallel’d petition (which is a clear demonstration to the Parliament, that those that promote it, clearly understand, that the King and the Lords Tyrannie, and their liberties, are inconsistent) then he could do from a bare complementary petition; which would also be dangerous to our selves, in quashing the vigorous prosecuting of this, that contained the ultimate of our desires, and the sum of all those things, that in this World we desired, to make us happy.

But, Mr Speaker, it was again objected, That seeing this petition struck so much at the House of Lords, as it did, who lately it was said, had concurred with this House in their gallant Votes against the King, it was dangerous to the Kingdoms safety, in this juncture of time to promote it, lest it might occasion a clashing betwixt the two Houses, which would now be very dangerous.

Unto which, Mr Speaker, my self, &c. answered to this effect, That if the Lords had so concurred in these Votes, that they had declared it had been their duty, without dispute, to have concurred to all such Votes as the House of Commons had passed, there had been some ground to have pleaded for a respect unto them from us: But seeing they so passed the Votes, as in the passing of them, they declare it to be their right, to give their deniall to any Votes the House of Commons shall hereafter passe, that doth not please them: we are thereby engaged the rather to go on with our petition, to pluck up Edition: current; Page: [6-568a] this their destructive interest by the roots for future, that had brought all our* miseries and woes upon us.

For, Mr Speaker, if the Lords be considered in their Judicative power, we shall find them as guilty of treason, in subverting our fundamentall Laws and Liberties, as ever the Lord of Strafford was: who in his impeachment of high Treason by this House, was accused in the 4. 5. 6. 7. 8. 9. articles, that he had traiterously subverted the fundamentall Laws of England and Ireland, and introduced an arbitrary tyrannicall Government beyond and above Law, in that he had upon papers,† petitions and verball complaints, without any due course, processe or shadow of Law (but meerly by the law of his own will) outed divers of the Free-men thereof out of their liberties, properties and free holds, to the ruin and destruction of many of their families.

And truly Mr Speaker, I must aver it, and do aver it before this honourable House, that the House of Lords are as guilty of this traiterous subverting of our fundamentall Laws and Liberties, and introducing and exercising an arbitrary tyrannicall Government, above and beyond all Law and Justice, as he was; and by the law of their own wils, without any due course or processe of Law, have outed divers Free-men of England out of their liberties, properties and free-holds; they themselves being complainents, prosecutors, parties, witnesses, Jury and Judges, have passed most barbarous and tyrannicall censures upon them, to the apparent ruin of them and their families: Yea, and upon me have passed so barbarous and transcendent an illegall sentence, that I am confident the like of it in all circumstances is not to be parallel’d in all the Earl of Straffords tyrannie. And Mr Speaker, let me freely tell you, that unlesse this House do execute upon the present tyrannicall House of Lords, or the mischievous law and libertie-destroying Ring-leaders amongst them, the Earl of Straffords punishment, for what they have already done, and for future take care to prevent their or any others exercise of the like arbitrary and tyrannicall power again, I shall never justifie you for righteous and impartiall Judges, or think that you have discharged your duty either to God or the Commonwealth, who chose and trusted you to preserve their liberties and freedoms, and punish those that destroy them.

The rest of my speech against the House of Lords Legislative power, being already at large printed in the 14, 15, 16, 17, pages, of my answer of the 27 Feb. 1647. to Mr GUALTER FROSTS malicious and false declaration against me, which I entituled, A WHIP FOR THE PRESENT HOUSE OF LORDS, OR, THE LEVELLERS LEVELLED: to which for brevities sake, I refer the Reader, and go on to the next thing in order (being the main thing I intend) as I upon the foresaid 19 day Edition: current; Page: [6-568b] of January, 1647. confidently and avowedly delivered it at the Bar of the House of Commons, which is an impeachment of Treason against Cromwel &c. profering againe and againe upon my life to prove it every tittle at their Bar, which thus followeth.

My charge against Cromwell, and his Son Ireton.And now Mr Speaker, I must acquaint you, that there was occasion adminstred, to talke of Lieutenant General Cromwell, and his late gross apostacy, from patronising the peoples Liberties an Freedomes, and here Sir, it was declared with admiration and astonishment, that Lieut: Gen: Cromwell, who was once the glory of Englishmen, in visibly appearing for Justice and Freedome, both against the King, the Earl of Manchester, and the whole House of Peers, &c. and who had a principall hand in so many gallant Declarations of the Army, in diverse of which freedome, righteousnesse, and Justice was published to the whole Kingdom most gloriously,† That this very Lieut. Gen. Cromwell (whose name for honesty once rung and eccho’d throughout England) should now apostate from his former declared gallantry and honesty, and turne his back upon his owne solemne Declarations, Remonstrances, and Ingagements, and persecute with bitternesse (even to death and bonds) righteousnesse, truth and justice, in all those in the Army he met with it in (and now of late become a grand patron, protector and earnest pleader for the preservation of all the grand corrupt and inslaving interests in England) was a wonder and astonishment, that he that had the gloriest praise and opportunity put into his hands, that ever God put into the hands of an English man, to do good unto his native Country, and to settle the Laws, Liberties, and peace thereof, in their lustre and glory, should be courted out of all his principles, protestations and engagements, by a little selfish, glitering, worldly or corrupt honour, and to convert his power and interest to the quite contrary, to make us slaves and vassals, was the admiration and wonder, for all knowing, observing, and unbiased English men, and the greatest mischief that ever befel the honest men of the Kingdome; having divided them amongst themselves, that formerly were one, in their pursuing the firme establishment of the Common rights and freedomes of their native Country; diverse honest men having his person in admiration, either for advantage sake, or former good services sake, would not see their owne danger and misery, nor willingly would suffer their friends and neighbours to see that fatal ruine and destruction, that by his meanes (and HIS ALONE) was likely speedily to come upon them, and the whole Nation; by means of which we are so divided amongst our selves, that it was impossible, for all the professed enemies we had in England, to have put such a mischievous division amongst us, the bitter fruites of which we had lamentable experience of every day, in that it deprived us of the vigorous pursuing of al effectuall meanes to preserve and secure our selves from that eminent ruine and destruction, that is even at our very thresholds; And therefore it behoved us Edition: current; Page: [6-569a] with all our might to presse hard forward, according to the marginall note of our Petition, to get our Lawes so strictly setled, as though it were impossible that ever an honest man should be borne into the world, to be an executor or administrator of them, we having found it too true a maxime (by experience in Lieut: Gen: CROMWELL alone) that whosoever meanes to settle good Laws, must proceed in them with a sinister or evil opinion of all man-kind; and suppose (ESPECIALLY AFTER HIS GROSSE APOSTACY) that whosoever is not wicked, it is for want of opportunity; and that no State or People can be wisely (or securely) confident of any publick minister whatsoever continuing good, longer then the rod is over his head.

And Mr Speaker, it was further declared, that though he might now seeme to face about, and to intend just and righteous things to the Kingdome, by reason of his late forwardnesse in the late Votes against the King, for no more Addresses to Him; Yet what rational man could groundlesly judge, that he thereby intended a reall good to the Kingdome? especially considering that in the very neck of those Votes, he and his faction (that he hath at command at the head-quarters) published a Declaration to the whole Kingdome, to maintaine the House of Lords in all their tyrannicall usurpations; the continuance of whose Law-making interests, is perfect vassalage and bondage to the whole Nation, as I have before undeniably and fully proved; or the rather, may not any rationall knowing-man conclude, that Lieut: Gen: Cromwel’s, and his Son Ireton’s late spight against the King, did procceed only from animositie and revenge against the King, because he had forsaken them, and accepted of a better bargaine from the* Scots, who (for their preservation it may be) were not onely willing to give Him His Negative voice, and an hereafter possession of the Militia, but a present right in it, and possession of it, the which if he enjoyed, the Army-Grandees and their accomplices, could not reigne over the people as they intended to do, for undoubtedly, if the King would have taken, and accepted of their conditions, and stuck close to them, and imbrace no other lovers, they would never have been so angry with Him, but withall their hearts have helped Him to His Crown & Throne againe, which is evident and clear, from Iretons transcendent pleading for Him (and new Addresses to Him) in this House, and the open Councels at Putney, &c. and Mr Speaker, while they accused Mr Hollis and Sir Philip Stapleton, &c. for high Treason, for under hand tamperings with the King; they themselves out-stript them at that very time, in that which they declared a crime in them, for Mr Speaker, their under hand tamperings with the King, were but petty ones to those grand ones these apostates had; for, Mr Speaker, as I said among my friends, I do now aver at this Bar (having my relation from so knowing good hands upon the place, that I dare ingage at my utmost peril before this House, at this Bar, to prove by exceeding good testimony to this effect; That when the proposals of the Army had past the great or Generall Councell of the Army (for so themselves called it, and therefore I wil give it the same name) Commissary Edition: current; Page: [6-569b] General Ireton declared to diverse of the chief Officers, he would send a copy of them to the King, which being opposed by them, be replied, that he was engaged by promise to send a copy to the King, and therefore he would send one, though the General hanged him for so doing. And Mr Speaker, he did send one to the King, and that by the hands of Cromwels own Major, viz.† Major Huntington (who then was the bosome and indeared darling of both Iereton and his Father Cromwell, and it (viz. the Copy of the proposals) was delivered to the Kings owne hands, who read it over, and WITH HIS OWNE HANDS BLOTTED AND RASED OUT WHAT HE MOST DISLIKED, and enterlined it with His own hand in some places, which very Copy thus curtail’d and guelded, the King sent back to Ireton, and IRETON CAUSD THIS GUELDED COPY OF THE KINGS, TO BE PRINTED TO THE VIEW OF THE KINGDOME, AS THE ARMIES‖ PROPOSALS; when as indeed & in truth, Mr Speaker, they were no other, then the Proposals of the King and himself, and therefore no wonder the King to the Parliament so pressed to Treat upon these Proposals as He did; so that here was once declared affection enough to the King.

But Mr. Speaker, I do further aver, and upon my life profer at your command to produce at this Bar, a Gentleman of good quality, and of very much integrity, and a man of much repute amongst all the honest men in the Army; who comming from London to Westminster with me not long since, voluntary and freely told me to this effect, with avowed confidence to justifie it; That Cromwels Son that commands the Generals Life guard, taking notice of his aversonesse to his fathers designes, in his continuall crossing him and his Edition: current; Page: [6-570a] creatures, laboured to draw him over to a compliance with his father, telling him how great a man his father was likely to be in the Kingdome, and thereby able to promote all those that would comply with him; for (saith he) I speake it with confidence, as a thing already done, that the King himself, hath wholly cast himself upon my father and my brother Ireton, to make His tearmes for Him, and restore Him to His Throne againe:* And Mr. Speaker, I know the Gentleman that told me this, is a man of so much gallantry, and honesty, that I am confident that he will scorne for all the Cromwels in the world, to deny one sillable he told me; and therefore againe Mr. Speaker, I do offer upon my credit and life (if this House please) to produce him at this Bar, and upon his oath and life to justifie before you, the effectuall substance of what in this particular I have declared unto this Honourable House.

But Mr. Speaker, whether it was the Kings forsaking of Cromwel and Iretons, and running over to the Scots, as those that had bid most for him, (it may be) being necessitated thereunto for their owne preservation, from the fear of an after ruine, from the King and Cromwell; if the King should come in by the means of Cromwell, that had a powerful Army at his command, who both of them (it may be) they thought) might be glad of a fit opportunity to chastise them, for all their iniquities committed against them, and their afforonts put upon them) I say, Mr. Speaker, whether it was the Kings forsaking of Cromwell, that made him face about, and to be now of late so high against Him (for pure love to Justice, and the universall good of his Country it could not be) or that lost condition he might apprehend himself to he in by his apostacy, in the affection of all his old and faithful friends (which it may be he might fear, might produce him a great deal of danger and mischief, (especially his perceiving the Kings staggering in his confidence of him) if not prevented by his speedy fancig about, or at least pretending to justice and righteousnesse amongst men once againe:) I say, whether of these two it were, that had the strongest impression upon him, to worke so speedy a change in him, I know not.

But this, Mr Speaker, I said unto my friends, and do aver unto you, that I was told by a very honest understanding Godly man (as I judge him) and one that is a very great honourer and doter upon Lieutenant Generall Cromwell, and one that hath had many bickerings with me for contesting with him,† to this Edition: current; Page: [6-570b] effect, That there was an honest, stour, gallant and godly Gentleman of this House (for so he stiled him to me) and one that had been right for the Parliament, and his Country, all along; who being lately upon very good grounds (in his apprehension) told and informed by a Lady of quality in this Kingdom, that a bargain was struck betwixt Lieut: Gen: Cromwel, and the King, AND THAT CROMWEL WAS TO BE MADE EARL OF ESSEX; and since I have heard from other good hands a confirmation of its AND THAT HE WAS TO HAVE BESIDES A GEORGE AND A BLEW RIBBON, AND BE MADE A KNIGHT OF THE GARTER, &c. AND HIS OWN SON BEDCHAMBER-MAN TO THE PRINCE, AND HIS SON IN LAW IRETON WAS EITHER TO BE LORD DEPUTY OF IRELAND, OR AT LEAST FIELD MARSHALL GENERALL OF IRELAND: And this Member of your House (as he told me) entring into the serious consideration of these things, and believing they might be too true, was even confounded and amazed in himself, that England’s Liberties, and the protecters and preservers thereof, should at once be betraid (and as it were bought and sold (and that by Lieutenant General CROMWEL, a quondam bosom friend; that he that sometimes had been the glory of English-men (for professed honesty publiquely upon the house top) should now become the scorn and basest of his Nation, in under-hand and under-board (while he pretended friendship to honest English-men and their liberties) to stab them to the heart, by betraying them to the King; against whom, for the preservation of them, they had been fighting all this while, was that, Mr Speaker, that confounded and amazed the gallant Gentleman, to think with himself, that if this under-hand bargain betwixt the King and Cromwel should be true (for it seems he believed it was) all the honest men in England (that in the integrity of their hearts had adhered to the Parliament, and vigorously acted against the King) where destroyed and undone, and the liberties of England now in a worse condition, then they were before any of this late bloud shed for them; for by this bargain, if the King were restored upon it, he would have the interest and power of the Army at his beck and command (besides his own party) by means of which, he would be enabled to cut off the head of every honest gallant English man in England, that he had a mind to destroy, and for ever to subdue their laws and liberties, and make the survivers perfect vassals and slaves: The serious consideration of which, with a hot burning zealous indignation, so fired his soul, and elevated his spirit, that he by an unresistable force concluded, that necessarily one man must perish to save the whole Nation; and therfore resolved with himself, that he would be the man that would play the part of a second FELTON, was by an inward compulsion, Edition: current; Page: [6-571a] resolved to go to Windsor (then the head Quarters) and wherever he met Lieutenant Generall Cromwel (either with his pistol or dagger) to dispatch him, as a desperate apostatized Traitor to the liberties of his Country, though he were destroyed when he had so done: And truly, Mr Speaker, as I understand, this had been vigorously attempted by him, if he had not revealed his intention to a Friend of his, another Member of this House, who stop’d him, by force, in a Chamber at White-hall: And this Gentleman that told me the story, speedily hearing of it, wrote a large and pithy Letter to the Lieutenant Generall, of almost a sheet of paper; wherein (to my understanding) he acquitted himself, not only as a Christian, but also as a faithfull English man; for, Mr Speaker, he came to my lodging in* London, and told me the effectuall substance of this story, and read unto me the copy of his large Letter, and took the opportunity thereof, to presse me to a patient expectation of the issues of things, and to moderate my heat against the Lieutenant Generall, for he was confident there would be in him a speedy visible change, and he hoped it would be for the good of the Kingdom; the fruit of which he doubted not but I in my particular, might come speedily to reap: And truly, Mr Speaker, I have perceived a kind of a change in Lieutenant Generall Cromwels visible actions ever since: but I wish my understanding could be groundedly satisfied, it were upon reall and just principles, viz. for the good of the Commonwealth: And now, Mr Speaker, if the House do question the truth of this relation, I do believe, within a little time, I shall be able to procure a copy of the Letter; but if I cannot do that now, I will engage my credit and life, to produce my Author at this Bar; who, I am confident, hath so much honesty in him, that he will not deny the truth of what he told me. But truly, Mr Speaker, as for the Gentlemans name of this House, that should have been the Second FELTON, I was not told it; though I confesse, so many circumstances were hinted to me, that I believe at the first guesse I could name him, but I cease that now.

And desire further to acquaint this House, that for all the late seeming changes in Lieutenant Generall Cromwel, I press’d them, they should not be too credulous in believing him, till they see him to be an active instrument, really and effectually to do some transcendent thing, that was for the universall good of all the Commons of England, which I could not fully apprehend in these late Votes of Non-Addresses, simply in themselves considered; for as yet I could see nothing further in them, then a kind of revenge, to pull down the King (because he had withdrawn his affections from them, and at present given them to the Scots) by means of which, they were deprived of their large hopes of rule and domination over the people under him, their Edition: current; Page: [6-571b] sole and only true end enclosing with him; and therfore were now necessitated, for the obtaining the declared ultimate of their desires, viz. the setting up themselves, to pull down him: And if in these Votes they had intended reall good unto the generality of the people, they would have with them, instated them in the possession of some just and gallant freedoms and priviledges, worth their engaging again with and for the Parliament, in a new War; and so to have made them in love with the House, for their justice and goodnesse, handed out unto them; that their lives, nor estates, might not have been dear to them, but with willingnesse they might have freely adventured all they had, in opposing those that opposed them.

Whereas now with these Votes, they had nothing that was of generall good holden out unto them, but the likely hood of a new War, in provoking afresh, to the highest, all the Kings party, the Scotch, and the Zealots amongst the Presbyters; yea, and so passing their Votes, that in themselves rightly considered, they signified nothing; for if the Parliament fac’d back again, and un-voted them the next Week, as it is possible they might, these Votes were but a snare, to hazard the future destruction of those men, that at present should rejoyce at them, and in them: And, Mr Speaker, they were desired to consider, that if we implicitly, and hand over head, without first groundedly knowing what should be the prize of all our hazards and bloud, should again engage against the King, and also against the Scots (who had declared so much enmity, as to root up by the roots, all that would not concur to their every thing and nothing Presbyterie, under the names of Heretiques and Sectaries) who were now likely, upon the Kings interest, to invade the Kingdom: what should we get by it? It’s true, we might be the occasion of shedding much bloud, but in the conclusion it was possible our own might be shed: But suppose we were Conquerours, and the Army by our means did overcome the Scots: what better were we then? nay, were we not worse then, then now we are? and more likely to be made slaves, then now we are? For seeing the Grandees in the Army and Parliament, have declared so much bitternesse and enmity of spirit against all those principles of righteousnesse and justice, that we have promoted and proposed; without the firm establishment of which, it is impossible for us ever to be any other then vassals; and those that rule over us, perfect Tyrants: and if implicitly we should help them to subdue the Scots, we should but thereby the more easily enable them to make the more perfect slaves of us, when we had: whom we might easily see (by their malicious and bloudy prosecuting of our late Friends in the Army) did not anew begin to court us, out of any love to us, or out of any free disposition to do us or the Kingdoms good, but meerly because they had need of us, and did not well know how to go through their work, at present,* without us.

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For truly, Mr Speaker, as I told my Friends, I was afraid that the interest of the generality of the Officers, in the Army, but especially the Grandees, was not peace, righteousnesse, justice and freedom, but wars, fightings and† catchings; and without the continuance of which, I conceived they could not continue their pride and tyrannicall domination over their Souldiers, and the rest of the people of the Kingdom (and absolutely I conceive their interest to be war) But it was our interest, and the generality of the people of the Kingdom, to prevent wars, if it were possible. But if we must engage in war again, it was our interest and wisdom, so to engage, if it were possible, as that meerly as English men, we might be unanimous in our engagements, either against the Scots, or any other interests whatsoever, that would rob us of our English liberties and freedoms: And, Mr Speaker, I told them both these things were contained in the Petition: For First, if those things were granted unto us, that were desired in the Petition, it was impossible for us to conceive of any thing else: the want of which, is worth the going to war for: And if the Petition were vigorously promoted, and pursued to the House, without all controversy it hath such excellent things in it, so good in themselves; for all sorts and kinds of English men, that if the House and the people should be united in those gallant, just and rationall things, the generall heart-burnings of the Kingdom would be alaied; and confidence in love and respect to each other, would be raised up amongst us; and our union of hearts thereby each to other, as Englishmen, would be as a wall of brasse, for securing the common interest of our Nation: So that neither Scotchman, nor any forraign power in Europe, durst to invade us: so that in the vigorous prosecuting of this Petition, union and love would be increased, and war prevented thereby: whereas nothing in the world will occasion wars so much, as our dis-union and heart-burnings each at other: which is impossible ever to be alaied, but either by the active prosecuting of this Petition, or something like it; that so Edition: current; Page: [6-572b] something that is good for all men, as English-men, might be setled:

But in the second place, if we could not be so speedy in the prosecution of this Petition, so as to get those universall good and just things, therein contained, setled, before the Scots begun to Invade us; yet if upon their march we should enjoy the possession of them, it would make the generality of English-men stand together as one man; and all of them in the spirit, and with the principles of English-men, oppose them: so that the War (if it must be) would be carried on with that vigor and strength, that it were impossible, for all the power in Scotland, if they did the worst they could to destroy our Nation.

Whereas now in our divided condition, they will be sure if they come in, to make a prey of us; for in their comming in, they declare for the King’s Interest, which absolutely unites and knits their owne Kingdom as one man against us; and glues unto them in England, all the Kings party, and of necessity the Presbyters must joyne with their Masters of the Covenant; and risings there will be of necessity, and without all peradventure, all over the Kingdome: and if the Army be united within themselves (as it is a very great question whether they be or no), and were able to deale and grabble with all that opposition it is like to meet with, from those severall parties and interests, that here are like to rise up against it; yet truely Mr Speaker, though I do not like the late apostatized actions of the great men in the Army, I do as little like the Scotch high-flown expressions, to instate the King absolutely into the Militia as His right, and His absolute Negative Voice: And indeed Mr Speakers, it sounds not wel nor justly in my eares, for the Scots, who are and will be free men at home, and will neither (as I am told) allow the King the exercise of the Militia in their Kingdome, nor His Negative Voice, no nor yet the benefit of His Revenue; that they should notwithstanding all this, go about to make us all slaves, by fettering us with His mischievous Negative Voice, and His absolute exercise of our Militia, which seemes to me to be nothing lesse, then a desire to pick a quarrell with us, that so, Mr Speaker, they might come in againe for some more of our guids; therefore Mr Speaker, I cry out for union and peace upon just principles: For the very beginnings of War againe amongst us, would presently destroy that little Trade that is left, and then undoubtedly comes in famine, which is already at our very doores; for Mr Speaker, they were told a story to this effect, That some Wilkesshire Cloathiers, comming to the Sarazens head in Friday-street, had for a truth reported to the Master of the house, that Trading was already so decayed in their Country, that that Cloathier that used to set an hundred poor people at worke, could now scarce set twelve; insomuch, that the poor peoples necessities were growne so great in that Country, that they already begin in companies of six, ten, Edition: current; Page: [6-573a] 12. 20, &c. to meet together in the Market Roads, and to take away the Country-mens Corne, as they carried it to sell at the Market, and before their faces to divide it amongst themselves, but give them their Horses and Sacks againe; and withall tell them, that meer hunger forced and necessitated them to do what they did.

And truely Mr Speaker, things are like shortly to be as bad at London, for want of Trade; for I have heard such grievous complaints from two sorts of people especially, that it would pitty any mans heart (that hath the heart of a man) to hear of the wants and necessities of divers families amongst them, that formerly had lived in good fashion; and they are the Weavers & Cloathworkers; and as for the Weavers, their Trade consisting principally in Ribbons and Laces; but superfluities in such things being laid aside, their Trade was growne exceeding dead, and many hundreds of their families falne into great miseries and wants, by reason that the most part of that little remaining part of their Trade that is left them, is taken from them by French men, Walloons, &c. and that which adds unto their misery, Mr Speaker, is this; That the Lord Major and Court of Aldermen, do put in execution of late A MOST WICKED, ILLEGAL Order, or Ordinance, of their owne making, by reason of which, their Catchpoles, seize upon the goods of the said poor Free-men of London, and beat and wound them, yea, and have committed murder upon some of them, if they come to any Innes, &c. and offer to sell their goods to any but Shop-keepers, who will give them but what they please for them; so that the poor Weavers, though Free-men of London, are not only in miserable poverty, but in the miserablest slavery (in the City where they by name are Free-men) that it is possible for men to be in, and to beat it with patience.

And Mr Speaker, the poor Cloathworkers, who by the expresse Statute-Law of the Kingdom, ought to dresse one white cloath in ever tenne,* that the Merchant, Patentee Monopolizers, commonly called the Merchant Adventurers, sends into the Low-Countries, and Denmarke; but now by reason that the chiefest of that Law, Liberty and Trade-destroying Monopoly, are Commissioners of the Custome-House, which in justice, equity and reason, no Trading Merchants whatever, never ought to be, they are deprived of their right in that particular, and crush’d in pieces with potency, and great purses; whereas, in the time of so exceeding great decay of Trade, it were more just and necessary to enable them to dresse the other nine, to set their poor families at work, many of which are ready to starve, then to take one piece of the tenth Cloath from them.

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Mr. Speaker, All these things, with many more that then were minded, represented the miseries of this Kingdom very sad and great, and made the present Speaker there conclude, That if War did come amongst us, of necessity Famine would follow, and that would occasion all the poor people all over England to rise confusedly in hurly burly, and to cut the throats of their rich neighbours, to get their riches to buy them bread to keep them alive: and whether or no they might not as soon fall upon us, that they looked upon as Round-heads, Independent, Sectaries, &c. and so destroy us for our cordial and faithful adherence to the Parliament, whom now the most of them looked upon as those that had brought all their evils and miseries upon them. From all which considerations, it was (Mr. Speaker) with carnestnesse pressed vigorously to promote this Petition all over the Kingdom, as the onely means to heal and cure all our diseases and maladies, the things therein contained being so just in themselves, that none but those that desired to be absolute Tyrants, could speak against them: the obtaining of which would settle peace and quietnesse amongst us, and so cause Trade again to flourish. And Mr. Speaker, to presse this nail home to the head, I do confesse that I further added, that if such a generall confusion (as before is spoken of) should arise, it would then (I was confident of it) be greater security from the rage of the rude multitude, to be known to be “a vigorous prosecutor of this gallant, just and righteous Petition, (that did as much concern their good as our own) then to wear a blue Ribbon in our hats. And truly, Mr. Speaker, I may now with my pen add this, That blue Ribbons being Sir Thomas Fairfax his Colours, who now with his Army are the grand and strong protection of all those that march under his Colours under which whosoever shall come, may probably think to have safety; yet I was of opinion, and still am, That publick knowledge of a vigorous and strong acting in so transcendent, gallant and just a Petition as this is, in the day of a feared universall storm in England, will be of greater security and protection, then to be one of Sir Thomas Fairfax his Army, and to wear his Colours of blue Ribbons in his hat: for the Kingdom generally look upon the Souldiers now as their oppressors, and destroyers of their Laws, Liberties and Properties: but the promoters and procurers of the just things contained in this Petition, cannot chuse but be looked on by them as the repairers of their breaches, and the restorers of their Laws and Liberties.

Mr. Speaker, When we were coming away, there was one of the company said, That he heard a rumour abroad, as if the Lords had offered me a large sum of money so I would desist from prosecuting this large Petition; he therefore desired me to give him a true account, whether this report were true or no.

Unto which I answered to this effect, That it was not true; but it was possible it might arise from the report of some Messages I lately had received from the Lord Wharton: And Mr. Speaker, for that particular, I told him to this effect, That not long since, there came a Gentleman of some quality (and a man I look upon as an ingenuous man) to my lodging in London, and told me before two other Gentlemen (friends of mine) to this effect, That my Lord Wharton remembred Edition: current; Page: [6-574a] “his respect unto me, who (he told me, he was very confident) was my very good friend, and would willingly serve me (and that he did beleeve, cordially) in any thing that lay within his power; and who, as he told me, did very much consider my long suffering condition, by reason of which he did beleeve money was not very plentifull with me, and therefore he was come from him to let me know, that he hath in readinesse a very considerable token for me, which he would send me, if he thought it would not be scorned, but accepted in love and respect.

Unto which (after a little pause) I answered to this effect, That I desired him to present my service to his Lordship, and from mee to thank him for his civility and courtesie towards me; But for me to receive his money, I could not in the least do it: because for me who professed ingenuity, and abhorred ingratitude (as a most dishonourable thing in any man whatsoever) to receive his money, it must needs to me become an obliging engagement, and tie me one way or another to studie how to requite it, which truly I told him, to his Lordship, (as he was now a Patentee prerogative Lord, and exercised a Legislative and arbitrary power by vertue thereof, which I looked upon as altogether destructive to the very being of the Liberties and Freedoms of the Commons of England) I could not in the least do it: but was absolutely resolved to professe open War with his arbitrary Prerogative-Lordship as long as I had breath in my body, and never to be reconciled unto it: And therefore in short, tell his Lordship from me, that if I were in such great straits, that I had not one penny in all the world (nor knew not where to borrow it) to buy me, my Wife, and Children bread to save us alive, and if in this great strait, his Lordship as he now is, should send me ten thousand pounds in gold, I would scorn to accept, or let my fingers so much as touch one peece of it; or that any that belonged to me, with my consent should do it for me.

But I desired him to tell his Lordship from me, that if he pleased to throw away his arbitrary, tyrannical pattentee, Lordly power, (which was, and would be the ruine of this Kingdome) and would put himself upon the affection of his Countrey, to be chosen a Knight of a Shire, as a well-deserving Englishman, I should then honour him, and be willing and ready to accept of the meanest token that he should send me, though it were but Five shillings, and judg my self obliged to serve him, and should readily doe it, yea, in preserving his reall propriety in his great estate unviolably; yea, and the title of his Honour, hereditary to his posterity for ever. And as I told my friend, Mr. Speaker, the Report might arise from this, which relation is true, and hath not been delivered to me once, nor twice, but oftner. But Mr. Speaker, I shall acquaint you further, that I in part acquainted my friend, how ingenuously I had dealt not only with my Lord Wharton, but the whole House of Peeres; in that I obeyed their first Warrant they sent to me to come to their Barr, the 10th. June, 1646. and immediatly as soon as I was served with it, being about six a clock on the next morning at my own house, (and I was to appear before them at Ten the same morning) I went immediately to my Lord Whartons house; and he being not stirring, I desired his servant to tell his Lordship what had happened; and that in regard I was obliged to their Edition: current; Page: [6-574b] House, for the late Justice they had done for me about my reparations against the Star-chamber Judges, BEING OLD SIR HENRY VANE, &c. I was resolved for ingenuity and gratitudes sake, to vaile my Bonnet to them, as farre as with honesty and a good conscience I could; And therefore it was that I had obeyed their Warrant, and promised to appear at their Barre; which, as I sent him word, was more then by Law I was bound unto: but yet when I came there, I was resolved at their Bar, to protest against their jurisdiction over a Commoner; but I could doe no lesse then acquaint his Lordship with it before-hand, that so if he pleased to save and preserve the honour of their House, he might; if not, I would doe it, if I dyed for it: And if his Lordship pleased, I would meet him at the stroke of Nine a clock at COL. FLEETWOODS in black Fryers, to talk with him further about it, where he appointed to meet me; and away went I, to a friend, and drew up my Protestation, leaving him one copy to print in case I were imprisoned, and I took another, with my hand and seal to it; and accordingly, Mr. Speaker, I met my Lord at Col. Fleetwoods house, who as I remember, was gone abroad, whereupon I walked with my Lord to the black-Fryers bridg, where we had a large discourse about the Lords originall jurisdiction over Commoners; and I shewed him my protestation, the marrow of which he read; and I earnestly intreated him that he would be pleased to speak to the EARL OF ESSEX AND WARWICK, AND MY LORD ROBERTS, who was the principall man that had done all my businesse for me, and tell them from me, I bore so much honourable respect unto them, and their House, that if they pleased to command me to wait upon them, I would; and upon all the rest of the Lords in the house, and freely answer them to any questions that they in honour could demand of me, and I in conscience return an answer to, alwayes provided they talked not with me as a House, nor a Committee from their House, for having been fighting for my Liberties and Freedoms, I protested unto his Lordship before the God of Heaven and Earth, (and so I wish’d him to tell them) that if they forced me to their Bar, I both must and would protest against their incroachment upon the Commoners Rights, and appeal for justice against them to the House of Commons, although I died for it immediatly: And his Lordship told me, he beleeved the House of Commons would not stand by me: and I answered, I was confident they would, for it was their own Interest; but if they would not, I told his Lordship, now I knew my Liberties, I would never betray them while I breathed. And this, my Lord, I tell you further, and do professe it before Almighty God, that if your House will not be ruled by reason, but by their greatnesse think to crush me, and by force engage me in a contest against you, I so well understand the firmnesse of the grounds upon which I go, that I will venture my heart bloud against you, and never make peace with you, till either you have destroyed me, or I have plucked you or your Usurpations up by the roots. So away he went, and kept it off till about one of the clock. And, Mr. Speaker, when I was called in to their Bar, in going in I put no affront upon them, but went bare-head, and gave them three or four conges (with all respect) before I came to their Bar: where they fell a Edition: current; Page: [6-575a] playing the High Commission Court with me, in examining me upon Interrogatories against my self; which forced me to deliver in my Protest against them; so that, Mr. Speaker, I am sure I pick’d no quarrell (nor sought any) with them. But now, Mr. Speaker, being so deeply engaged against them by their own folly as I am, for the preservation of the Laws and Liberties of my native Country, against their trampling them under their feet, in the enjoyment or practise of their usurpations, I will never make peace with them while I live, but studie night and day how to pluck them up by the roots; which I am confident, Mr. Speaker, is also the duty of this House, if they will rightly and truly discharge their duty to the Kingdom, according to that trust they have reposed in them.

The Reader may be pleased to take notice that at the Bar when I was speaking of writing of Letters, I took notice of one of the priests positive Charges, which was that I had writ a Letter to Sir Anthony Weldon of Kent: which I told M. Speaker was the absolutest lye in the world, for I never had a hand in the least in writing or indicting a Letter to Sir Ant. Weldon, neither did I read or heard read any Letter unto him; But M. Speaker said I, there is well nigh forty lyes more as palpable ones as this in his Relation, which I dare with confidence aver it at this bar, it I had in writing verbatim the very relation that he hath now made before this House by word of mouth, (for all his confidence) that I could by multitude of witnesses of upright life & conversation in all their conversings with their neighbours, and of untainted fidelity to the Parliament and the common interest of the Kingdom in the worst of times, punctually prove the greatest part of forty absolute lyes and falshoods, in his present confident relation; and for his averring that I said or it was said at the meeting that we would only make use of the Parliaments name, and of our Petition to them, for a cloak to colour our raising of the people til we were strong enough to destroy them; M. Speaker, I aver it with confidence upon my life there was no such thing spoken at all in the foresaid meeting, or any thing so much as tending thereunto all the time I was there, but the absolute quite contrary; the truth of which I am confident will if need require, be averred upon Oath by the generality of the whole Company then met together.

And therefore Master Speaker I shall draw towards a conclusion; but being that which followed is printed at large in the 17, 18, 19, 20, 22, &c. pages of the forementioned Book Called a Whip for the present House of Lords, I for brevities sake shall here passe it over and refer the Reader if he pleases to the perusing of it there, where also he will find I was like to be murthered at the House door by their Guard, because I would not go to prison but by vertue of a Warrant made according to that forme the law requires all Mittimusses to be; but being overpoured with drawn Swords and bent Muskets, I was forced to the Tower as a pretended Traytor; And therefore to record to posterity the desperate and inveterate malice and hatred of Cromwel and his associats against the Liberties and freedoms of England who to the breadth of an haire are like those wicked men in Christs time unto whom in Mat. 23 13. he thus speaketh: But we unto Scribes and Pharisees Hypocrites, for ye shut up the Kingdom of Heaven against men, for ye neither goe in you selves, neither suffer ye them that are entring to go Edition: current; Page: [6-575b] in; Even so traiterous, bloody and ambitious Cromwell and his wicked associats will neither do good themselves in settling the Liberties of England nor suffer those that would to doe it, therefore woe unto them hypocrites and printed Sepulchers, who for all their fair pretences hate the Liberties of England more then they do the Devil, and rather then the people shall enjoy any real good for all the cost and hazards in seaven yeares wars for their Liberties and Freedoms, and so rid themselves of their Lordly and tyrannicall yoaks, they will shake Kingdoms and Nations, and hazard all yea their own lives by dint of Sword in new and bloody Wars, rather then the people shall enjoy their Liberties, or those without an imprisonment for Traytors that fairely and justly prosecute them; the last war in this Nation and all the innocent blood shed therein, lying principally upon Cromwel and Iretons store for breaking all their faith, promises and engagements made unto the Kingdom for their glorious setling of their Liberties which they not only failed in but begun to set up a selfish and Tyrannicall Interest of their own, and persecuted unto death and bonds the zealous sticklers for the peoples welfare, liberties and freedoms, which begot heart burnings and divisions, and thereby put the people into fury and madnesse, which brought in an inundation of bloudshed. For the demonstrating this in part take here.

A Copy of the Petition (for promoting of which M. Iohn Wildman and I were imprisoned a matter of seven months as Traytors, which thus followeth.

To the Supream Authority of England, the Commons assembled in PARLIAMENT.

The earnest Petition of many Free-people of this Nation.

SHEWETH,

THat the devouring fire of the Lords wrath, hath burnt in the Bowels of this miserable Nation, untill its almost consumed.

That upon a due search into the causes of Gods heavie judgements, we find(a) that injustice and oppression, have been the common Nationall sinnes, for which the Lord hath threatned woes, confusions and desolations, unto any people or nation; Wo (saith God) unto the oppressing City, Zeph. 3. 1.

That when the King had opened the(b) Flood-gates of injustice and oppression(c) upon the people, and yet peremptorily declared, that the People, who trusted him for their good, could not in, or by their Parliament require any account of the discharge of his trust; and when by a pretended negative voice(d) to Laws, he would not suffer the strength of the Kingdom, the Militia, to be so disposed of, that oppression might be safely remedied, and oppressours brough to condigne punishment, but raised(e) Edition: current; Page: [6-576a] a War(f) to protect the subverters of our Laws and Liberties, and maintain Himself, to be subject to no accompt, even to such oppressions, and pursuing after an oppressive power, the Judge of the earth with whom the Throne of iniquity can have no fellowship, hath brough him low and executed fierc wrath upon many of his adherents.

That God expects justice from those before whose eyes he hath destroyed an unjust generation, Zeph. 3, 6, 7. and without doing justly, and relieving the oppressed, God abhors fastings and prayers, and accounts himselfe mocked, Pro. 19. 8. Isa. 10, 11, 12, 13, 14, 15, 16, 17. & 29. 13, 14. & 58. 45, 5, 6, 7. & 66. 2, 3. Jer. 6. 19, 20. & 7. 9, 10, 11, 14. Amos. 5. 6, 7. 15. 21, 22, 23. Mich. 6. 6, 7, 8.

That our eyes fail with looking to see the foundations of our Freedoms and peace secured by this Honorable House, and yet we are made to depend upon the Will of the King, and the Lords, which were never chosen or betrusted by the People, to redresse their grievances. And this Honorable House, which formerly declared that they were the Representatives of all England, and be trusted with our estates, liberties and lives, 1 part Book of Decla. 264. 382. do now declare by their practice, that they will not redresse our grievances, and settle our freedoms, unlesse the King and the Lords will.

That in case you should thus proceed, Parliaments will be rendred wholy uselesse to the People, and their happinesse left to depend solely upon the will of the King, and such as he by his Patents creats Lords; and so the invaluable price of all the precious English bloud, spilt in the defence of our freedoms against the King, shall be imbezelled, or lost; and certainly, God the avenger of bloud, wil require it of the obstructors of justice and freedom, Judges 9. 23.

That though our Petitions have been burned, and our persons imprisoned, reviled, abused, only for petitioning, yet we cannot despair absolutely of all bowels of Compassion in this Honorable House to an enslaved perishing people. We will nourish some hopes that you will at last consider our Estates are expended, the whole trade of the Nation decayed, thousands of families impoverished, and mercilesse Famine is entring into our gates, and therefore we cannot, but once more essay to pierce your ears with our dolefull cries for Justice and Freedom, before your delays wholy consume the Nation. In particular, we earnestly intreat;

First that seeing we conceive this Honorable House intrusted by the People, with all power to redresse our grievances, and to provide security for our Freedoms, by making or repealing laws, Erecting or abolishing Courts, displacing or placing Officers, and the like; and seeing upon this consideration, we have often made our addresses to you; and yet we are to depend for all our expected good, upon the wills of others, who have brought all our misery(g) upon us: that therefore in case this Honourable House will not, or cannot according to their trust, relieve and helpe us, that it be cleerly declared; that we may know to whom as the Supreame power, we may make our present addresses before we perish, or be enforced to flie to the Prime Laws of nature(h) for refuge.

2. That as we conceive all Governours and Magistrates being the Edition: current; Page: [6-576b] Ordinance(h) of men, before they be the Ordinance of God; and no authority being of God approbationally, but what is erected by the mutual consent of a People; and seing this Honorable House alone represent or ought to represent the people of this Nation; that therefore no person whatsoever be permitted to exercise any power or authority in this Nation, who shall not cleerly and confessedly receive his power from this House, and be always accountable for the discharge of his trust, to the people in their representers in Parliament; or otherwise, that it be declared who they are which assume to themselves a Power according to their own wils, and not received as a trust from the People, that we may know to whose Wills we must be subject, and under whom we must suffer such oppressions as they please, without a possibility of Justice against them.

3. That considering, that all just power and Authority in this Nation, which is not immediately derived from the people, can be derived only from this honourable House; and that the People are perpetually subject to Tyranny, when the Jurisdiction of Courts, and the power and Authority of Officers are not cleerly described, and their bounds and limits(i) prefixed: That therefore the Jurisdiction of every Court of Judicature, and the power of every Officer or Minister of Justice, with their bounds and limits, be forthwith declared by this Honorable House, and that it be enacted, that the Judges of every Court, which shall exceed its jurisdiction, and every other Officer or Minister of Justice, which shall intermeddle with matters not coming under his Cognisance, shall incur the forfeiture of his and their whole estates: and likewise, That all unnecessary Courts may be forthwith abolished; and that the publick Treasury, out of which the Officers solely ought to be maintained,(k) may be put to the lesse charge.

4. That whereas there are multitudes of complaints of Oppression by Committees of this House, determining particular matters, which properly appertains to the cognizance of the Ordinary Courts(l) of Justice; and whereas many persons of faithfull and publick spirits have been and are daily molested, vexed, imprisoned by such Committees, sometimes for not answering Interrogatories, and sometimes for other matters, which are not in Law criminal; and also without any legal Warrants expressing the cause, and commanding the Jaylor safely to keep their bodies untill they be delivered by due course(m) of Law: And by these oppressions the persons and estates of many are wasted and destroyed; That therefore henceforth no particular cause, whether criminal or other, which comes under the cognizance of the Ordinary Courts of Justice, may be determined by this House, or any Committe thereof; or any other then by those Courts whose duty it is to execute such Laws as this Honourable House shall make, and who are to be censured by this House in case of injustice: Alwayes excepted, matters relating to the late War, for indemnity for our assisters; and the exact observation Edition: current; Page: [6-577a] of all Articles granted to the adverse(n) Party; and that henceforth no person be molested or imprisoned by the will or arbitrary powers of any or for such matters as are not crimes(o) according to Law. And that all persons imprisoned at present for any such matters, or without such legal Warrants as above-said, upon what pretence, or by what Authority soever, may be forthwith released, with due reparations. See the Armies Book of Declar. pag. 11. 31. 32. 33. 34. 45. 97.

5. That considering its a Badge of our slavery to a Norman Conqueror, to have our Laws in the French Tongue; and it is little lesse then brutish vassalage to be bound to walk by Laws which the people(p) cannot know, that therefore all the Laws and Customs of this Realm be immediately written in our mother-Tongue(q) without any abbreviations of words, and in the most known vulgar hand, viz. Roman or Secretary; and that Writs, Processes, and Enrolments be issued forth, entred, or inrolled in English, and such manner of writing as aforesaid.

6. That seeing in Magna Charta, which is our native Right, it is pronounced in the name of all Courts, That we will sell to no man, we will not deny, or defer to do any man either Justice or Right: notwithstanding we can obtain no Justice, or Right, neither from the common ordinary Courts, or Judges, nor yet from your own Committees, though it be in case of indempnity for serving you, without paying a dear price for it; that therefore our native(r) Right be restored to us, which is now also the price of our blood; that in any Court whatsoever, no moneys be extorted from us, under pretence of Fees to the Officers of the Courts or otherwise; And that for this end sufficient salaries or pensions be allowed to the Judges, and Officers of Courts, as was of old out of the common Treasury, that they may maintain their Clerks and servants, and keep their Oathes uprightly, wherein they swear to take no Money or cloaths, or other Rewards, except meat and drink in a small quantity, besides what is allowed them by the King: and this we may with the more confidence claim as our Right, seeing this honorable House hath declared, in case of Ship-money, and in the case of the Bishops Canons, that not one penny by any power whatsoever, could be levyed upon the people, without common consent in Parliament, and sure we are that the Fees now exacted by Judges and Clerks, and Jaylors, and all kinde of Ministers of Justice, are not setled upon them by Act of Parliament, and therefore by your own declared principles, destructive to our property;(s) therefore we desire it may be enacted to be death for any Judge, Officer, or minister of Justice, from the highest to the lowest, to exact the least moneys, or the worth of moneys, from any person whatsoever, more then his pension or salary, allowed from the common Treasury. And that no Judg of any Court may continue above three years.

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7. That whereas according to your owne complaint in your first Remonstrance of the(t) state of the Kingdom, occasion is given to bribery, extortion, and partiallity by reason that Judiciall places, and other Offices of power and Trust are sold and bought; that therefore for prevention of all injustice, it be forthwith Enacted, to be death for any person or persons whatsoever, directly or indirectly, to buy, or sell, or offer or receive moneys or rewards, to procure for themselves or others any Office of power or Trust whatsoever: See for this purpose 12 R 2. c. 2. & 5. & 6. Ed. 6. c. 16. & 1 patt Cooks Institutes, fol. 3. 6. & fol. 233 b. and 234. a.

8. Whereas according to Justice and the equitable sense of the Law, Goals, and Prisons ought to be only used as places of safe custody, untill the constant appointed time of speedy tryals(u); and now they are made places of torment and the punishment of supposed offenders, they being detained many years without any Legall tryals; that therefore it be Enacted, that henceforth no supposed offender whatsoever may be denyed his Legall tryall at the first Sessions, Assizes, or Gaol-delivery, after his commitment(w) end that at such tryal, every such supposed offender, be either condemned or acquitted.

9. Whereas Monopolies of all kindes have been declared by this Honorable House, to be against the fundamentall Lawes of the Land, and all such restrictions of Trade, doe in the consequence destroy not only Liberty but property; that therefore all Monopolies whatsoever, and in particular that oppressive Company of Merchant-Adventurers be forthwith abolished, and a free Trade restored; and that all Monopolizers may give good reparation to the Commonwealth, and to particular parties who have been damnified by them, and to be made incapable of bearing any Office of power or trust in the Nation; and that the Votes of this House Novemb. 19. 1640. against their sitting therein, may be forthwith put in due execution.

10. Whereas this House hath declared in the first Remonstrance of the(x) state of the Kingdome, that Ship-money and Monopolies which were imposed upon the people before the late Warre, did at least amount to 1400000l. per annum: and whereas since then, the Taxes have been double and treble; and the Army(y) hath declared that 1300000l. per annum would compleatly pay all Forces and Garrisons in the Kingdom; and the Customes could not but amount to much more then would pay the Navie: so that considering the vast summes of moneys raised by proposition-money, the fift and twentyeth part, sequestiations, and compositions, excise, and otherwise, it is conceived much Treasure is concealed; that therefore an Order issue forth immediatly from this Honourable House to every parish in the Kingdome, to deliver in without delay to some faithfull persons, as perfect an accompt as possible, of all moneys levyed in such Town, City or Parish; for what use or end soever, since the beginning of the late Warre, and to return the severall Receivers names, and that those who shall be employed by the severall Parishes in every Shire or County, to carry in those accompts to some Edition: current; Page: [6-578a] appointed place in the County, may have liberty to choose the receiver of them; and that those selected persons by the severall parishes in every County or Shire, may have liberty to invest some one person in every of their respective Counties or places, with power to sit in a Committee at London or elswhere, to be the Generall Accomptants of the Kingdom, who shall publish their Accompts every month to the publick view, and that henceforth there be onely one Common Treasury, where the Books of Accompts may be kept by severall persons, open to the view of all men.

11. Whereas it hath been the ancient Liberty of this Nation, That all the Free-born people have freely elected their Representers in Parliament, and their Sheriffs, and(z) Justices of the Peace, &c. and that they were abridged of that their native Liberty, by a Statute of 8th of H. 6, 7. and the 27 H. 8th. 24. That therefore, that Birth-right of all Englishmen, be forthwith restored to all which are not, or shall not be Legally disfranchised for some criminall cause, or are not under twenty one years of age, or servants, or beggars; and we humbly offer, That every County may have its equall Proportion of Representers; and that every County may have its severall Divisions, in which one Representer may be chosen: and that some Representatives of every Parish proportionably may be the Electors of the Sheriffs, Justices of the Peace, Committee men, Grand-jury men, and all Ministers of Justice whatsoever in the respective Counties; and that no such Minister of Justice may continue in his Office above one whole yeer without a new(aa) Election.

12. That all Statutes for all kind of Oaths, whether in Corporations, Cities or other, which insnare consciencious people, as also all other Statutes injoyning all to hear the Book of common-Prayer, be forthwith repealed and nulled, and that nothing be imposed upon the consciences of any, to compel them to sin against their own consciences.

13. That the too long continued shame of this Nation, viz. permission of any to suffer such poverty as to beg their bread, may be forthwith effectually remedied; and to that purpose, that the poor be enabled to chuse their Trustees to discover all Stocks, Houses, Lands, &c. which of right belong to them and their use, that they may speedily receive the benefit thereof, and that some good improvement may be made of Edition: current; Page: [6-578b] waste Grounds for their use; and that according to the promise of this Honourable House in your first Remonstrance, care be taken forthwith to advance the native commodities of this Nation, that the Poor may have better wages for their labour, and that Manufactures may be increased, and the Herring fishing upon our own Coasts may be improved for the best advantage of our own Marriners, and the whole Nation.

14. Whereas that burthensom Tax of the Excise lies heavie onely upon the poorer, and most ingenuous and industrious People, to their intolerable oppression; and that all persons of large Revenues in Lands, and vaste estates at usury, bear not the least proportionable weight of that burthen, whereby Trade decayes, and all ingenuity and industry is discouraged; That therefore that oppressive way of raising money may forthwith cease, and all moneys be raised by equall Rates, according to the proportion of mens estates.

15. That Mr Peter Smart, Doctor Leighton, M. Ralph Grasion, M. Hen. Burton, Doctor Bastwick, M. William Prynne, Lieut. Colonel John Lilburn, the Heirs and Executors of M. Brewer, M. John Turner, and all others that suffered any cruelty, or false, illegall imprisonment, by the Starchamber, the high Commission, or Councel-board, as also M. Alderman Chambers, and all others that suffered oppression before the Parliament, for refusing to pay illegall imposts, customs or Ship-money, or yeeld conformity to Monopolizing Patentees, may, after seven yeers attendance for justice and right, forthwith by this House receive legall and just Reparations out of the Estates of all those, without exception, who occasioned, acted in, or procured their heavie sufferings, that so in future Ages men may not be totally discouraged to stand for their Liberties and Freedoms, against oppressors and Tyrants.

16. Whereas we can fix our eyes upon no other but this Honorable House for relief in all these our pressing grievances, untill we shall be enforced to despair, we therefore desire that the most exact care be had of the right Constitution thereof: And therefore we desire that all Members of this House chosen in their Nonage, may be forthwith ejected, and that all Votes for suspension of Members from this House, may be forthwith put in execution; Provided, that the House proceed either finally to expel them, that others may be elected in their stead, or they be restored to serve their Country: And likewise that all Lawyers who are Members of this House (by reason of their over awing power over Judges of their own making) may wholly attend the Peoples service therein; and that every of them may be expelled the House, who shall hereafter plead any cause before any Court or Committee whatsoever during his Membership in this House. And we do further desire, that every Member of this House may be enjoyed under some great penalty, not to be absent above three dayes, without the expresse license of this House; and not above one month, without the license of the place by which they are betrusted: And likewise that no Law may be passed, unlesse two third parts of all the Members of this House be present, and Edition: current; Page: [6-579a] that the most speedy care be had to distribute Elections equally throughout the Nation; and that the extent of the Power and Trust of this honorable House be cleerly declared, with the true end and intention thereof, viz. To make just Laws, binding all alike for the preservation and equal good of all, but not to execute Laws.

Now whereas the particular requests in our Petitions are for the most part never debated in this House, but when we are at any time rightly interpreted in our meanings and intentions, we onely receive thanks for our good affections or promises, that in due time our desires shall be taken into consideration: and by such delayes our destractions are daily increased, and our burdens-made more heavie: therefore we desire that a Committee be forthwith appointed by this Honourable House, who may be enjoyned under some penalty, to sit from day to day, untill they have debated every particular of our request, and reported their sense of the justnesse and necessitie of them to this House, that we may attend for an Answer accordingly: and that a time be fixed when such a Committee shall make their report. And we further desire the same Committee may be invested with power to hear all our other complaints, and offer sutable remedies to this Honourable House, and to bring in the Appeals of any persons from the Judges at Westminster to this Honourable House, against their injustice, briberie, or illegall delay and oppression.

Now O ye worthie Trustees! Let not your ears be any longer deaf to our importunate cries: let not our destruction be worse then that of Sodom, which was overthrown in a moment. Let us not pine away with famine, and be worse then those who die by the sword. Oh dissolve not all Government into the prime Laws of Nature, and compel us to take the naturall remedie to preserve ourselves, which you have declared no people can be deprived of.(bb) O remember that the righteous God standeth in the Congregation of the mighty, and judgeth among the gods, and saith, How(cc) long will ye judge unjustly, and Edition: current; Page: [6-579b] accept the persons of the wicked? Defend the poor and fatherless, do justice to the afflicted and needy; deliver the poor and needy, and rid them out of the hands of the wicked.

And your Petitioners shall ever pray, &c.

Now judge O Heavens, and give your verdict O ye sons of men, where the Treason is in this Petition, for which M. Wildman and I, as the chief prosecuters thereof deserved seven months imprisonment as Traitors therefore: or rather doth it not declare that Cromwel and the rest of his fellow-binderers of the promotion and accomplishment of the just things therein contained (the establishing of which would have, in the eye of reason, prevented all the late Wars, and all the desperate hazards that were run thereby) are as grand enemies to the Liberties and Freedoms of England, as any of those ever were whom they have destroyed, and as grand Traitors to their trust as ever piss’d against a wall, meerly, soly and only seeking themselves, and their own tyrannicall domination by all their actions, their pretences being but meer stalking-horses thereto; as most cleerly appears by Cromvvel’s own Majors Impeachment of him to the Parliament, the copy of which thus follows.

Sundry REASONS inducing Major ROBERT HUNTINGTON to lay down his Commission,

Humbly presented to the Honourable Houses of Parliament, 2 August, 1648.

HAving taken up Arms in defence of the Authority and Power of King and Parliament under the command of the Lord Grey of Warke, and the Earl of Manchester, during their severall imployments with the Forces of the Eastern Association; and at the modelling of this Army under the present Lord General, having been appointed by the honourable Houses of Parliament, Major to the now Regiment of Lieutenant General Cromwel, in each of which imployments I have served constantly and faithfully, answerable to the trust reposed in me. And having lately quit the said imployment, and laid down my Commission, I hold my self tied both in duty and conscience to render the true reason thereof; which in Edition: current; Page: [6-580a] the generall is briefly this; Because the Principles, Designes and Actions of those Officers, which have a great influence upon the Army, are (as I conceive) very repugnant and destructive to the honour and safety of Parliament and Kingdom, from whom they derive their Authority. The particulars whereof being a Breviate of my sad Observations, will appear by the following Narrative.

First, That upon the Orders of Parliament for disbanding this Army, Li. Gen. Cromwel and Commissary General Ireton were sent Commissioners to Walden, to reduce the Army to their obedience, but more especially, in Order to the present supply of forces for the service of Ireland: But they, contrary to the trust reposed in them, very much hindred that service, not only by discountenancing those that were obedient and willing, but also by giving incouragement to the unwilling and disobedient; declaring, that there had been much cruelty and injustice in the Parliaments proceedings against them (meaning the Army) and Commissary Generall Letton in further pursuance thereof, FRAMED THOSE PAPERS AND WRITINGS THEN SENT FROM THE ARMY TO THE PARLIAMENT AND KINGDOM, saying also to the Agitators, that it was lawfull and fit for us so deny disbanding, till we had received equall and just satisfaction for our part service; Lieutenant Generall Cromwell further adding. That we were in a double capacity, as Souldiers, and as Commoners; and having our pay as Souldiers, we have something else to stand upon as commoners. And when upon the Rendezvouz at TRIPPLE-HEATH the Commissioners of Parliament, according to their Orders, acquainted every Regiment with what the Parliament had already done, and would further do in Order to the desires of the Army, the Souldiery being before prepared, and notwithstanding any thing could be said or offered to them by the Commissioners, they still cryed out for Justice, Justice.

And for the effecting of their further purposes, advice was given by Lieutenant Generall Cromwel, and Commissary Generall Ireton, to remove the Kings Person from Holdenby, or to secure him there by other Guards then those appointed by the Commissioners of Parliament, which was thought most fit to be carryed on by the private; Souldiery of the Army, and promoted by the Agitators of each Regiment, whose first businesse was to secure the Garrison of Oxon, with the Guns and Ammunition there, from thence to march to Holdenby in prosecution of the former advice, which was accordingly acted by Cornet Joyce; who when he had done the businesse, sent a Letter to the Generall then at Kyton, acquainting his Excellency that the King was on his march towards Newmarket: The Generall being troubled thereat, told Commissary Generall Ireton that he did not like it, demanding withall who gave those Orders; He replyed, that he gave Orders only for securing the King there, and not for taking him away from thence; Lieutenant-Generall Cromwel coming; then from London, said that if this had not been done, the King would have been sent away by the Order of the Parliament, or els Colonel Graves by the advice of the Commissioners would have caryed him to London, throwing themselves upon the favour of Parliament for that Service. The same day Edition: current; Page: [6-580b] Cornet Joyce being told that the General was displeased with him for bringing the King from Holdenby, he answered, that Lieut. Gen. Cromwel had given him Orders at London[a] to do what he had done, both there and at Oxford.

The person of the King[b] being now in the power of the Army, the businesse of Lieutenan-Generall Cromwel was to court his Majesty (both by Members of the Army, and several Gentlemen formerly in the Kings Service) into a good opinion and belief of the proceedings of the Army, as also into a disaffection and dislike of the proceedings of Parliament, pretending to shew, that his Majesties Interest would far better suit with the Principles of Independency, then of Presbytery: And when the King did alledge (as many times he did) That the power of Parliament was the Power by which we fought, Lieutenant-Generall Cromvvel would reply, That WE WERE NOT ONELY SOULDIERS, BUT COMMONERS, promising that the Army would be for the King in the Settlement of his whole Businesse, if the King and his party would sit still, and not declare nor act against the Army, but give them leave onely to mannage the present businesse in hand.

That when the King was at New-market, the Parliament thought fit to send to his Majesty, humbly desiring, that in Order to his safety, and their addresses for a speedy settlement, he would be pleased to come to Richmond; contrary hereunto resolution was taken by the aforesaid Officers of the Army, That if the King could not be diverted by perswasion (to which his Majesty was very opposite) that then they would stop him by force at Royston, where his Majesty was to lodge the first night, keeping accordingly continuall Guards upon him, against any power that should be sent by Order of Parliament to take him from us: And to this purpose out Guards were also kept to preserve his escape from us, with the Commissioners, of whom we had speciall Orders given to be carefull; for that they did daily shew a dislike to the present proceedings of the Army against the Parliament, and that the King was most conversant and private in discourse with them; His Majesty saying, that if any man should hinder his going (now his Houses had desired him upon his late Message of the 12 of May 1647.) it should be done by force, and by laying hold on his Bridle, which if any were so bold to do, he would endeavour to make it his last. But contrary to his Majesties expectation, the next morning, when the King and the Officers of the Army were putting this to an issue, came the Votes of both Houses to the King, of their compliance with that which the Army formerly desired: After his Majesty did incline to hearken to the desires of the Army, and not before: Whereupon at Caversham, the King was continually sollicited by Messengers from Lieutenant-General Cromvval, and Commissary-General Ireton proffering any thing his Majesty should desire, Edition: current; Page: [6-581a] as Revenues, Chaplains, Wife, children, servants of his own; visitation of Friends[c], accesse of Letters, and (by Commissary-General Ireton) that his Negative Voice should not be medlest withall, and that had hee convinced those that reasoned against it at the Generall-councell of the Army, as also all this they would doe, that His Majesty might the better see into all our Actions, and know our principles, which lead us to give him all those things out of Conscience; For that we were not a people hating His Majesties person, or Monarchicall[d] Government; but that we like it as the best, and that by this King; saying also, That they did hold it a very unreasonable thing for the Parliament to abridge him of them, often promising, That if his Majesty will sit still and not act against them, They would in the first place restore him to all these, and upon the settlement of our own just rights and Liberties make him the most glorious Prince in Christendome; That to this purpose for a settlement they were making severall Proposals to be offered to the Commissioners of Parliament then sent down to the Army, which should be as bounds for our party, as to the Kings businesse; and that his Majesty should have liberty to get as much of those abated as be could, for that many things therein were proposed only to give satisfaction to others which were our friends, promising the King that at the same time the Commissioners of Parliament should see the Proposals, His Majesty should have a copy of them also, pretending to carry a very equall hand between King and Parliament, in order to the settlement of the Kingdom by him, which besides their own Judgment and conscience, they did see a necessity of it, as to the people: Commissary Generall Ireton further saying. That what was offered in these Proposals, should be so just and reasonable, That if there were but six men in the Kingdom that would fight to make them good, he would make the seventh, against any power that should oppose them.

The Head-Quarters being removed from Reading to Redford, His Majesty to Woborne, the Proposals were given to me by Commissary Generall Ireton, to present to the King; which his Majesty having read told me, be would never treat with the Army or Parliament upon those Proposals, as he was then minded: But the next day his Majesty understanding that a force was put upon his Houses of Parliament by a tumult, sent for me again and said unto me, Goe along with Sir Iohn Barkley to the Generall and Edition: current; Page: [6-581b] Lieutenant Generall, and tell them, that to avoid a new war, I will now treat with them up on their Proposals, or on any thing els in Order to a Peace, only let me be saved in honour and conscience: Sir Iohn Barkley falling sick by the way, I delivered this Message to Lieutenant Generall CROMWELL and Commissary Generall Ireton, who advised me not to acquaint the Generall with it, till ten or twelve Officers of the Army were met together at the Genenerals Quarters, and then they would bethink themselves of some persons to be sent to the King about it; And accordingly Commissary Generall Ireton, Colonel(e) Rainsborough, Colonel Hamond, and Col. Rich, attended the King at Woborne for three houres together, debating the whole businesse with the King upon the Proposals; upon which debate, many of the most materiall things the King disliked were afterwards struck out, and many other things much abated by promises, whereupon his Majesty was pretty well satisfied.

Within a day or two after his Majesty removed to Stoke, and there calling for me, told me he feared an Engagement between the City and the Army; saying, he had not time to write any thing under his hand, but would send it to the Generall after me, commanding me to tell Commissary Generall Ireton, with whom he had formerly treated upon the Proposals, that he would wholly throw himself upon us, and trust us for a settlement of the Kingdome as he had promised; saying, if we proved honest men, we should (without question) make the Kingdom happy, and save much shedding of blood. This Message from His Majesty, I delivered to Commissary Generall Ireton at Colebrook, who seemed to receive it with joy, saying, That we should be the veriest Knaves that ever lived, if in every thing we made not good what ever we had promised, because the King by his not declaring against us, had given us great advantage against our Adversaries.

After our marching through London with the Army, his Majesty being at Hampton Court, Lieutenant Generall Cromwel, and Commissary Generall Ireton, sent the King word severall times, that the reason why they made no more hast in businesse, was because that party which did then sit in the House while Pelham was Speaker, did much obstruct the businesse, so that they could not carry it on at present. The Lieutenant Generall often saying, Really they should be pulled out by the ears, and to that purpose caused a Regiment of Horse to Rendezvouz at Hide-Parke to have put that in execution as he himself expressed, had it not been carryed by Vote in the House that day as he desired: The day before, the Parliament Voted once more the sending of the Propositions of both Kingdoms to the King by the Commissioners of each Kingdom at Hampton Court. Commissary Generall Ireton bade me tell the King, that such a thing was to be done to morrow in the House, but his Majesty need not to be troubled at it, for they intended it to no other end but to make good some promises of the Parliament, which the Nation of Scotland expected performance of: and that it was not expected or desired his Majesty should either Sign them or Treat upon them, for which there should be no advantage taken against the King. Upon the delivery of which Message, His Majesty replyed, he knew Edition: current; Page: [6-582a] not what Answer to give to please all without a Treaty. Next day after this Vote passed, the Lieutenant Generall asked me thereupon, If the King did not wonder at these Votes; I told him no: For that Commissary Generall Ireton, had sent such a Message by me the day before the Vote passed, to signifie the reason of it: The Lieutenant Generall replyed, that really it was the truth, and that we (speaking of the Parliament) intended nothing else by it, but to satisfie the Scots, which otherwise might be troublesome. And the Lieutenant Generall, and Com. Gen. Ireton enquiring after His Majesties Answer to the Propositions, and what it would be, it was shewed them both privately in a Garden-house in Putney, and in some part amended to their own mind.

Nota bene.But before this, the King doubting what answer to give, sent me to Lieutenant Generall Cromwell, as unsatisfied with the Proceedings of the Army, fearing they intended not to make good what they had promised: and the rather because his Majesty understood that Lieutenant General Cromwel, and Commissary Generall Ireton, agreed with the rest of the House in some late Votes that opposed the Proposals of the Army, that they severally replyed, that they would not have his Majesty mistrust them, for that since the House would goe so high, they only concurred with them, that their unreasonablenesse might the better appear to the Kingdom; And the Lieutenant Generall bade me further assure the King, that if the Army remained an Army, his Majesty should trust the Proposals with what was promised to be the worst of his conditions which should be made for him; and then striking his hand on his brest (in his Chamber at Putney,) bade me tell the King he might rest confident and assured of it; and many times the same Message hath been sent to the King from them both, but with this addition from Commissary Generall Ireton, that they would purge and purge, and never leave purging the Houses, till they had made them of such a temper as should do his Majesties businesse. And rather then they would fall short of what was promised, he would joyn with French, Spaniard, Cavalier or any that would force them to it. Upon the delivery of which Message the King made Answer, that if they doe, they would doe more then he durst doe. After this the delay of the settlement of the Kingdom was excused upon the Commotions of Colonel Martin, and Colonel Rainsborough with their adherents; the Lieutenant General saying, That speedy course must be taken for putting them out of the House and Army, because they were now putting the Army into a Mutiny, by having hand in publishing several Printed Papers, calling themselves the Agents of five Regiments, and the Agreement of the People, although some men had encouragement from Lieutenant Generall Cromwel, for the prosecution of those(f) Papers; and he being further prest to shew himself in it, he desired to be excused at the present, for that he might shew himselfe hereafter for their better advantage, though in the Company of those men which were of different judgments he would often say, that these People were a giddy-headed Party, and that there was no trust nor truth in them; and to that purpose wrote a Letter to Colonel Whaley that day the King went from Hampton Court, intimating doubtfully that His Majesties Person was in danger by them, and Edition: current; Page: [6-582b] that he should keep an Out-guard to prevent them; which Letter was presently shewed to the King by Col.* Whaley.

That about six dayes after, when it was fully known by the Parliament and Army, that the King was in the Isle of Wight, Commissary General Ireton standing by the fire-side in his Quarters at Kingston, and some speaking of an agreement likely to be made between the King and Parliament, now the Person of the King was out of the power of the Army: Commissary Gen. Ireton replyed with a discontented countenance, that he hoped it would be such a Peace, as we might with a good conscience fight against them both. Thus they who at the first taking the King from Holdenby into the power of the Army, cryed down Presbyterian Government, the proceedings of this present Parliament, and their perpetuity, and in stead thereof held forth an earnest inclination to a moderate Episcopacy, with a new election of Members to sit in Parliament for the speedy settlement of the Kingdom; and afterwards when the Eleven Members had left the House, and marched thorow London with the Army, the seven Lords impeached, the four Aldermen of London committed to the Tower, and other Citizens committed also; then again they cryed up Presbyterian Government, the perpetuity* of this present Parliament. Lieutenant Gen. Cromwel further pleasing himself with the great Summs of money which were in arrear from each County to the Army; and the Tax of sixty thousand pound per Month for our maintenance; Now, saith he, we may be, for ought I know, an Army so long as we live; and since the sending forth the Orders of Parliament for the calling their Members together, Lieutenant Gen. Cromwel perceiving the Houses will not answer his expectation, he is now again uttering words, perswading Edition: current; Page: [6-583a] the hearers to a prejudice against the proceedings of Parliament, again crying down Presbyterian Government, setting up a single Interest, which he calls an honest Interest, and that we have done ill in forsaking it: to this purpose it was lately thought fit to put the Army upon the chusing new Agitators, and to draw south of the House of Parliament 60 or 70 of the Members thereof, much agreeing with his words he spake formerly in his Chamber at Kingstone, saying, What sway Stapleton and Hollis had heretofore in the Kingdom! and he knew nothing to the contrary, but that he was as well able to govern the Kingdom as either of them; so that in all his discourse nothing more appeareth but his seeking after the Government of King, Parliament, City, and Kingdom; for the effecting whereof, he thought it necessary, and delivereth it as his judgment, that a considerable Party of the chief Citizens of London, and some of every County, be clapt up in Castles and Garisons, for the more quiet and submissive carriage of every place to which they belong. Further saying, that from the rising of the late Tumult in London, there should be an occasion taken to hang the Recorder and Aldermen of London then in the Tower; that the City might see, the more they did stir in opposition, the more they should suffer: adding, That the City must first be made an example. And since that Lieutenant Gen. Cromwel was sent down from the Parliament for the reducing of the Army to their obedience, he hath most frequently in publick and private, delivered these ensuing heads as his Principles, from whence all the foregoing particulars have ensued, being fully confirmed, as I humbly conceive, by his practice in the transaction of his last yeers businesse.

1. That every single man is Judge of just and right, as to the good and ill of a Kingdome.

2. That the Interest of honest men is the Interest of the Kingdom. And those onely are deemed honest men by him, that are conformable to his judgment and practice: Which may appear in many particulars. To instance but one, in the choice of Colonel Rainsborow to be Vice-Admiral; Lieutenant General Cromvvel being asked how he could trust a man whose Interest was so directly opposite to what he had professed, and to one whom he had lately aimed to remove from all places of Trust: He answered, That he had now received particular assurance from Col. Raynsborovv, as great as could be given by man, that he would be conformable to the judgment and discretion of Himself and Commissary Gen. Ireton, for the managing of the whole businesse at Sea.

3. That it is lawfull to passe through any forms of Government, for the accomplishing of his end; and therefore either to purge the Houses, and support the remaining Party by force everlastingly: Or to put a period to them by force, is very lawfull, and sutable to the Interest of honest men.

4. THAT IT IS LAWFUL TO PLAY THE KNAVE WITH A* KNAVE.

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These Gentlemen aforesaid in the Army thus principled, and as by many other circumstances may appear, acting accordingly, give too much cause to beleeve, that the successe which may be obtained by the Army (except timely prevented by the wisdom of the Parliament) will be made use of to the destroying of all that Power for which we first engaged, and having (for above these twelve months past) sadly and with much reluctancy observed these severall passages, yet we have some hopes that at length there might be a returning to the obedience of the Parliament; and contrary hereunto, knowing that Resolutions were taken up, that in case the Power of Parliament cannot be gained to countenance their Designes, then to proceed without it; I therefore chose to quit my self of my Command, wherein I have served the Parliament for these five yeers last past, and put my self upon the greatest hazards by discovering these Truths; rather then by hopes of gain with troubled minde, continue an assistant or abbettors of such as give affronts to the Parliament and Kingdom by abusing of their Power and Authority, to carry on their particular Designs. Against whom (in the midst of danger) I shall ever avow the truth of this Narrative: and my self to be a constant, faithfull and obedient Servant to the Parliament of England.

Robert Huntington.

August 2. 1648.

Courteous Reader,

Before these REASONS of Major Huntington’s, just after the end of the foregoing Petition, in pag. 53. should have followed the Copy of another, very pertinent to the illustration of Cromwel’s and his creatures malice at the Liberties of England: But in regard it was forgot, take it here; and it thus followeth.

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To the Honorable the chosen and betrusted Knights, Citizens, and Burgesses assembled in PARLIAMENT:

The humble Petition of divers wel-affected Free-born people of England, inhabiting in and about East-Smithfield and Wapping, and other parts adjacent:

SHEWETH,

THat as this honourable House was chosen by the people to redresse their grievances; so we conceive it our native right to meet together to frame and promote Petitions, for your better information of all such things as are by experience found burthensome and grievous to the Common-wealth, That accordingly this honorable House hath declared, that it ought to receive Petitions, though against things established by Law: That in the use of this our native acknowledged right we (together with Lieutenant Col. John Lilburn, and Mr John Wildman) were met together in East-Smithfield upon the 17 of January last, and discoursed upon these ensuing particulars, viz. Some scrupled the very petitioning this House any more, as a thing from whence (notwithstanding their having hazarded their lives for their Freedoms) they had hitherto received nothing but reproaches and injuries, and were answered (by one of the persons before-named) to this effect. That it was their duty alwayes, and their wisdome, in this juncture of time, to use their utmost diligence to procure the settlement of the Common-wealth; and that warr, famine, and confusion could no other way in probability be prevented. And it was generally concluded, that the most visible interest of the people was, to uphold the Honor of this House, and to preserve it from contempt.

2. There was likewise an occasionall Discourse about the Right of the Lords to the Law-giving power; And herein was debated the danger of such an Arbitrary authority (as that is in its own nature) residing in any persons during life, and much more of its descending as an inheritance from Generation to Generation, and somthing was added from our sad experience of the mischiefs which have ensued hereupon: In particular, it was declared, how their exercise of that claim might be charged in reason with all the precious blood that hath been spilt in the late War, because the King had never had opportunity to Levie an Army against the people and Parliament, if the Lords had not deferred so long after many sollicitations by the Commons to passe the Ordinance for setling the Militia.

3. It was also accidentally wondred at, why LIEUTENANT GENERALL CROMWELL, and COMMISSARY GENERALL IRETON, should now of late urge, That no more addresses should be made to the King, whereas they have formerly pleaded, Edition: current; Page: [6-584b] that he might be brought in even with his Negative voice. Whereupon Lieutenant Colonell Lilburn related a story, That a member of the House of Commons (having information from a credible person, That the King had promised Lieutenant Gen. Cromwell, a blue Ribbond with a George, and the Earldome of Essex, besides other places of honour and profit to his Son, Commissary Gen. Ireton resolved) to become another Felton, rather then to suffer his Countrey to be so betrayed: But the Gentleman being disswaded by Friends, and intelligence hereof being sent to the Lieutenant Generall, a Fast ensued at the Head quarters’, and so he concurred with the House in the late Vote against the King. Neverthelesse, in Mr. Wildmans opinion, he was necessitated into such a Turn, because THE SCOTS having bid HIGHER for the King then he had done, his offer was rejected, and they relyed on.

4. Some consideration was had about proportionable assistances towards the charge of printing our Petitions.

5. It being among other things enquired, whether there were any truth in this rumour, That the Lords had sent to Lieutenant Colonell Lilburne, and offered him 3000 l. to desist in the large Petition now abroad. The Lieutenant Col. answered, That it was a false groundlesse report, and that he knew no occasion for it, unlesse it were because a Lord had sent to him, to tell him, he would send him a token of his love, if he thought it would be accepted. To which he answered, That he would not be engaged to any Patentee Lord, and some other words to that effect.

6. There was a relation made by a person, that some poor people in THE COUNTRY did meet together in Companies, and did violently take away the Corn as it was going to Market, saying that it was their great necessity caused them so to do: whereupon, we fearing lest the calamity might be more generall, did ask how we should best preserve our selves in case of such Tumults, because we bore the names of Round heads, INDEPENDENTS, &c. for adhering to the Parliament? and we satisfyed by Lieutenant Colonel Lilburn to this purpose. Friends, The only way for you to be secured is to promote this Petition to the House, that so when the people come to be enformed (by the Petition) of your reall intentions to the common good of the whole Nation, as well as to your own, you will be thereby safer then those which have blew Ribons in their hats, that being the Generalls Colours, and the moderne badge of Protection.

7. It was lastly delivered as from a good hand, That some LORDS were willing their Law giving power should not descend as an Inheritance to their Posterity, and that they were willing to part with their Priviledge of freedom from arrests.

This being the summe and principall matter of what passed at the aforesaid meeting, as we are ready to attest upon our oaths, if we shall be thereunto called; And understanding that our said dear Friends, Lieutenant Colonel John Lilburn, and Master Iohn Wildman (who are therefore deare to us because they have manifested themselves faithfull to the Publique) stand committed by this House, in relation to the said Meeting as Treasonable Edition: current; Page: [6-585a] and seditious practisers against the State. We cannot but be extreamly troubled, not only in regard of their particular sufferings and our own equall concernment, especially upon the consequence thereof, as tending in a great measure to the disinfranchisement of the Nation, from whom the Liberty of complaining must then be taken away, when most cause is given them to complain.

Wherefore your Petitioners do most humbly pray, That Lieutenant Colonel Lilburn, and Master Iohn Wildman, may be forthwith enlarged, our selves secured, and with the rest of our Countrymen encouraged in a peaceable manner, to make their addresses to this Honorable House, and to render fruitlesse the practises of all such as under any coate shall seek to sow discord between you and yours.

And your Petitioners shall pray, &c.

Iames Worts

Roger Sawyer.

Herry Giding.

Tho. Chapman.

Valent. Elsign.

Dennis Liddall

George Brown.

Edward Pardo.

Tho. Goddad.

Tho. Culles.

Tho. VVilliams

Iohn Merihust.

Mich. Reeve.

Iohn North.

Iohn VVells.

Ed. Floyd.

Rob. Bagesse.

Iohn Sowden.

Rob. Levite.

Andrew Dedman.

This Petition thus subscribed was (as I remember) delivered to the House of Comons the very same week Master Wildman and my self was first imprisoned as Traytors in reference to the foresaid Petition; but this Petition was to no purpose nor took no effect; which rightly weighed, is a clear demonstration we were not imprisoned for miscarriage in mannaging the Petition, but meerly and barely out of malice and hatred at us for promoting zealously a Petition that tended effectually to the case of the People of their grievances, and make us really Free-men; and therefore from hence &c. And let all unbiased people judge whether Cromewl and his Associates, or my selfe and those he hath nicknamed Levellers, be the real Traytors, disturbers of the peace, and the malicious and wicked hinderers of the Setlers of their Freedoms; but to fill up this sheet and so to conclude, I shall because I often use it, here insert the Charge against the King, which thus followeth,

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The CHARGE of the Commons of England, against CHARLES STUART King of England, Of high Treason, and other high Crimes, exhibited to the High Court of Justice, Saturday the 20 of January, 1648.

The Court being sate, and the prisoner at the Barr, M. Cook Solicitor General, spake thus; My Lord, In behalf of the Commons of England, and of all the people thereof, I do accuse Charles Stuart, here present, of High Treason, and high Misdemeanors: And I do, in the name of the Commons of England, desire the Charge may be read unto Him. Which the Clerk then read, as followeth,

THat the said Charls Stuart being* admitted King of England, and therein trusted with a limited Power to govern by, and according to the Laws of the† Land, and not otherwise; And by his Trust, Oath, and Office, being obliged to use the power committed to him For the good and benefit of the People, and for the preservation of their Rights and Liberties: Yet nevertheless, out of a wicked Design, to erect, and uphold in himself an unlimited and tyrannical power, to rule according to his‖ will, and to overthrow the Rights and Liberties of the People; Yea, to take away, and make void the foundations thereof, and of all redress and remedy of misgovernment, which by the fundamental Constitutions of this Kingdom were reserved on the peoples behalf, in the right and power of frequent and successive Parliaments, or Rational meetings in Councel: He the said Charles Stuart, for accomplishing such his Designs, and for the protecting of himself and his adherents, in His and Their wicked practices to the same Ends, hath trayterously and maliciously levied VVar against the present Parliament and the People therein* Represented.

Particularly, upon or about the 13 day of June, in the yeer of our Lord, 1642, at Beverly in the County of York; And upon, or about the 30 day of July in the yeer above said, in the County of the City of York: And upon or about the 24 day of Aug. in the same yeer, at the County of the Town of Nottingham (when, and where he set up his Standard of war;) And also on, or about the 23 day of October, in the same yeer, at Edg-Hill, and Keintonfield, in the County of Warwick: And upon, or about the 13 day of Novemb. in the same yeer, at Brainford, in the County of Middlesex: And upon, or about the 30 day of Aug. in the yeer of our Lord 1643, at Cavesham Bridgneer Reading, in the County of Berks: And upon, or about the 13 day of October, in the yeer last mentioned, at, or neer the City of Glocester: And upon, or about the 13 day of Novemb. in the yeer last mentioned, at Newbery in the County of Berks; And upon, or about the 31 day of July, in the yeer of our Lord 1644, at Cropredy-Bridg in the County of Oxon: And upon, or about the 30 of Septemb. in the yeer last mentioned, at Bodmin, and other places neer adjacent, in the County of Cornwal: And upon, or about the 30 day of Novemb. in the yeer last mentioned, at Newbery aforesaid: And upon, or about the 8 day of June, in the yeer of our Lord, 1645, at the Town of Leicester: And also, upon the 14 day of the same month, in the same yeer, at Naseby-field, in the County of Northampton. At which several times and places, or most of them, and at many other places in this Land, at several other times within the yeers aforementioned; and in the yeer of our Lord, 1646, He the said Charls Stuart, hath caused and procured many thousands of the free people of the Edition: current; Page: [6-586a] Nation to be slain; and by Divisions, Parties, and Insurrections, within this Land, by invasions from forrain parts, endeavoured and procured by Him, and by many other evill ways; and meaner, He the said Charles Stuart, hath not only maintained and carryed on the said War, both by Land and Sea, during the yeeres before mentioned; but also hath renewed, or caused to be renewed, the said War against the Parliament, and good People of this Nation in this present* year 1648, in the Counties of Kent, Essex, Surrey, Sussex, Middlesex, and many other Counties and places in England and Wales, and also by Sea; And particularly, He the said Charles Stuart, hath for that purpose, Given Commissions to his son the Prince and others, whereby, besides multitudes of other persons, many such as were by the Parliament intrusted and imployed for the safety of the Nation; being by him or His Agents, corrupted; to the betraying of their Trust, & revolting from the Parliament, have had intertainment and Commission, for the continuing and renewing of war and hostility, against the said Parliament and People, as aforesaid. By which Cruel and Unnaturall wars by him the said Charles Stuart, levyed continued, and renewed, as aforesaid, much, Innocent blood of the(*) Free-People of this Nation hath been spilt; many Families have been undone, the Publick Treasury wasted & exhausted, Trade obstructed and miserably decayed, vast expence and damage to the Nation incurred, and many parts of the Land spoyled, some of them even to desolation.

And for further prosecution of His said Evill designs, He, the said Charles Stuart, doth still continue His Commissions to the said Prince, and other Rebels and Revolters, both English and Forrainers; and to the Earl of Ormond, and to the Irish Rebels and Revolters, associated with him; from whom further Invasions upon this Land are threatned, upon the procurement, and on the behalf of the said Charles Stuart.

All which wicked designs, Wars, and evill practises of him the said Charles Stuart have been, and are carryed on,* for the advancing and upholding of the personall interest of Will and Power, and pretended Prerogation to Himself and His family, against the Publics Interest, Common Right, Liberty, Justice, and Peace of the People of this Nation, on by, and for whom he was entrusted, as aforesaid.

By all which it appeareth, that He, the said Charles Stuart hath been, and is the Occasioner, Author, and Contriver of the said Unnaturall, Cruel and Bloody Wars, and therein guilty of all the Treasons, Murthers, Rapines, Burnings, Spoiles, Desolations, Damage and Mischief to this Nation, acted or committed in the said wars, or occasioned thereby.

And the said Iohn Cook by Protestation (saving on the behalf of the* People of England, the liberty of Exhibiting at any time bereafter, any other Charge against the said CHARLES STUART; and also of replying to the Answers which the said CHARLES STUART shall make to the Premises, or any of them, or any other Charge, that shall be so exhibited) doth, for the said Treasons and Crimes, on the behalf of the said People of England, Impeach the said Charles Stuart, as a Tyrant, Traytor, Murtherer, and a publick, & Implacable Enemy to the Common-wealth of England: And pray, That the said Charls Stuart, King of England, may be put to answer all and every the Premises, That such Proceedings, Examinations, Tryals, Sentence, and Judgement may be thereupon had, as shall be agreeable to Justice.

FINIS.

Edition: current; Page: [6-586b] Edition: current; Page: [6-587]

John Wood

Wood, John

Robert Everard

Everard, Robert

Hugh Hurst

Hurst, Hugh

Humphrey Marston

Marston, Humphrey

William Hutchinson

Hutchinson, William

James Carpe

Carpe, James

20 August 1649

[23]

6.23. Six Soldiers (John Wood, Robert Everard, Hugh Hurst, Humphrey Marston, William Hutchinson, James Carpe), The Levellers (falsely so called) Vindicated (n.p., 20 August 1649).

Source

[Six Soldiers (John Wood, Robert Everard, Hugh Hurst, Humphrey Marston, William Hutchinson, James Carpe)], The Levellers (falsely so called) Vindicated, or the Case of the twelve Troops (which by Treachery in a Treaty) was lately surprised, and defeated at Burford, truly stated, and offered to the Judgment of all unbyassed, and wel-minded People, especially of the Army, their fellow Souldiers, under the Conduct of the Lord Fairfax. By a faithful remnant, late of Col. Scroops, Commissary General Iretons, and Col. Harrisons Regiments, that hath not yet bowed their knee unto Baal, whose names (in behalf of themselves, and by the appointment of the rest of their Friends) are hereunto subscribed. (n.p., 20 August 1649).

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IT IS wel known, and yet fresh in the publike memory, with what monstrous and hateful defamations, as Anti-Scripturists, Libertines, Atheists, Mutiniers, Levellers, &c. we have most falsly and maliciously been deciphered out to the people and Army, on purpose to bury us under the rage and odium of our fellow-souldiers; and utterly to blast, and prejudice the common acceptance, against our late, lawful, and consciencious Undertaking: And seeing the equity of all transactions is most commonly measured by the event, and success that befals them; few considering how God many times suffereth unjust men to prosper, and spred themselves in the world, like the Green Bay Tree; and the just (for their correction and proof) to be subdued and trod under foot for a season. We are thereby at so great a seeming disadvantage amongst men, That in every thing we are fore-spoken, our truths (how palpable and evident soever) are rendred as incredible, and regardless, strength and power being on their side to countenance their actions, our enemies over awing all judgments, and forcing by the might of their lawless Sword, a credit or subjection to their own most perfidious and deceitful ways; so that, as for the fruit or success that we expect, we could still have sat in patience, and not have uttered a word, but the dishonest and treacherous dealings received, with the woful ruine of the Nation, therewith sustained in ours (evidently appearing) do so boyl at our hearts, and so prevalently press upon our consciences, that we are not able longer to rest in silence; but let the hazard to us be what it will, we shall so far presume upon the publike view, as faithfully and impartially, to set down the true state and maner of our whole proceedings in that our late undertaking, hitherto most falsly and deceitfully represented by the ruling Faction of the Army, and so leave the same to the judgment and timely consideration of all honest and consciencious people, especially of the Army, our fellow-souldiers, under the conduct of the Lord Fairfax, and amongst them in a special maner, all those that really in judgment and conscience, took up Arms for the Rights and Liberties of their Native Country, as the whole Army in their Declaration of the 14 of June, 1647. declare they all did. Thus then understanding, that we the Souldiers of Col. Scroops Regiment, and others, were allotted for the service of Ireland, without our consent; or of any of our fellow-souldiers in Counsel for us, we fell into serious debate (as in reason and honesty we could do no less, considering likewise our late solemn Engagement), whether we could lawfully, in safety to ourselves, Edition: current; Page: [6-590] and our own Native Rights in England, submit unto that forraign Service, or no? And finding by that our old solemn Engagement at New Market, and Triplo Heaths, June 5. 1647. with the manifold Declarations, Promises, and Protestations of the Army, in pursuance thereof, were all utterly declined, and most perfidiously broken, and the whole fabrick of the Common-wealth faln into the grossest and vilest Tyranny that ever English men groaned under; all their Laws, Rights, Lives, Liberties and Properties, wholly subdued (under the vizard and form of that Engagement) to the Boundless wills of some deceitful persons, having devolved the whole Magistracy of England into their Martial Domination, ruling the people with a Rod of Iron, as most mens woful experience can clearly witness; which, with the consideration of the particular, most insufferable abuses and dissatisfactions put upon us, moved us to an unanimous refusal to go, till our Conscience were discharged in the faithful fulfilment of our said Solemn Engagement to our Native Country; in which Engagement, we were expressly and particularly obliged against the service of Ireland, till full satisfaction and security were given to us, as Souldiers and Commoners, by a Councel of our own free Election, according to the rule and tenor of that Engagement, recorded in the Armies Book of Declarations pag. 23, 24, 15, 26, 27. Whereupon we drew up a Paper of some Reasons, by way of Declaration, concerning our said refusal, to deliver to our Colonel; unto which we all chearfully subscribed, with many of our Officers (especially Cornet Den, who then seemingly was extream forward in assisting us to effect our desires) which being delivered a day or two after, immediately our Officers caused a Rendezvous near unto Salisbury, where they declared, That the General intended not to force us, but that we might either go or stay; and so testifying our intents to stay, we were all drawn into the Town again, and the Colonell, with the rest of the Officers, full of discontent, threatened us the Souldiers; and because we were all, or most of one minde, he termed our Unity a Combination, or Mutiny; yet himself upon our request to know, told us, That he could not assure us, that he would go. Which fore-mentioned Paper, with a Letter, we sent to Commissary General Iretons Regiment, who took it so well, That they were immediately upon their march towards our quarters, to joyn with us, for the making good of their and our Engagement, which we, they, and the rest of the Army had engaged at New-Market and Triplo Heaths.

Edition: current; Page: [6-591]

After this, all politike means that could be thought upon, Were put in practice to work us off from our Resolutions, as severing the Troops, and dealing with them apart, not suffering the Souldiers of one Troop to come to any of the other, employing Agents and Preaching Officers from Troop to Troop, to work us to that Service; and craftily, and lyingly, telling each Troop, That the other Troops were listed for the Irish Service, surrupticiously to overreach, and gain us by that deceit. A crime they most maliciously fix upon others, whom they would make the world believe drew us to that undertaking, as in their Declaration of their proceedings against us, published last May 22. is to be seen, where page 6. speaking scandalously of some persons, naming none, yet strongly implying our four worthy Friends in the Tower, they say of them, That they sent their Emissaries and Agents into all parts, pretending from one Regiment to another, that each Regiment had declared, That so by that Artifice, they might draw each to declare. To the Forces in Wales, and the west, they gave assurances, that the forces about London would revolt; to those about London, that those in Wales, and the west, would do the same. Thus to shroud their own vileness, and to effect their own evil ends, they are not sparing to blast innocent persons with their own wicked devices themselves are so apparently and foully guilty of; and yet wipe their mouths, as if no speck or stain were upon them, and raise the report upon others.

All those devices working nothing upon us (there being no satisfaction given to our just exceptions) our Colonel fell to violent threats, and commanded us to put our Horses in a Field two miles from our Quarters; which though at first we did, yet finding the bitterness of his spirit to encrease, and that upon his information, That the General, and Lieutenant General were preparing a force against us: what could we do less, then put our selves into the best posture we could to preserve our selves, which we immediately did (and in this no man was more forward, and violently earnest, then that perfidious Apostate, Cornet Den.) And for our justification therein, we need go no further then their own words in the Armies Declaration of the 14 of June, 1647. where to justifie their own opposition and rebellion to the Orders of a full, free, unforced, unravished and [Editor: illegible word] purged Parliament, they tell us, That the Parliament hath declared it no resisting of Magistracy, to side with the just principles, and Law of Nature and Nations, being that Law upon which the Army assisted; and that the Souldiers may Edition: current; Page: [6-592] lawfully hold the hands of the General that will turn his Cannon against his Army, on purpose to destroy them.

This being done, we had further Intelligence of the greatness and speediness of the Generals preparations against us, and that, Though what we had done, did not amount to so much, as the Army had formerly done at Saffron Walden, upon the Parliaments commanding them for Ireland, yet were we strangely represented to our fellow Souldiers, by the Lieutenant General in Hide Park, under the notion of Mutiniers, Levellers, and denyers of the Scriptures, of purpose to make them engage against us; [Missing marginal note: Though none act more directly against the tenor thereof then themselves, as is too manifest by their frequent breaking of all Faith, and Premises, making nothing of Treachery, dissembling, yea, and lying too (which is not once to be mentioned amongst Saints, as they would have men think of them.) O abominable Hypocrites I know ye not, that dissembling Piety is double Iniquity; but we fear, while ye pretend to Scripture, ye believe neither it;, nor the Resurrection: For if ye did, ye would not condemn the Innocent, against Knowledg and Conscience, of those things your selves are guilty. Repent betimes, or else your portion will be with Hypocrites.] so that now we saw, there was no way of safety left us, but by standing upon our Guard, and capitulating with our Sword in our hands, being encouraged thereto, as well by our own innocency, and the equity of those things, upon which we had grounded our Resolutions: As also for that we could not think our fellow Souldiers of the Army, who with us engaged at New-Market Heath, would fight against us, for upholding the said solemn Engagement, wherein they were equally concerned and obliged with us, both as Souldiers and Commoners to each other, to us, and the whole Nation, with whom it was made. But indeed, this Treacherous Tragedy was principally managed and acted by (that Turn Coat) Reynolds, and his Regiment; who for the most of them were strangers to that Engagement. A Company of Blood-thirsty Rogues, Murderers, Theeves, High-way-men, and some that were taken in Colchester, and such as were cashiered out of other Regiments, for high misdemeanors, being entertained therein. And these were the men principally designed, and to be trusted against us, as most fittest to fight for the truth of the Scriptures, and such Saints as the Lieutenant General. [Missing marginal note: These are of the men that usually asperce the Peoples best Friends with such Language as Atheists, Levellers, Anti-Scripturists, and who lives more like such, then they? for it is they who ruine all, and destroy Propriety, by their Arbitrary and Lawless Power; and who more like Jesuites then themselves for crafty Policy, Lying, and Treachery? and certainly these be the effects, or fruits of Atheism: For by their works you shall know them.]

But to return. Hereupon our Officers leaving us, we choose new ones, and disposed of our Colours, and immediately drew up a Declaration, wherein we signified the Resolutions of the General (upon our refusal to go for Ireland) in a slight and unworthy maner to disband us, after our so many yeers hard and faithful Services; which we then knew to have been practised upon many of our fellow Souldiers in Colonel Huesons, and Cooks Regiments; and thereupon, we resolved to stand to our former Engagements made at New-Market; which the proceedings of the General and our Officers, did expressly contradict and make voyd. This Declaration was publikely read at our Rendezvous in old Sarum, where four Troops of Commissaric General Iretons met us, and Edition: current; Page: [6-593] unanimously assented to by both Regiments: whereupon our conjunction we advanced to Marlborough, and so to Wantage, where Commissioners from the General met us, to wit. Major White, Captain Scotten, Captain Peverill, and Captain Lieutenant Baily, with whom that day we did nothing, but agreed to meet at Stamford Green, the next morning by eight of the Clock, where we were all according to appointment, but the Commissioners not coming, we marched out of the field, on our way towards Abbington; and as we were upon our march the Commissioners came posting after us, and we presently made a Hault; then they overtaking us, and told us, They had Order from the General, and Lieutenant General, to heare our Desires, and endevor the Composure of our Differences; then they read a Letter unto us from the General, which took but little effect upon our Spirits; and so marching a little further, two of Col. Harrisons Troops, to wit, Cap. Pecks and Captain Winthrops were marching to their Quarters, where Cornet Den and divers others met them, And read a Declaration to them, and used many glorious invitations of them to desire them to come and joyn with us, making appeare the lawfulnesse of our cause, telling them that we were resolved to stand to our first principles, and that if there were but ten men that would stand for those just things, he would make the eleventh, with divers such like expressions, the two Troops being very willing to be satisfied in the lawfulnesse of the engagement, telling us they were marching to Thame, and the next morning we should know their resolutions: But as we were marching back againe, before we were half out of the field, we spied a partie of horse, which it seemed was the Apostate Reynolds with his mercenary damme crew (such as in our hearing most desperately swore, That if the Devil would come from hell and give them a groat a day more then the State, they would fight for him against the Levellers or any others) well, upon, this we drew out a Forlorne hope, and thereupon two Troops of Colonel Harrisons marched with us towards them; they retreated towards New-bridge and kept it by force against us, but we unwilling to shed blood, or to be the original occasion of a new war (though they have often branded us with it as if we wholy fought it) but our actions did then cleerly manifest the contrary; for we seeing Souldiers, coming in a Hostile manner against us as aforesaid, did meet them, having forty or fifty of them at our mercy, and could have destroyed them, for we had them two miles from the foresaid bridg, but we Edition: current; Page: [6-594] did not then in the least offer them any violence or deminish a hair of their heads, but let them go to their body againe, and withall marched to a Ford, because we would not in the least be an occasion of any blood-shed; and having marched through the Ford into the Marsh on the other side, we called our Councel together, who referred the appointment of our quarters to Lieut. Ray, and Cornet Den, who designed us for Burford, where being in the Treatie with the Commissioners, and having intelligence, that the General and Lt. Generall were upon their march towards us, many of us severall times, urged to Major White, and prest upon him, that he came to betray us, to which he replyed, That the Generall and Lieutenant Generall had engaged their Honours not to engage against us in any Hostile manner till they had received our Answer, no not so much as to follow their Messengers or Commissioners with force, and being too credulous to the Generals words, knowing that he never broak ingagement with the Cavaleers in that kind; We gave the more credit to the Major, who seemed extream forward and hastie to make the Composure, pretending so far to approve of our standing for the things contained in our engagement at Triplo-Heath, that himself with our consents drew up a Paper in Answer to the Generall for us, so fully according to our desires as that it gave us satisfaction, so that the Agreement betwixt the Generals Commissioners and us, seemed to be even concluded and at an end; And for full satisfaction take Copie of the said Letter which is as followeth:

John Wood

Wood, John

Robert Everard

Everard, Robert

Hugh Hurst

Hurst, Hugh

Hurnphry Marston

Marston, Hurnphry

William Hutchinson

Hutchinson, William

James Carpen

Carpen, James

20 of August 1649

London

May it please your Excellency,

Wee are your Excellencies Souldiers, who have engaged our lives under your Excellencies conduct, through all difficulties and hazards in order to the procurement of Freedom Safety and Peace to this Nation, and our selves as Members thereof, and being lately designed by lot to be divided, and sent over into Ireland for the prosecution of that service, in order to the Peace and safety of this Common-wealth, which we think necessary to be performed, but looking back to take a view of our former proceeding, we finde that we cannot in conscience to ourselves, in duty to God, this Nation, and the rest of our fellow souldiers undertake that service, but by such a decision as is Agreeable to our solemn Engagement made at New-market Heath, the 5 of June 1647. where we did in the presence of God, with one consent solemnly engage one to another, not to disband nor divide, nor suffer our selves to be Edition: current; Page: [6-595] disbanded nor divided, Untill satisfaction and security was received by the judgment of a counsell consisting of two Officers and two Souldiers together with the Generall Officers that did concur, such satisfaction and security as that engagement refers unto; And being now departed from our obedience to you because you keep not Covenant with us: yet we shall not in the least harber any evill thought or prejudice against you, nor use any act of hostility, unlesse necessitated thereunto in our own defence, which we desire God to prevent; All that we desire (and we speak it in the presence of God, who knowes our hearts) is, that your Excellency will call a Generall Councell according to the solemn Engagement. In the judgment whereof we will acquicsse, and refer ourselves to them to take an account of our late actions. This being assured we will every man with cheerfulnesse returne to our obedience, and submit to your Excellency and the judgment of that Councell in all matters that concern us as Souldiers, or Members of this Common-wealth; this we beg of your Excellency to grant, out of the respect of your duty to God, this Nation, and the Army, that we may therby retain our peace with him and procure the happinesse of this Nation under him, which is the desire of our soules: If you shall deny us this, we must lay at your door all the Misery, Bloodshed and Ruine that will fall upon this Nation and Army; for we are resolved as one man by Gods assistance to stand in this Just desire, and although our bodies perish, yet we shall keep our consciences cleer, and we are confident our soules will be at peace; now till we have a full determination herein, we desire your Excellency will forbear all manner of hostility, or marching towards us for avoyding any inconveniencies that may come to our selves or the Country; these desires with affection being granted, we hope the falling out of friends will be the renewing of love, And we shall subscribe and manifest our selves your Excellencies faithfull Souldiers, and servants to this Common-wealth.

But to returne, during the time of treaty, white the Commissioners thus assured us all security, one of them, to wit, Captain Scotten privately slipt from us, and two others, to wit, Captain Bayley and Peverill left notes at every Town of our strength and condition, whilst Major White held us in hand, and told us, that if they fell upon us, he would stand between the bullets and us: So that when notice had been sufficiently given, and we with all the meanes that could be used, wrought into a secure condition at Burford, and after the setting of our Guard, which was Edition: current; Page: [6-596] commanded by Quarter-Master More who was thereupon appointed, by his Brother Traytor, Cornet Den (who himself) since his coming to London hath avowedly declared to Ma. W. W. to this effect that his beginning, and continuing with the Burford Troops was out of premeditated and complotted designe, that so at last he might the easier bring on their destruction, holding all the time he was with them, correspondency with the Generalls creatures, which said Quarter-Master More after he had set the Guard in this slight manner, and possest us with as much security as he could, and under the pretence of going to refresh himself and horse, did most villanously and treacherously leave the guard without any Orders, and himself in person posted away to the Generals forces and brought them in upon us, marching in the head of them with his sword drawn against us; And Quarter-Master More being afterward called Traitor by some of the Souldiers, Cap. Gotherd of Scroops Regiment made answer, he was none, for that he did nothing but what he was sent to do; so that most Treacherously, that same night the Generals forces came pouring on both sides of the Towne of Burford, where we had not been above three houres, swearing, Damme them and sink them, and violently fell upon us, and so by a fraudulent and Treacherous surprize defeated us, not expecting it during the Treatie, especially from them with whom we had joyned these seven years for the defence of Englands Liberties and Freedoms, and though divers of us had faire quarter promised us by Colonel Okey, Major Barton and the rest of the Officers then with them, as that not a hair of our heads should perish, yet did they suffer their souldiers to plunder us, strip us, and barbarously to use us, worse then Cavaliers, yea Cromwell stood by to see Cornet Tomson, Master Church and Master Perkins murthered, and we were all condemned to death, although Colonel Okey, Major Barton and others of the Grandees had ingaged that not a hair of our heads should perish, when they surrendred themselves unto them, Tompson being then at the head of a party of two Troops of horse, and the other with their fellow Souldiers made good their Quarters while they had the conditions promised them, and then Cromwel after this horrid murther was committed upon the three forementioned, contrary to Okeys, Bartons and others of their promises at their taking them, came to us in the Church, and making his old manner of dissembling speeches, told us it was not they that had saved our lives, but providence had so ordered it, and told us that he could not deny but that many of the Edition: current; Page: [6-597] things that we desired were good, and they intended to have many of them done, but we went in a mutinous way, and disobeyed the Generals Orders; but withall he told us that we should not be put off with dishonourable terms, because we should not become a reproach to the common Enemie: but we desire all unbyassed men to judge, whether ten shillings a man, and a peece of paper for seven years Service, be honourable terms: the paper being good for nothing but to sell to Parliament mens Agents, who have set them at work to buy them for three shillings, or four shillings in the pound at most; and we are forced to sell them to supply our wants, to keep us from starving, or forcing us to go to the high way, by reason they will not pay us one penny of our Arrears any other way but by papers, that so they may rob us and the rest of the Souldiers of the Armie of their seven yeers Service, to make themselves and their adherents the sole possessors of the late Kings Lands for little or nothing: and for ought we know, the moneys they buy our Debenters withall, is the money the Nation cannot have any account of. But this their dealing is not onely so to us, whom they pretend disobeyed their commands; but they dealt so basely by other Souldiers who never resisted their unjust Commands, as we beleeve no age can parallel: For in the first place, they turned them off with two months pay. Secondly, they have taken away three parts of their Arrears for Freequarter, though the Country (whose victuals, grasse and corn they eat) be never the better; and do also force them to sell their papers at the rate aforesaid. And deer fellow-Souldiers, think not, because you are in Arms a little longer then we, that you shall speed better then we, which they have disbanded before you; but be assured, that when they have their own ends served on you, as they have already on us, you shall have as bad conditions of them, and may be, worse, if it be possible, then we have had before you; and may also reward you for your good services, by raising a company of mercenary Rogues to cut your throats, as they did trayterously to cut ours at Burford.

But to return, from this sad and long digression: by this their serpentine craft, and our own over credulous innocency, we were overthrown, and our hopefull beginnings for the rescue and deliverie of our selves and the nation from thraldome, blasted and destroyed; and then utterly to break and dash in pieces our spirits, and in us all Assertors of the Freedoms of England, and to put an utter inconfidence and jealousie for ever amongst such upon all Edition: current; Page: [6-598] future engagements, they made that wretched Judas Den, to that end their pandor and slave: they pretendedly spare his life after his condemnation to death, although now upon good grounds and intelligence, (yea partly from his own confessions as is noted before) we doe beleeve that from the beginnings of our proceedings, he was their appointed Emissary (as well as the forementioned Quartermaster) to be most zealous and forward of any man for us, the better to compasse our ruine and lead us like poor sheep to the slaughter; they enjoyne Den, to preach Apostacy to us in the Pulpit of Burford Church, to assert and plead the unlawfulnesse of our engagement, as much as before the lawfulnesse to vindicate, and justifie all those wicked and abhominable proceedings of the Generall, Lieuetenant Generall and their officers against us, howling and weeping like a Crocadile, and to make him a perfect Rogue and villain upon everlasting Record, to which like the most abhorred of mankind to bring about their pernicious ends upon the people, he willingly submitted, and to this end published a Recantation paper fraught with lies, infamies and most Trayterous assertions of an arbitrary power evidently tending to the introduction thereof upon this Nation in the persons of the cheife Leaders of the Armie, and in that paper at the advantage of this wicked and treacherous overthrow of ours endeavoured to bury our sollemn Engagement at Newmarket heath in our ruines, as if long since cancell’d and of no longer force or obligation, pretending that by petition, we had call’d home our councell of Agitators and so dissolv’d our engagement at New-market heath, And so the Army absolved from all further observation thereof.

Now to this, is to be considered, that the said engagement was radicall upon the grounds of common freedom, safetie, and securitie to the Nation, and upon that account and to that end onely undertaken and solemnly made, and all righteous othes, vows, and covenants are indissolveble and of force till their full and perfect accomplishment; the Apostacy and defection of no man, though of him or those that vowes, or makes such oaths or engagements can absolve or untie them; and this no man that hath any spark of Conscience or Christianitie in him can deny. Therefore it was most deceitfully and corruptly urged, that the same power that gave it a being dissolved it; for till the vowes of that engagement be paid unto the people, it standeth firm and obligatorie, till then the gates of hell are not able to prevail against the being and obliging power thereof; and we are sure none can say, the genuine Edition: current; Page: [6-599] ends and intents of that engagement are yet obtained, but a thousand times further off, then at the making of that vow: besides, as that engagement enjoynes, what securitie or satisfaction to their private or publick rights, both as Souldiers and commoners, have we or the rest of our fellow souldiers yet received from a councell consisting of two Souldiers chosen out of every Regiment, two Commission officers with such Generall officers onely as assented to that undertaking, when or where was it? Indeed had such a Councell so concluded, and we the souldiers by our unanimous testimony and subscription (as we did to our engagement) testifie our satisfaction, there might have been some plausible pretence for its dissolution; but to this day it is evident to the whole world that no such thing hath been, and this was the expresse letter and intent of that New-market engagement; and to urge a petition for recalling the Agitators is a blind excuse; for put the case that there hath been such an one, and that of generall concurrence yet could it not detract or any way diminish from that righteous engagement; though the defection and subscription were both of Generall, Officers and Souldiers, yet the foundation of that Vow standeth sure to us all, it is immovable till its own proper end, viz. the accomplishment of the righteous end therein contained, affix its period: which we earnestly desire, may be conscienciously and seriously laid to heart by all our fellow souldiers in solemn covenant with us; for there is a God that over-seeth, and one day (when there will be no Articles of War to prevent) will call us to a strict reckoning for the breach of our faith and vows one to another, and the Nation, and account with us for all the blood, ruine, misery and oppression that thereby hath ensued, and still dependeth upon that most monstrous Apostacie. That pretended Petition at that day will be found to be but a broken reed to lean upon, it will nothing abate of the guilt: and how-ever it is now highly urged to wipe off all worldly dishonour from the iron Rulers of our Age, we are not such strangers to the Army, if any such Army Petition were, as not to know it: Sure wee are, no such Petition can be produced from any single Troop, Company, or Regiment, much lesse from the Armie. And though some such endeavours were for the promotion of so wicked and vile an enterprise, and now as evilly made use of; yet it never fell under the cognizance of the Army, neither yet of any single entire Regiment, Troop or Company; and the Engagement by the Army was made as an Army, by unanimous consent, and therefore no otherwise dissolvable, but unanimously as an Army and that neither otherwise then righteously, Edition: current; Page: [6-600] after the tenour and true intent of that Engagement, as we have clearly evinced, and therein have discharged our Consciences: See further upon this Subject a late Book of Aug. 1649 Lieut. Col. John Lilburns, Intituled, An Impeachment of High Treason against Oliver Cromwell and Henry Ireton Esquires page 4, 5. See also the 40, 41, 42, 43, 81 pages of the second Edition of his Book of the eight of June 1646 Intituled The Legall Fundamentall Liberties of the People of England, asserted, revived and vindicated.

Thus we have truly stated the case of our late proceedings and differences betwixt our Officers and us, and hope sufficiently to beget a right understanding and approvement, especially with all honest and conscientious people, of the equity of our late undertakings: however to those that are and shall come after, we have published and left upon record a perfect view and Prospect of our condition, that if the present Perusers shall not, yet happily that those that are to come may be thereby provoked to consideration thereof, and equall resentment with us of the righteous ends of that now betrayed, deserted, Engagement of the Army, which we chiefly desire and expect at the hands of our Fellow Souldiers, that they may not longer like their Leaders be numbred amongst such as will not be limited or circumscribed within any Bounds, Engagements, Oaths, Promises, or Protestations, but levell, break, frustrate and throw off all, (as if no tyes betwixt man and man were to be on mankind) to bring about the corrupt ends of their ambition and avarice, as not only in this case of ours, but in all others of their publike undertakings since the beginning of the Armies Engagement is clearly manifest, and yet all their successes, and advancements over the People, gaind by their perjury, fraud, equivocations, treacheries and deceipts they ascribe to the immediate approving hand of God, and zeal over their delusions with the glorious exercise of Religious formalities to the eye of the People, by which a thick mist, as thick as the Egyptian darkness is lately come over the eyes of the greatest pretenders to true puritie and Religion, and many conscientious people therewith bewitched into the favour and approvement of their alone jesuitical, wicked, desperate and bloody wayes, even to the opposition and persecution of the most faithfull and constant promoters of, and sufferers for, the just freedoms of the Nation.

But in case our fellow Souldiers will not remember their vows, but still slight and desert the same, their sin be upon their own heads, we have discharged our selves; yet considering they may again possibly incline to their countries redemption (as labouring Edition: current; Page: [6-601] more under ignorance then willfulnes) we shall offer them and all others that bear good will to the Nation, what in reason and Equity is most conducing to a safe and well grounded peace amongst us, and which by its greatest Adversaries cannot be denyed but to be righteous and just, though contradictory to the lawless Lordship and ambitions of their Officers.

And first, We desire it may be considered, that our Hostile engagements against the late King, was not against him as out of any personall enmity, but simply and singly against his Oppressions and Tyranny on the People, and for their removall, but the use and advantage on all the successe God hath been pleased to give us is perverted to that personall end, that by his removall the Ruling sword-men might intrude into his Throne, set up a Martiall Monarchie more cruell, Arbitrarie and Tyrannicall then England ever yet tasted of, and that under the Notion of a Free State, when as the People had no share at all in the constitution thereof, but by the perjurie and falseness of the Lieutenant Generall and his Son in Law Ireton with their Faction was enforced and obtruded by meer conquest upon the People, a Title which Mr John Cook in his Book Intituled King Charles his Case &c. there confesseth to be more fit for Wolves and Bears then amongst men, and that such Tyrants that doe so govern with a rod of Iron, doe not govern by Gods permissive hand of approbation, and in such Cases its lawfull for a People to rise up and force their deliverance, See page 8, 10.

Now, rather then thus to be vassallaged, and thus trampled and trod under foot by such that over our backs, and by the many lives, and losse of our blood from us and our fellow-souldiers, have thus stept into the chair of this hatefull Kingship and presumption over us, in despight and defiance of the consent, choice and allowance of the free-people of this Land the true fountain and original of all just power, (as their own Votes against the Kingly Government confesse) we will chuse subjection to the Prince, chusing rather ten thousand times to be his slaves then theirs, yet hating slavery under both: and to that end, to avoid it in both, we desire it may be timely and seriously weighed.

That whereas a most judicious and faithfull Expedient to this purpose, hath, as A Peace-offering been tendered to the acceptance of the free people of England, intituled, An Agreement of the People, dated May 1 1649, from our four faithfull Friends, now close prisoners in the Tower of London, we cannot but judge, that that way of Settlement, to wit, by an Agreement of the People is Edition: current; Page: [6-602] the onely and alone way of attonement, reconciliation, peace, freedom and security (under God) to the Nation; it being impossible by way of Conquest to allay the feud, divisions, parties and Quarrels amongst us, which if not stopt, will certainly devour us up in Civil and domestick Broils, though we should have none from abroad; for the Sword convinceth not, it doth but enforce; it begetteth no love, but fomenteth and engendreth hatred and revenge; for bloud thirsteth after bloud, and vengeance rageth for vengeance, and this devoureth and destroyeth all where it cometh. And though our present Rulers have setled themselves, and their conquest-Government over us; yet are we farther from peace and reconciliation then ever: the discontents and dissatisfactions amongst the people in the Kings time, which at length burst into desperate Warr was not the hundreth part so great as the discontents that are now; and if so much did follow the lesser, can better be expected from the greater? never were there such repinings, heart-burnings, grudgings, envyings and cursings in England as now, against the present Governours and Government; never such fraction and division into parties, binding, biting, countermining and plotting one against another for preheminency and majority then now; and of all this nothing is the cause, but this way of force and martiall obtrusion: And can it be imagined such counterplottings, repinings and divisions can be with safety and peace? it is impossible: Insurrections, tumults, revoltings, war and commotions are the proper issues of the wayes of such violence, and no better is to be expected: none but intruders, usurpers and tyrants can be for the way of force; such as would be but servants to the people, and not make the people their servants, cannot but abhor it, and lay down their glory at the feet of the people: these (that now ramp and rage over us) were they other then Tyrants, could do no lesse: they draw near it indeed in words, but are as far as hell from it in actions; they vote and declare the People the supreme Power, and the originall of all just Authority; pretend the promotion of an Agreement of the people, stile this the First yeer of Englands Freedom, intitle their Government a Free State, and yet none more violent, bloudy and perverse enemies thereto; for not under pains of death, and confiscation of lands and goods, may any man challenge and promote those rights of the nation, so lately pretended to by themselves: if we ask them a Fish, they give us a Scorpion, if bread, they give us a stone. Nothing but their boundlesse, lawless wits, their naked swords, Armies, arms and Edition: current; Page: [6-603] ammunition is now law in England; never were a people so cheated, so abused and trod under foot; enough to inrage them (as once the children of Israel against Adoram) to stone them to death as they passe the streets; which some could not certainly escape, were it not for the fiery sword, vengeance that surrounds them, which at the best is but the arm of flesh, for their shelter and protection, and may fail ere they are aware: all sorts of people watch but for their opportunity, and if it once come like a raging sea on Pharaoh and his host, they will swallow and devour them up alive: and sure, this kind of constitution of Government thus by force in despite of the people obtruded and setled, thus grutched, cursed and hated, will never bring any peace, quiet or rest unto this Nation, it will be but as a continuall fire in their bones: therefore this conquest Constitution is not the way of Englands peace: There is but two wayes, by Conquest, or Agreement; by fire and sword, or by compact and love; and both these are contrary to each other as light is to darkness, and take their rise from contrary ends; and the way of love must needs be of God, for God is love, and all his ways are love; therefore we are bold of all other ways and Expedients whatsoever, to commend only this way of love, of popular Agreement to the publick consideration for a well founded and safe setled peace: and upon this account, and no other, can any security or enjoyment be expected to any publick transactors in this English Theatry, whether Prince or others. We beleeve, he that now judgeth otherwise, will at the length, it may be, when it is too late, finde himself as much deceived, as lie that lost his head against his own Palace gate.

Therefore considering there can be no sure building without a firm foundation, and for prevention of further homebred divisions and backslidings into blood, we desire our fellow Souldiers for their severall Regiments of Horse and Foot to chuse their respective Agents to consider of this way of Peace, that yet at length they may be instrumentall in saving (as now they are in destroying) this Nation; but considering what unsetledness, and wavering from their principles, hath appeared among them, and how slender grounds we have of their return from Apostacy, we heartily desire that all serious and well-affected people, that have any bowels of compassion in them to an afflicted, distressed nation, any sence of piety, justice, mercy or goodness in them, any hatred to oppression or remorse of spirit, at the afflicted, or desire of deliverance, or freedome from their worse then Egyptian bondage, that they Edition: current; Page: [6-604] would lay the miserable condition of the Nation to heart and unite themselves in their endeavours for a new, equall and speedy Representative; and we humbly offer this motion as a just expedient to that end that they would chuse two or three or more faithfull persons from their severall and respective Counties of the Land to come up to London to demand the freedom and release of the Owners and Publishers of the foresaid Agreement unjustly detained in Prison by Wil and Force, to debate and consult with them &c. of some way if possible to accomplish the said Agreement, before a deluge of Intestine insurrections and Forraign Invasions from Ireland, Scotland, Swethland, Denmarke, France, and Spain, sweep us away from the Land of our Nativity; and for our parts we doe declare, that though we have been thus abused and defeated, we have still the hearts of Englishmen in us, and shall freely (if there be occasion) spend the Remainder of our strength and blood, for the redemption and purchase of an Agreement of the People, upon the foresaid principles, the which for the satisfaction of such as have not seen it, We have hereunto annexed the forementioned draught of the said Agreement of our 4 imprisoned Friends in the Tower of London, as containing those things our souls like and approve of as the most exactest that our eyes have seen, and commend the effectuall promoting of it to the serious consideration of all the true hearted friends of this miserable and distressed Nation, and rest

The Nations true Friends and hearty Wel-wishers while we have a drop of blood running in our Veines, signed at London this 20 of August 1649, by us

John Wood, Robert Everard, Hugh Hurst

Hurnphry Marston, William Hutchinson, James Carpen

in the behalf of ourselves, and by the appointment of the rest of our forementioned Friends of the three forementioned Regiments.

FINIS.

Edition: current; Page: [6-605]

John Lilburne

Lilburne, John

29 August 1649

[24]

6.24. [Signed by several but attributed to John Lilburne], An Outcry of the Youngmen and Apprentices of London (n.p., 29 August 1649).

Source

[Signed by several but attributed to John Lilburne], An Outcry of the Youngmen and Apprentices of London: or, An inquisition after the lost fundamentall lawes and liberties of England. Directed (August 29. 1649.) in an epistle to the private souldiery of the Army, especially all those that signed the solemne ingagement at Newmarket-Heath, the fifth of June, 1647. But more especially to the private souldiers of the Generalls Regiment of Horse, that helped to plunder and destroy the honest and true-hearted English-men, trayterously defeated at Burford the 15. of May, 1649. Signed by Charles Collins, Anthony Bristlebolt, William Trabret, Stephen Smith, Edward Waldgrave, Thomas Frisby, Edward Stanley, William White, Nicholas Blowd, John Floyd in the name and behalf of themselves, and the young-men and apprentices of the City of London. Who are cordiall approvers of the paper, called, The agreement of the free people, dated May 1. 1649. and the defeated Burford-mens late vindication, dated the 20. of August, 1649. (n.p., 29 August 1649).

Edition: current; Page: [6-606]

LAMENT. a. 11, 12.

Mine eyes do faile with tears: my bowells are troubled: my liver is powred upon the earth, for the destruction of the daughter of my people, because the children and the sucklings swoon in the streets of the City.

They say to their mothers, Where is corne and wine? when they swooned as the wounded in the streets of the City, when their soule was powred out into their mothers bosome.

Gentlemen,

We are all of one Nation, and People, it is the sword only that differeth; but how just a title that is over us, your owne private Edition: current; Page: [6-607] thoughts surely are our determiners, however your actions import: For, it is not imaginable, (except amongst Bears, Wolves, and Lions,) that brethren of one cause, one Nation, and family, can without remorse and secret check of conscience, impose such Iron yokes of cruelty and oppression upon their fellowes, as by the awe and force of your Sword rampant, is imposed upon the people of this Nation; you see it; we are at best but your hewers of wood, and drawers of water; our very persons, our lives and properties, are all over-awed to the supportation only of the raging lawlesse Sword, drench’t in the precious blood of the people, the ancient and famous Magistracy of this Nation, the Petition of Right, the great Charter of England, above thirty times confirmed in open and free Parliament, with all other the fundamentall laws, safeties, and securities of the people, which our Ancestors at an extraordinary dear rate (as with abundance of their blood and treasure) purchased for the inheritance of us, and of the Generations after us, and for which you pretendedly took up arms against the late King and his party, are now all subverted, broken down and laid wast, the Military Power being thrust into the very office and seat of the Civil Authority, The king not onely most illegally put to death, by a strange, monstrous, illegall, arbitrary Court, such as England never knew; Monarchy extirpated (not rectified) without, and besides the consent of the people, (though the actors of that bloody scene have owned and declared them to be the original of all just humane Authority) but even our Parliaments (the very interest, marrow, and soule of all the native rights of the people) put downe, and the name and power thereof transmitted to a pick’d party of your forcible selecting, and such as your Officers (our Lords, and Rulers) have often and frequently stiled no better then a mock Parliament, a shadow of a Parliament, a seeming Authority, or the like, pretending the continuance thereof, but till a new and equall Representative, by a mutuall Agreement of the free People of England could be elected, although now for subserviency to their exaltation and Kingship, they prorogue, and perpetrate the same in the name, and under colour thereof, introducing a Privy Counsell, or as they call it, a Counsell of State, of superintendency, and suppression to all future successive Parliaments for ever, erecting a martiall Government (by blood and violence impulsed upon us) making souldiers to be executioners of Orders and VVartants, pretending to the Civill Authority, and in every particular (notwithstanding, all your famous and glorious Edition: current; Page: [6-608] Declarations of Freedom and Liberty) dealing with us, as an absolute, conquered and inslaved People The Law being nothing but a mock protection to our lives, liberties and properties; the Judges set apart, for the executors of it, a meer delusion, our Sheriffs, Mayors, Justices of Peace, Constables, &c. being laid by, or made no better then ciphers, (the choise of them, by will without right) appropriated to a few factious men, while the right owners (the people) are rob’d of their free and popular elections of them) as not daring to execute Justice upon the rudest or meanest souldier in England, although the Law sufficiently warrants them thereunto, but contrarywise, Commoners are forceably convened and tryed before a Councell of VVarr, and some sentenced even unto death, others by a private verball order made to run the gantlop, and whipt most barbarously, for refusing to take false and illegall oaths; and the blood of war (expresly against the Petition of right, and for which amongst other crimes, the Earle of Strafford lost his head as a Traytor, shed in times of Peace, as the blood of Mr. Richard Arnell upon the 15. November, 1647. near Ware, of Mr. Robert Lockier the 17. of April, 1649 (so much bewailed and lamented at London) of Col. Poyer, of Cornet Thompson, Mr. Perkins, and Mr. Church, upon the 16. of May 1649 at Burford, contrary to promises, and solemn ingagements at the taking of them, (as their friends lately defeated with them, in their vindication of the 20. of August, 1649 fully declare, pag. 6. 7.) and others yet fresh in our memory doth witnesse: parties of horse and foot, (contrary and in direct defiance, of the due course and process of Law) sent at unseasonable houres, to hale and pull people out of their beds and houses, from their wives and children, without so much as ever summoning of them, and without any crime or accusation showne, or accuser appearing, or the least pretence or shadow of Law produced, some sent into remote Garrisons, where they have been most barbarously used, and indeavoured to be starved, and took from Garrison to Garrison, others lock’d up close prisoners, with centinels night and day upon their doors, and all due tryalls and help at Law, stoop’d and denyed, and no remedy to be obtained, yet free men most barbarously put out of their legall possessions, by force of arms; without any manner of triall at Law, yea the Law damn’d, and stoopt up against them, for recovering of their legall rights and they threatned severely to be punished, if they desist not their suits at Law; yea, and free-mens states never pretended to be within the compasse of the Ordinances Edition: current; Page: [6-609] of sequestrations, seized on to so great virtue (by some great mens wills, protected by their swords, to do even what they list, without controul) without any manner of tryall or conviction, or any shadow of legall presence, or ever so much as laying any pretended crime to the parties charge; all which are the very (if not higher) crimes, then the Earle of Strafford principally lost his head for, as a Traytor, as clearly appears by his Act of Attainder, and by his large printed additionall Impeachment, 1640. both in English and Irish cases, as clearly appears in the preamble thereof; and in Article 2. 3. 4. 5. 6. 7. 8. But that which is worst of all, the best and most faithfull maintainers of the English Freedomes, are most maligned, abused, and vilified, that it is now become a crime of the greatest perill and penalty, to be faithfull to the declared interest of Parliaments, or rights of the people therein; a thing so dreadfully complained of by the Parliament, in the beginning of their first Remonstrance of December 1641. New Acts of high Treason, to that end devised to ensnare and intrap the most conscientious, so that we cannot talk or discourse of our lost Freedomes, or open our mouths of our oppressions, but we are in as bad a condition, as our Fore-Fathers were, in the daies of VVilliam the Conqueror, (that thought any fact crime enough to intitle him to their estates,) if not worse by being Treason struck; and besides all this, multitudes of pick pocket, murdering taxes are heap’d, and continued upon the old, and in default of payment, souldiers are put upon straining, seizing and plundering of our Masters goods, and houses, for which violence and villany, they must be largely paid, or else they will plunder over again for that; yea and the late large Act about Excize, so transcendent and insnaring in its penalties, that no man well knows how to behave himself in his trading, for fear of being undone; yea, so numberlesse are our most insufferable cruelties, overspreading and wounding the whole Land and people, that our borders are even filled with the lamentations, mournings, tears, sighs and dolefull groans, of the oppressed and inslaved ruinated people. Trade decayed and fled, misery, poverty, calamity, confusion, yea and beggery grown so sore, and so extream upon the people, as the like never was, in England, under the most tyrannicall of all our Kings, that were before these in present power, since the daies of the Conqueror himself; no captivity, no bondage, no oppression like unto that, no sorrow or misery like unto ours, (of being inslaved, undone and destroyed by our large pretended friends, for whose preservation, we could have even Edition: current; Page: [6-610] pul’d out our very eyes) the people become desolate and forsaken, wandring, pining, and mourning (like those in Jeremies Lamentations, unto whose sorrows, they said, none was like), after their lost fundamentall Laws, their native, and just freedoms, and rights, and there is none to comfort, none to pitty, none to relieve, none to help or to save. Alas, alas for pitty, For,

Your hearts seem to us as obdurate as the flinty rock, as savage and inhumane, as if the flesh and blood, the bones and marrow of the people, were become your meat, as already it is in effect, and instead of incouragement and support to our true friends, and reall relievers (at least in faithfull desire and indeavour) as shall stand in the gap betwixt our destroyers and us, all waies and meanes are used to impoverish, destroy, and suppresse them, and in them to break and vassallage the spirits of all the English, which in all ages have had the preheminency of other Nations, that there may not be so much of gallantry or courage left amongst the people, that one amongst them shall dare to assert or maintaine their freedomes, (which Act is not a little aggravated by M. John Pym, in his remarkable Speech against the Earl of Strafford, as the highest of Treasons against any Nation in Common wealth,) for if any do but murmure and complain, or seek for remedy, though by way of Petition or Addresse to the House, presently their houses, as with Furies, are beset, with armed mercenary Janisaries, Guards, and Centinels, set upon their doores and passages, no consideration had of the terror or affrightment of our Masters, their wives, children, or servants, or of reason, or law, and their persons as Traytors therefore imprisoned, for weeks, and moneths; yea, and close imprisoned from the society of all their friends, without ever so much as ever seeing either informer, accuser, prosecutor, or witnesse, yea, or ever seeing Indictment, Impeachment, or Charge, yea, or face to face, or in their Mittimus’s, or any other formall or legall way, ever so much as having any crime, or presence of a crime laid unto their charge, by those very men before whom they are brought, and who by the rules of their meer will commit them therefore, although the Parliament in severall Declarations have declared, That they have received Petitions for the removall of things established by Law, and we must say, and all that know what belongeth to the course or practise of Parliament will say, that we ought so to do, and that both our Predecessors, and His Majesties Ancestors have constantly done it, there being no other place, wherein Lawes Edition: current; Page: [6-611] that by experience may be found grievous and burthensome, can be altered or repealed, and there being no other due and legall way, wherein they which are agrieved by them, can seek redresse, and that it is in tumult to deliver Petitions by popular multitudes, a part book of Parliaments Declarations, pag. 123. 201. 202. 209. 533. 548. 691. 720.

Yea, and your very selves, and your jugling Officers quarrell’d with, and took up armes against the Parliament, your creators and originall Lords and Masters, for prohibiting you to petition, and make knowne your grievances to them, and sufficiently envy and exclaime against them for so doing, and impeach some of them as Traytors therefore, as clearly appears in your own book of Declar. p. 10. 11. 17. 23. 33. 35. 44. 60. 61. 62. 83. 85. 118.

And yet nothing but the boundlesse wills and humors of those fore-mentioned men of blood, inrageth and ruleth over us: and is this all the return and fruit, that people are to expect at your hand doth your solemn ingagement at New-market, and Triplo heath, with your Declaratious, Remonstrances, Vowes and Protestations unto us all, center in this bed-roll of cruelties? we pray you give us leave to make inquiry amongst you after those things, and give losers leave to complain. Remember you not with what cheerfullnesse and alacrity our fellow-Apprentices; the glory and flower of the youth of this Nation, and multitudes of our selves yet surviving, ran in to your assistance or of a conscientious intent, to uphold and maintain the fundamentall Constitution of this Common VVealth? viz. the interest and right of the people in their Parliaments, it being most rationall, and unquestionably just, that the people should not be bound but by their owne consent given to their Deputies in Parliament, which by the Laws and customes of England, ought [wholly new] to bee annuall), to deliver and clear the Land from its heavy pressures and bonds, not ingaging in the least, against the person of the king, as king, or with any thought or presence of destroying, but regulating kingship, but meerly for the removall of all those cruelties and oppressions, he had laid upon the people by his will, contrary to Law; this you know to bee true, your owne papers extant to the world are our record and witnesses, as might plentifully be recited, but they are known to all men, that know your affairs, you cannot deny it; but where is the fulfilment of all your glorious words, registered in your book of Declarations? in which pag. 14. you say, you shall through the grace of God, discharge your duties to the Parliament, &c. and also demonstrate, Edition: current; Page: [6-612] that the good and quiet of the Kingdome is much dearer to you, then any particular concerament of your own; and in pag. 23. the Generall to both Houses in his Letter of the 6. of June 1647. assures the Parliament, it is his study and care to avoid a new war, and (further thus saith) so I find it to be the unanimous desire, and study of the Army, that a firm peace in this Kingdome may be setled, and the liberties of the people cleared, and secured accordingly, to the many Declarations by which we were invited, and induced to ingage in the late warre, most seriously there promising them, they will not meddle to the advancement of any particular parts or interest whatsoever.

And in your solemn ingagement of the 5. June 1647. pag. 26. you promise and ingage to God, the Kingdome, and to each other, that you will not disband, divide, nor suffer your selves to be disbanded, nor divided (either for Ireland, or any other place else) untill we have first such satisfaction [as you say] to the Army, in relation to our grievances, and desires heretofore presented, & such security. That we of our selves (when disbanded, and in the condition of private men) or other the free-born people of England (to whom the consequence of our case (about petitioning) doth equally extend) (had to remain subject to the like oppression, injury or abuse, as in the premises hath been attempted and put upon while an Army.

O that there had been an heart in you, to have made this good before your gross apostacy from all your engagements and promises, that hath already occasioned so much misery, warr and bloodshed. Or, oh that yet there were hearts within you vigorously and effectually to go about the accomplishment and fulfilment thereof (and thereby prevent all the miseries, blood-shed and desolations that for want thereof undoubtedly must and will ensue) which you are bound and tyed unto both before God and man, as is (in our judgments) unanswerably proved in the foresaid treacherously defeated Burford mens Vindication, pag. 8. 9. 10.

But to return, in your said engagement, in the fore-recited 26. page, you positively there disown and disclaim all purposes or designes in our late or present proceedings, to advance or insist upon a particular interest, to the overthrow of Magistracy, &c. neither (by you) would we (if we might or could) advance or set up any particular party or interest in the Kingdom [though imagined never so much our own] but shall much rather [as far as may be within our sphear or power] study to promote such an Edition: current; Page: [6-613] establishment of common equall right and freedom to the whole, as all might equally partake of.

And in that most choyce and best of Declarations made by the whole Army of Souldiers, as well as Officers June 14. 1647, tendered to the Parliament, concerning their just and fundamentall rights and liberties of themselves and the Kingdom, Book Decl pag. 36. 37. you say, That we may no longer be the dissatisfaction of our friends, the subject of our enemies malice [to work jealousies and misrepresentations upon] and the suspicion [if not astonishment] of many in the Kingdom, in our late or present transactions and conduct of business; we shall in all faithfulnesse and cleernesse profess and declare unto you, these things which have of late protracted and hindered our disbanding, the present grievances which possesse the Army, and are yet unremedied; with our desires, as to the compleat settlement of the Liberties and peace of the Kingdom, which is that blessing of God, then which (of all worldly blessing) nothing is more dear unto us, or more precious in our thoughts, we having hitherto thought all our present enjoyments [whether of life or livelihood, or neerest relations] twice but sufficient to the purchase of so rich a blessing, that we, and all the free-born people of this Nation may lie down in quiet under our vines, and under the pious administration of Justice and Righteousnesse, and in full possession of those fundamentall Rights and Liberties, without which we can have little hopes (as to humane condition) to enjoy either any comforts of life, or so much as life itself, but at the pleasure of some men, ruling meerly according to will and power.

And in the same Declaration pag. 38. 39. you further say thus; Nor will it now (we say) seem strange or unreasonable to rationall and honest men, who consider the consequence of our present case, to their own and the Kingdoms [as well as our] future concernment, in point of right, freedom, peace and safety (if from a deep sense of the high consequence of our present case, both to our selves [in future] and all other people) we shall, before disbanding, proceed in our own and the kingdoms behalf, to propound and further some provision for our and the kingdoms satisfaction and future security, in relation to those things especially, considering that we were not a meer mercenary Army, hired to serve any arbitrary power of a State, but called forth and conferred by the severall Declarations of Parliament, to the defence of our own and the peoples full Rights and Liberties: and so we took up arms in judgment and Edition: current; Page: [6-614] conscience to those ends, and have so continued them, and are resolved, according to your first just desires in your Declarations, and such principles as we have received from your frequent informations, and our own common sense, concerning those our fundamentall Rights and Liberties, to assert and vindicate the just power and rights of this Kingdom in Parliament for those common ends promised against all arbitrary power, violence and oppression, and against all particular parties and interests, whatever. The said Declaration is still directing us to the equitable sense of all Laws and Constitutions (and, as dispensing with the very letter of the Law, and being fundamental, where the safety and perturbation of all is concerned: and assuring us that all authority lies fundamentally vested in the Office, but administerially in the Persons.

And on page [Editor: illegible], speaking in general of purging some evil members out of the Parliament, you declare, “your carriage towards them shall be such, as that the world shall see we aim at nothing of private revenge and animosities but that Justice may have a free course, and the Kingdom be eased and secured, by disenabling such men [at least] from place of Judicature, who desiring no advantage and set up themselves and their party in a generall confusion, have endeavoured to put the Kingdom into a new time of Warr, then which nothing is more abhorrent to us. And in the same Declaration, spending the 42 and 43 pages in most excellent expressions, of the excellency and benefit of frequent and successive Parliaments [totally new] and the mischief, bondage and vassallage of the long continuance of any Parliament, at pa.44 you say, And thus a firm foundation being laid in the authority and constitution of Parliaments, for the hopes at least of common and equitable Right and Freedom to our selves, and all the free born people of this Land; we shall for our parts freely and cheerfully commit our stock or share of interest in this Kingdom into this common bottom of Parliaments, and though it may [for our particulars] go ill with us in one voyage, yet we shall thus hope, [if right be with us] to fare better in another.

And in the last end of that transcendant Declaration, pag. 46. you conclude thus: “We have thus freely and clearly declared the depth and bottom of our hearts and desires in order to the Rights, Liberties and peace of the Kingdom; wherin we appeal to all men, whether we seek anything of advantage to our selves, or any particular party whatsoever, or to the prejudice of the whole; and whether the things we wish and seek for, do not equally concern and conduce to the good of others in common with our selves, Edition: current; Page: [6-615] according to the sincerity of our desires and intentions (wherein as we have already found the concurrent sense of the people in divers Countries, by their petitions to the General, expressing their deep resentment of these things, and pressing us to stand for the interest of the kingdom therein; so we shall wish and expect the unanimous concurrence of all others, who are equally concerned with us in these things, and wish well to the Publick.

And in p. 52. being writing to the Lord Mayor Aldermen, and Commons of the City of London in Common Councel assembled, it is thus said To conclude, we say from our hearts that our especiall ends are the glory of God, and the good of this whole Land, so my endeavour shall be to prosecute the same without prejudice to the being or well being of Parliaments in generall; the maintenance whereof we value above our own lives or (as we have formerly said) of this Parliament in particular, but together in order to the good and Peace of the Nation, and wish a most tender regard to your City.

And in page 57, 58. its said that, In our last Representation it may appear what desires are, as Members of the Common-wealth in behalf of our selves and all others the cleering, setling and securing of the rights, liberties and Peace of the Kingdom; for justnesse, reasonableness, necessity and common concernment whereof unto all, we dare appeal to the whole Kingdom, and to the world.

And in page 76 to the Lord Mayor of London, &c. it is said, “That it is a sudden and substantial settlement of the whole we desire in a generall, safe, and well grounded peace, and the establishment of such good Laws, as may only and readily render to every man their just rights liberties; and for the obtaining of these, not only our intentions had led us too, but we think that all the blood, treasure and labour spent in this War, was for the accomplishing those very things, which are of that concernment both to our selvs and propertie, that neither we nor they can live comfortably without them, and therefore their help is much pressed for to bring things to a happy conclusion, to the satisfaction of all honest mens expectation, and that in all our undertakings we shall be found men of truth, fully and singly answering the things we have held forth to the kingdom in our severall Declarations and Papers, without byas or base respects to any private end of interest whatsoever.

And in page 97. is recorded a notable Proposall to the Parliament from Redding, July 12. 1647. which doth sufficiently condem your late tyrannicall dealing with some of the very parties therein Edition: current; Page: [6-616] mentioned; The Proposall thus followeth; “Wee doe earnestly desire, That all persons imprisoned in England or Dominion of Wales, not for Delinquency in relation to the last Warre, but for other pretended misdemeanours,) and whose imprisonment is not by the regulated course of Law, but by Order from either Houses of Parliament, (or of Committees flowing from them) may be put into a speedy regular and equitable way of Triall, (or if the necessity of setling the generall affairs of the Kingdom admit not their present triall) then they may have present libertie (upon reasonable security) to their apppearance at a certain day, to answer what shall be charged against them in a Legall way, and that when they should be tryed, if they appear wrongfully or unduly imprisoned, they may have reparation according to their sufferings.

In particular we desire this may be done in behalfe of L. Colonel John Lilborn, Master John Musgrave, Master Overton and others (in their condition) imprisoned in and about London. Read also more fully to this purpose p. 101. 105. 110. 112. 118. 128. 132. 137. so also the large Remonstrance from Saint Albans of the 16. of November 1648. pag 6. 89 12. 14. 15. 22. 23. 29. 43. 45. 47. 48. 57. 62. but especially 65. 66. 67. 68. 69.

But after this large (but yet profitable and necessary) digression, let us seriously expostulate with you and put you in mind of your most wicked and grosse apostacy (such as the world never see or read of before, from men that professe God and godlinesse in a strict manner, and would be reputed the CHOICEST SAINTS in England) and cry out unto you with astonishment and admonition; and thus interrogate your very consciences (where God alone ought to sit King) Oh heare you not the blood of our dear fellow Apprentices, and of the rest of the good People of England spilt for the redemption of this inthraled Nation (especially since your first contest with the Parliament) cry aloud in your ears and hearts (where ever you goe) for vengeance upon you, the peoples perfidious abusers, betrayers and destroyers? Oh do not you hear them cry out unto your very conscences; O give our Fathers, or Mothers, our Brothers, our Sisters, and others of our neer and dear relations, the full and speedy accomplishment of all your forementioned inravishing promises and engagement, by vertue of the power and efficacy of which you stole away their heart, and spirits from all their relations, and made them with willingnesse and cheerfullnesse become sacrifices for your assistance; for that end Edition: current; Page: [6-617] principally (if not only) that they that survived might enjoy the full and ample fruition of all your glorious promises and engagements, for common freedom, distributive Justice and righteousnesse upon the earth; Oh do you not hear their blood cry unto you? O mock not (nor dally with) God any longer, but without delay, give our friends and country-men the promised price of all our blood, by the full and speedy paying of all your vows, and engagements made unto God for that end, lest for all your perjury, apostacy, and perfidiousnesse he create a mighty and irresistible spirit of revenge amongst the people, and knit together (their otherwise divided hearts, in one, is one man to rise up in one day to destroy you, with a more fatall scouring destruction then you have already destroyed others (yea the highest in the Nation) pretendedly for oppressions, breach of Oaths, Faith and Covenants) yea to sweep you away from the land of the living; with an overflowing deluge of destruction, as the enslaved women about six or seven hundred years agoe, did the Danes in one night throughout England.

Oh do not your hearts at all relent? can you consider this your forecited unparalleled and horrible defection and apostacy, and not tremble and be amazed, and even confounded? Is there lesse remorse of conscience in you then was in Belshazzar, who at his seeing the hand writing upon the wall, hanged his countenance, and his thoughts troubled him, so that the joynts of his loins were loosed, and his knees smote one against another, (though otherwise in as great Jolity and prosperity as any of yourselves or Officers) or have you lesse apprehension of the Majesty of God then was in the heathen Roman Governour Felix, who when he heard Paul reason or Preach of rightousnesse, temperance and Judgement to come trembled and feared, and durst not proceed in fury against him, although much thereunto provoked by his adversaries, Act. 24. since all sense and compunction of conscience is not totally departed from you; hear us therefore in the yearning bowels of love and kindnes we intreat and beseech you with patience and do not abuse us for complaining and crying out, for the knife hath been very long at the very throats of our Liberties and Freedoms, and our burthens are too great and too many for us, we are not able to bear them and contain our selves, our oppressions are even ready to make us despair, (or forthwith to fly to the prime Lawes of nature, viz. the redolent remedy at hand, light it where it will, or upon whom it will) they are become as devouring set in our bones, ready to burn us up, rendring us desperate and carelesse of Edition: current; Page: [6-618] our lives, prising those that are already dead, above those that are yet living, who are rid of that paine and torment, that we do & must indure, by sensibly seeing and beholding not only the doing, but the daily burial of our native Liberties and Freedoms, that we care not what becomes of us, seeing that we are put into that originall state or chaos of confusion; wherein lust is become a law, envy and malice are become laws, and the strongest sword rules and governes all by will and pleasure; all our ancient boundaries and land-marks, and puld up by the roots, and all the tyes and bonds of humane society in our English horizon totally destroyed and exterpated. Alas for pity.

We had rather die then live this life of languishing death, in which our Masters possesse nothing (to buy themselves or us bread to keep us alive) that they can call their own; therefore it is no boot for us to serve out our times, and continue at our drudging and toyling trades while these oppressions, cruelties and inhumanities are upon us, and the rest of the people; exposing thereby the Nation not only to domestick broyles, wars and blood-sheds (wherein we insure our bodies must be the principall bars) but to forraign Invasions by France, Spaine, Denmark, Sweathland, &c. as was well observed by our endeared and faithfull friends of the forementioned late treacherously defeated party at Burford in their Book of the 20 of August, 1649. Intituled the Levellers vindicated, or the Case of their 12 Troops truly stated, pag. 11. which we cannot but seriously recommend (with them) to your serious perusall and judgement and desire to know of you (but especially the private souldiery of the Generals Regiment of horse, what we understand had a hand in seasing upon and plundering our true friends at Burford) whether you do own the abominable and palpable treacherous dealings of your Generall and Lieutenant Generall Cromwel and their perfidious Officers with them or no? (that so we may not condemn the innocent with the guilty, and may know our friends from our foes) as also to tell us, whether we do approve of the totall deflection of your Army under which it now lyeth, from their Faithful solemn engagement made at Newmarket-heath, June the 5 1647, not one of those righteous men in behalf of the Parliament and people, on which your vow was made, being yet fulfilled or obtained; but on the contrary (as we have before rehearsed) a whole flood-gate of tyrannies are let in upon us, and even over-whelme us; and whether you justify all those actions done in the name of the Army upon your account, and Edition: current; Page: [6-619] under pretext of that Engagement since the Engagement it self was broken, and your Councill of Agitators dissolved? And whether you will hold up your Swords to maintaine the totall abolition of the peoples choicest interest or freedom, viz. frequent and successive Parliaments, by an Agreement of the People, or obstruct the annuall succession? Whether you doe allow of the late shedding of the blood of war in time of peace, to the subversion of all our Laws and Liberties? And whether you do countenance the usurpation of the fundamental Freedoms of this Commonwealth? as their revocation or nullity of the Great Charter of England, The Petition of Right, &c And whether you do assent to the erection of Arbitrary prerogative Courts that have or shall overrule, or make void, our ancient way of tryals in criminal Cases, by a Jury of 12 men of the neighbourhood? and whether you will assist or joyne in the forcible obtrusion of this Martial and Tyrannical Rule over us? Also whether you will fight against and destroy those of our friends that shall endeavour the composure of our differences, together with the procurement of our Freedoms and settlement of our peace (your plenty and prosperity) accordingly as it was offered by the 4 Gentlemen prisoners in the Tower of London, upon the first of May 1649 (as a peace-offering to this Nation) by the Agreement of the People?

Lastly, We earnestly beseech you to acquaint us, whether from your hands (to your power) we may expect any help or assistance in this our miserable distressed condition, to the removall of those iron bands and yolks of oppression, that have thus inforced us to complain, and addresse our selves thus to your serious consideration.

For we cannot chuse but acquaint you, that we are seriously resolved, through the strength and assistance of God, (with all the interest we have in the world) to adhere to the righteous things contained in our treacherously defeated freinds forementioned late vindication; very much approving of that unparalel’d expedient (of an agreement of the free people,) they propose in the latter end thereof, for the firm setling of the peace, Liberties and Freedoms of this distracted nation, which hath so much justice, righteousnesse and safety in it, that we hope it will in a very short time levell all self interests before it & make it clearly appear to him that claims the greatest personall share in the government of this Nation, that there is no way to obtain the true love of the understanding English people (without which he will never obtain his Edition: current; Page: [6-620] desired Crown) but by a cheerefull, hearty and reall promotion of such principles therein contained as doe sufficiently tye his hands from cutting the peoples throats, at his will and pleasure, the endeavouring of which, exposed his father to that fatall end that befell him; which may be a seasonable caveat to all Princes &c, to take heed of that desperate rock, viz. the attempting to govern the people by will, and not by Law; by force, and not by love; the onely and alone durable and permanent tie or bond amongst the sons of men; We say that expedient of an Agreement of the free people appears to us to have so much equity righteousnesse and common safety in it, that we are resolved to bury all by-past DISTASTS at the greatest of Englishmen that shall heartily and cordially, signe and put forth their power and interest, to promote the establishment of the principalls therein contained; and in the ADHERING TO, AND STANDING BY, all such as shall be in any danger for walking in such paths, we shall through the strength of the Lord God Omnipotent (to the uttermost of our power and abilities) resolvedly hazard our our lives and all that is dear to us.

For the effectuall promotion of which said Agreement we are necessitously compeld, to resolve in close union to joyn our selves, or our Commissioners (chosen for that end) the Counsel with our foresaid Burford friends, or their Commissioners, and to resolve to run all hazards, to methodize all our honest fellow Prentices, in all the Wards of London, and the out-Parishes, to chuse out their Agents to joyn with us or ours: to write Exhortative Epistles, to all the honest hearted freemen of England, in all the particular Countries thereof, to erect severall Councels amongst themselves, out of which we shall desire (and exhort them) to chuse Agents or Commissioners (impowered and intrusted by them) speedily to meet us and the Agents of all our, (and the Agreement of the People) adherents at London, resolvedly to consider of a speedy and effectuall method, and way how to promote the Election of a new and equall Representative or Parliament, by the Agreement of the free People, seeing those men that now sit at Westminster, and pretendedly stile themselves the Parliament of England, and who are (as they say (although most falsly) in the Declaration for a Free State, dated March 17. 1643, p.17. intrusted, aund authorized by the consent of all the People of England whose Representatives they are) make it their chiefest and principallest work, continually to part and share amongst themselves, all the great, rich, and profitablest places of the Nation, as also the Nations publike Edition: current; Page: [6-621] treasure and Lands, and wil not ease our intolerable oppressions, no nor so much as of late receive our Particular Petitions having upon Thursday last, August 23 1649. rejected that most excellent of Petitions ready at their door to be presented to them by divers honest men (our true hearted neighbours of Surrey) the true Copie of which for the worth of it although it be at large already printed in Friday Occurences and the Tuesday Moderate,) we desire here to insert.

Charles Collins

Collins, Charles

William Trabret

Trabret, William

Edward Waldegrove

Waldegrove, Edward

Edward Stanley

Stanley, Edward

Nicholas Blowd

Blowd, Nicholas

Anthony Bristlebolt

Bristlebolt, Anthony

Steven Smith

Smith, Steven

Thomas Frisby

Frisby, Thomas

William White

White, William

John Floyd

Floyd, John

29. August, 1649.

London

To the supreme Authority of this Nation, the Commons of England assembled in Parliament:

The humble Petition of the oppressed of the County of Surrey, which have cast in their Mite into the Treasury of this Common-wealth.

SHEWETH,

THat as the Oppressions of this Nation in time foregoing this Parliament were so numerous and burdensome, as will never be forgotten; so were the hopes of our deliverance by this Parliament exceeding great, and full of confidence, which as they were strengthened by many Acts of yours in the beginning, especially towards conscientious people, without respect unto their judgments or opinions; did the gratitude of the wel-minded people, exceed all presidents or example sparing neither estate, limb, liberty, or life, to make good the authority of this honorable house, as the foundation and root of all just Freedom, although we many times observed (to our grief) some proceedings holding resemblance rather with our former bondage: yet did we impute the fame to the troublesomness of the times of War, persistently and silently passing them over, as undoubtedly hoping a perfect remedy, so soon as the Warres were ended: But perceiving our expectations in some particulars frustrated: and considering some late dealings with some of our friends, &c. the consideration of which lies so heavy on our spirit that for prevention thereof, we conceive our selves bound in conscience and duty to God, to set before you once more, the generall grievances of the Commonwealth, and the earnest desires of the ingenious and well-minded people.

First, That the Petition of the Eleventh of September last, and the Agreement of the People may be reassumed, and the particulars therof speedily established.

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Secondly, we most earnestly beg, with many other of your faithfull friends in all the Counties of England that that most irksome and intolerable oppression of Tythes, which is retained in no reformed Church, neverthelesse more firmly established then ever by your Ordinance for treble dammages, made in the Parliaments corruption, and yet no Act against it, which causes our hearts to be discouraged, and brought into much fear and doubt of the removall of these and other bondages by this Representative: Wherefore we cannot passe it by, but again intreat, that the Ordinance for Tythes may be speedily revoked, and that a more equall way of maintenance be provided by the publique Ministery.

Thirdly, That all proceedings in law may be in English, that a short time may be inserted for the tryall of all causes, and that by Twelve men of the Neighborhood, and that none may be debarred of Freedom to plead his own or his Neighbours Cause, [as by Law any man may and ought to doe, as clearly appears by the Statute of 28 Edw 1 ch.11.] before any court of Justice, although no Lawyer. And that no member of your House be suffered to plead as a Lawyer, whilst a member thereof.

Fourthly, That some course may be taken for the future, to pay the Army; not laying such intolerable Burthen and taxes on its people which we are not able to bear, And so we shall for ever stand by you an all Representatives for the freedom of the Nation, as formerly. Desiring that we may obtain speedily a new and equal Representative.

We say, considering what is before premised, we are necessitated and compeld to doe the utmost we can for our owne preservations; and for the preservation of the Land of our Nativity; and never (by popular petitions) addresse our selves to the men sitting at Westminster any more, or to take any notice of them, then as of so many Tyrants and Usurpers, and for time to come to hinder (as much and as farr as our poor despised interest will extend to) all others whatsoever from subscribing or presenting any more popular petitions to them: And only now as our last Paper-refuge, mightily cry out to each other, of our intolerable oppressions in Letters and Remonstrances, signed in the behalf, and by the appointment of all the rest by some of the stoutest and stiffest amongst us that we hope will never apostasize, but be able through the strength of God, to lay down their very lives for the maintaining of that which they set their hands to.

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You our fellow-Countrymen (the private Souldiers of the Army) alone, being the instrumentall authors of your own slavery and ours; therefore as there is any bowels of men in you, any love to your Native Country, Kindred, friends or relations, any sparks of conscience in you, any hopes of glory or immortality in you, or any pity, mercy, or compassion, to an inslaved, undone, perishing, dying people, Oh help, help! save and redeem us from totall vassalage and slavery, and be no more like brute beasts, to fight against us or our friends, your loving and dear brethren after the flesh: to your own vassalage as well as ours.

And as an assured pledg of your future cordialnesse to us (and the true and reall liberties of the Land of your Nativitie) we beseech and beg of you, (but especially those amongst you that subscribed the solemn engagement at Newmarket heath and the of June 1649) speedily to chuse out from amongst your selves, Two of the ablest and constantest faithfull men amongst you in each Troop and Company, now at last, (by corresponding each with other, and with your honest friends in the Nation) to consider of some effectuall course (beyond all pretences and cheat) to accomplish the real end of all your engagements and fightings, viz. the settling of the Liberties and Freedoms of the people, which can never permanently be done, but upon the sure foundation of a POPULAR AGREEMENT: who (viz. the people) in Justice, gratitude, and common equity, cannot choose but voluntarily and largely make better provision for your future subsistance (by the payment of your ARREARS) then ever your Officer, or this pretended Parliament intends, or you can rationally expect from them; witnesse, their cutting off three parts of your Arreares in four for Free-quarter and then necessitating abundance of your fellow-Souldiers (now cashiered, &c.) to sell their Debenters at two shillings six pence, three shillings and at most four shillings per l. by meanes of which you that keep your Debenters being necessitated to vie with the greatest bidder, in the purchase of the late Kings Lands, they are able to give above 30 years purchase, for that you cannot give a years purchase for; and if you will not give with the most you must have no Land, so that the most of your Debenters are likely to prove waste papers, and those that purchase will have but a slippery security of their possessions, by reason of generall discontents amongst all sorts of people, and particularly by so extraordinarily disengaging and cheating so many Souldiers as they have done, of their just expected recompence of reward.

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And also, as a further demonstration of the cordialnesse of your hearts to us, OUR BURFORD FRIENDS, and our own and our Liberties; we desire you to take some speedy course for the faithfull restoring to the right Owners, all such Horses, Money, Clothes, &c. as you, any of you, plundered or stole from our true friends, (cheated and defeated) at Burford, publish some kinde of Demonstration of your or any of your remorse of Conscience for your being instrumentall in destroying of them there, that stood for your good, freedomes and ARREARS, as much, (and as well) as their own, especially considering they have in their foresaid Vindication made it evident and apparent (and we understand they are at face to face to prove) That both our Generall, and Lieutenant Generall Cromwell broke their faith with them, and treacherously surprised them; and so dealt worse and more vilely with them, then ever they did with the worst of Cavaliers, with whom in that kinde they never broke faith with, in their lives; but more especially we desire the last fore-mentioned thing in your hands; because upon that Trayterous and wicked defeat of those our true Friends, (and wilfully murthering of three of them) that really stood for the Nations interest, Liberties, and Freedoms your Generall and Cromwell, with the rest of their faction made a most transcendent Feast, to insult over the Liberties and freedoms of the servants of the most high God as though by that most vile act, they had subdued and buryed all the Liberties of the Nation in eternall oblivion, and FOYL’D the Lord of life and glory himself, from distilling any more Spirit of Courage and Resolution into any to stand for them; and in that wickedest of Feasts, not onely a great measure imitated Belshazzar, Dan. 5. That made a great Feast to a thousand of his Lords, and fetched out the vessels, that by the spolie of the people of God, his father Nebuchadnezzar had gone to the Temple of the Lord, and drank wine in them, and praised the gods of gold and of silver, of brasse, of iron, of wood, and of stone, but also imitated the greatest of the enemies of Christ, who at the slaying of the two witnesses, Rev. 11. rejoiced over them and made merry and sent gifts one to another (as in Gold and Silver plate, &c. was most largely done to your General Fairfax and Lieutenant-General Cromwell) the reason of which is there rendred, which is, because the two Prophets (of Truth and Justice) tormented them that dwelt on the earth; but with comfort and joy we cannot but serve the next words to them, which is, That within a little season after, the Edition: current; Page: [6-625] Spirit of life from God entred into them, (as we hope and doubt not, but it will abundantly now doe upon the true defenders for justice and righteousnesse amongst men) and they stood upon their feet, and great feare fell upon them that saw them, and great Earthquakes followed, in the nick of which is proclamation that the Kingdoms of this world are become the Kingdoms of our Lord and of his Christ; and he shall reign for ever and ever; unto which we heartily say, Amen, Amen. So with our hearty true love remembred to you all, expecting your, or some of your speedy answer, we commit you to God, and rest

London

this

29. August, 1649.

Your faithful, though abused Countrymen.

Signed in the behalf of our selves and the unanimous consent of the Agents of the Youngmen and Apprentices of the City of London, that love and approve of the Agreement of the People, dated May 1. 1649. the Vindication of the late defeated men at Burford entituled, The Leveller, vindicated.

Charles Collins

William Trabret

Ed. Waldegrove

Ed. Stanley

Nicholas Blowd

Anthony Bristlebolt

Steven Smith

Thomas Frisby

William White

John Floyd.

FINIS

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John Lilburne

Lilburne, John

16 November 1649

[25]

6.25. John Lilburne, Truths Victory over Tyrants and Tyranny (n.p., 16 November 1649).

Source

John Lilburne, Truths Victory over Tyrants and Tyranny. Being the Tryall of that Worthy Assertor of his Countreys Freedoms, Lieftenant Colonell John Lilburne, Defender of the Ancient and known Laws of England, against Men and Devills, whether in King, Parliament, Army, or Councell of State. Guild-hall London, Octob. 26. Freed in open Court, from his unjust and Illegall Charge of High-Treason, and cruell Imprisonment in the Tower, by the unbyassed and just Verdict of this Jewry, whose Names are here inserted; Miles Pettit, Holburn-Condu. Stephen Iles, Friday-street. Abraham Smith, Smithfield. John King Smithfield. Nicholas Murrin, Gosling-str. Thomas Daintie, Cheapside. Edmund Keysar, Holb-bridge Edward Perkins Smithfield. Ralph Packman, Smithfield. William Cummins, Cheap. Symon Weeden, Bredstr. Henry Tooley, Bredstreet. All good men and true. Printed in the fall of Tyranny. 1649. (n.p., 16 November 1649).

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TRUTHS VICTORY Over TYRANTS AND TYRANNY.

I Should before this have given you the Tryall of honest John Lilburne in Print, by Order of the House, but that it was so rediculous on their part, that they cannot endure so much as to hear of it; so farr as I can gather from Mr. Hinde, and others who took his Tryall in Short-writing, (besides my self) being both eye and ear witnesses of their Proceedings against him in that Court.

His Charge was not one Jot lesse then High-Treason (with a new found-diddle) for which that honest Liev. Colonell Edition: current; Page: [6-630a] John Lilburn, was a week before he came to Guild-hall condemned by their Tyrannicall Counsell of State, only they would venter at a legall Tryall, thinking with their bigge looks, and Guards of Souldiers to make honest John and the Iewrie say after them; but it proved otherwise; The most materiall things that the forsworne Iudges did accuse him of, was.

THat he the said Iohn Lilburne did at or about Easter last, 1648, and divers times before and since, against the Peace of the Common-wealth of England, and the Testimony of his owne Conscience (not setting God before his eyes) most perfideously, wickedly, perniciously, and Treasonably write, and cause to be Printed, Published and Divulged divers Papers and dangerous Books of very evill Consequence, to the derogatition of divers Members of Parliament, and the subvertion of the Parliament and present Government by Slanders, Lyes, and false Suggestions cunningly by him insinuated and spread amongst the People, to take off, & divide the People, and alienate their Affections from that just Authority which is set over them for their good and safety, and to bring a low and mean esteem upon the Persons, and a suspition and hatred upon the courses and intentions of the most faithful Members of the Peoples Representative in Parliament, and of other Ministers of State, that are most conscientious in discharging their trust, & are therefore become the utmost object of his wretched spleen and malice.

Here they began to read over his Books, which pleased the People as well, as if they had acted before them one of Ben Iohnsons Playes, for their excellency, I shall give you the names of them, desiring all well affected People to buy them; because they are filled with Law and Truth.

1. His two Pictures of the Counsell of State, in which Books you may see them, as in a glasse, sitting together to cheat the Common-wealth, like a pack of Jugling Knaves.

2. His DISCOURSE with Mr. Peters, in which Peters told him, That there was no Law; whereupon honest Lilburn, replyd, That he & his masters were then a company of Roagues, or Fools, to fight for the Laws, when there were none.

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3. His INPEACHMENT of High Treason against CROMWEL and IRETON, in which there is an excellent Epistle directed to William Lenthall Speaker, to those Knights Gentlemen and Burgesses left by Colonel Thomas Pryde Esq; (late Dray-man in Smithfield) in his purge to the House of Commons, who with the Assistance of the Army (saith JOHN) are now pulling down the good and old Laws, of the Land, and setting up their own Ambition and Tyrannicall Wills.

4. A HUE and CRY after Sir Arthur Hasterigge Governour of New-castle, and Tyrant of the North.

5. His DISCOURSE with Prideaux some few dayes before his Tryall, in which he plainly made it appear, That this Parliament was Null and VOID; First by the death of the KING, which was by them Illegally acted; Secondly by their owne Arguments.

For at that time when the House was Affronted by some disorderly Apprentices for one afternoon, the next day (like a company of Cowards,) some Thirty or thereabouts, (being but a small part of the House,) fled to the Army about Uxbridge, and would not owne them at Westminster as a House, as they Sate, though Free and without any Force; but wrote to them by the Title of Knights and Gentlemen Sitting at Westminster: And when the Speaker with his Crew was again put into the House, he said, Those which had Acted in their absence was no Parliament; and that all their Acts and Orders were Null and Void: then surely saith he, this is none; for that the Major Part was by Force pulled out of the House, and a Guard set to keep them out, and to awe them who sate to Act according to the Humor of the Grandees; which Prideaux could not deny: The Particulers out of these Papers, with malitious agravations of jeering Iarman, sneaking Keeble, and the puppit Prideaux; they drew up their Indictment, which lasted a whole day the Reading; which when they had ended, they Required honest JOHN to Answer them presently: He said unto them,

Gentlemen,

I Desire time; for have you been this Six Months knocking your heads about this; and must I who am here upon my Life, give you an Answer at this instant; I pray you hold, and Edition: current; Page: [6-631a] make not too much haste to hang True Folkes, you know not how soon it may be your owne Turnes,

Then Ieering Iarman bawl’d out, and said, with vehemency of Malice,

Master Lilburn, either Answer now, or for ever hold your tongue.

But then that Innocent Gentleman, Liev. Colonel JOHN LILBURNE desired, That if he might not be allowed two dayes time to answer their tedious CHARGE, that they would grant him but two houres.

But the States three Beagles yelped out with full mouth, No, no, no, not an inch of Time.

So soon as they had said this, a Scaffold in the Hall fell down, some (being hurt) crying out, which so amazed, and terrifyed the unjust Judges, that for almost the space of an houre, they did nothing but stare one upon another, in which time Mr. Lilburne did so prepare himself for them that when he came to speake, he did confute them with good Law, and honest Reason (telling them, that they had prated like Fools, and knew no more LAW then so many Geese) whereupon the Lubbers of the Keepers of ENGLANDS LIBERTIES had not a single Sillable to utter in the defence of themselves or MASTERS, but left it to the Iewry, with as many Items and Nodds as they durst give them, to follow their Wills.

But the honest-hearted JEWRY-MEN [being all unbyased men, and such as had no dependency on them by OFFICE or the like] did as justly as honestly and gallantly discharge their Consciences; not fearing their great looks, nor new invented ACTS; but in their Verdict did unanimously declare,

THAT THE PRISONER WAS NOT GUILTY OF HIGH-TREASON.

At which time the People (for Joy) gave a great shout, that made Guild-Hall to ring again, which made his unjust Edition: current; Page: [6-631b] Judges to pull in their hornes, slip off their Gowns, and betake themselves to run, as if they had been so many Gadarines, for fear the PEOPLE should pull them off their seats of JUSTICE by the eares; and in their Passage home, were scoff’d mock’d and derided by Men, Women and Children.

Then was that worthy Champion, and Patriot of his COUNTRY, Lievtenant Colonel JOHN LILBURNE attended back to the TOWER, not onely with the Joy and acclamation of his friends, but of all sorts of PEOPLE; for his unexpected delivery from the cruel pawes of his mercilesse and fell Enemies, who made no other account but to sacrifice to their unlimmited, Tyrannical, lawlesse and unbounded Wills that worthy and gallant Sufferer for his Countreys FREEDOMS, who had been so long, and so cruelly handled by them, and illegally kept their Prisoner without any just Cause, and had so remained all his Life time, had it not been as the common Proverb saith; FOR SHAME OF THE WORLD, AND SPEECH OF PEOPLE.

There was at night Ringing of Bells, and Bonfires in many places of the City of LONDON, and a gennerall joy in his very Enemies, so odious are the now present Juncto sitting at Westminster, that al the Tyrants that ever exerciz’d Power here were not halfe so hatefull to the PEOPLE, or halfe so burthensome to their shoulders, as these perjur’d Hypocriticall Changlings are to the over-ridden People of England, as appears by their love to those that oppose them.

And that the sordid basenesse of both them and their Creatures, may more evidently appear (next the Names and abodes of the Ieury that stood so firmly to the Law, and their fellow-Commoner) I will give you the Copy of his Discharge, signed by Bradshaws own hand.

The Names of the Jury-men.

Miles Pettit, Holburn-Condu. | Edmund Keysar, Holb-bridge.
Stephen Iles, Friday-street. | Edward Perkins Smithfield.
Abraham Smith, Smithfield. | Ralph Packman, Smithfield.
John King, Smithfield. | William Cummins, Cheap.
Nicholas Murrin, Gosling-str. | Symon Weeden, Bredstr.
Thomas Daintie, Cheapside. | Henry Tooley, Bredstreet.

All Good Men and true.

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A Copy of a Warrant, sent from the Councel of State, for the Releasement of Lievtenant Colonel Iohn Lilburne from his Imprisonment in the TOWER.

WHereas Leivtenant Colonel John Lilburne hath been Committed Prisoner to the Tower upon Suspition of High Treason in Order to his Tryal at Law; which Tryal he hath received, and is thereby acquitted.

These are therefore to will and require you, upon sight hereof, to Discharge and set at Liberty the said Lievetenant Colonel John Lilburne from his Imprisonment, for which this shall be your sufficient Warrant.

Given at the Councel of State at White-hall

this Eight of November. 1649.

To the Lievtenant of the Tower, or his Deputy.

Signed in the Name, and by the Order of the Councel of State, appointed by Authority of Parliament.

John Bradshaw,
President.

FINIS.

Mr Walwyn, Mr Prince, and Mr Overton, must either lie in Prison till they were starved, or take the new Engagement; and of two Evils they choose the less; and have set their Hands to the new Engagement, which they promise to keep as faithfully as Bradshaw, Vain, or Prideaux have done the Covenant.

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Gerrard Winstanley

Winstanley, Gerrard

1649

[26]

6.26. Gerrard Winstanley et al., The True Levellers Standard Advanced (London, n.p., 1649).

Source

Gerrard Winstanley et al., The True Levellers Standard Advanced: Or, the State of Community Opened, and Presented to the Sons of Men. by Ferrard Winstanley et al.. Beginning to Plant and Manure the Waste land upon George-Hill, in the Parish of Walton, in the County of Surrey, London. Printed in the Yeer, 1649. (London, n.p., 1649).

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John Taylor

Taylor, John

April 20, 1649.

To all my fellow Creatures that shall view these ensuing Lines.

The God of this world blinding the eyes of the men of the world, have taken possession of them and their Lives, Rules and Raigns, and in a high measure opposeth the everlasting spirit, the King of Righteousness; both in them, and on the world Creation, bending all its Wit and power to destroy this spirit, and the persons in whom it lives, rules and governs; making Lawes under specious pretences, yea and penalties too, that all Nations, Tongues, and Languages, shall fall down and worship this god, become subject, yea in slavery to it, and to the men in whom it dwells: But the god of this world is Pride and Covetousness, the roots of all Evil, from whence flowes all the Wickedness that is acted under the Sun, as Malice, Tyranny, Lording over, and despising their fellow Creatures, killing and destroying those that will not, or cannot become subject to their Tyranny, to uphold their Lordly Power, Pride, and Covetousness.

I have had some Conversation with the Authour of this ensuing Declaration, and the Persons subscribing, and by experience find them sweetly acted and guided by the everlasting spirit, the Prince of Peace, to walk in the paths of Righteousness, not daring to venture upon any acts of injustice, but endeavouring to do unto all, as they would have done to them, having Peace and Joy in themselves, knit together and united in one spirit of glory and Truth: Love to their fallen Creatures, Contention with Food and Rayment, shewing much Humility and Meekness of spirit; such as these shall be partakers of the Promise.

Blessed are the Meek, for they shall inherit the Earth.

Secondly, for this action of theirs, in labouring to Manure the wast places of the Earth, it is an action full of Injustice and Righteousness, full of love and Charity to their fellow Creatures; nothing of the god of this world, Pride and covetousness seen in it, no self-seeking, or glorying in the Flesh.

Vouchsafe to reade, or view over these ensuing Lines ye Powers of the Earth; Oh that Reason might sit upon the throne of your hearts as Judge; I am confident there is nothing written in anger or hatred to your persons, but in love to them as fellow Creatures; but Edition: current; Page: [6-637] against that which have bound up your own Spirits in slavery; if you could speak impartially, your own Consciences can bear me witnesse, and only bears sway in your forcing you to exercise Tyranny, scourging and trampling under foot your fellow Creatures, especially those whose eyes are opened and can cleerly discover the great Devil, Tyranny, Pride, and Covetousnesse working to and fro upon your spirits, and raigning in you, which will prove your own destruction: The angels that kept not their first Estate, are reserved under Chains of darknesse unto the Judgement of the great day.

The whole Creation are the Angels of the everlasting Spirit of Righteousnesse, they are all ministring spirits, speaking every Creature in its kind the Will of the Father. The Chariots of God are 20000 thousands of angels, Psal. &c.

But yee great ones of the Earth, the Powers of this world, yee are the Angels that kept not your first estate, and now remain under Chains of darknesse: Your first Estate was Innocency and Equallity with your fellow Creatures, but your Lordly power over them, both Persons and consciences, your proud fleshly imaginations, lofty thoughts of your selves, are the fruits of darknesse which you are kept under: The whole Creation groaneth and is in bondage, even until now, waiting for deliverance, and must wait till he that with-holdeth be taken away, that man is sin, that Antichrist which sits in the throne, in the hearts of the men of this world, the Powers of the Earth, above all that is called God.

I know you have high thoughts of your selves, think you know much, and see much, but the Light that is in you is Darknesse; and how great is that darknesse? They that live in the light of the Spirit can discover that to be the blacknesse of darknesse which you count light. And truly, a great light, a bright Morning Star which will flourish and spread it self, shining in Darknesse, and darknesse shall not be able to comprehend it, though you Spurn never so much against it.

I expect nothing but opposition, mockings, deridings from Lord Esau the man of Flesh: I know it will be counted in the eye of Flesh, a foolish undertaking, an object of scorn and laughter; but in this is their Comfort and incouragement, That the power of Life and Light, the Spirit by whom they are commanded, will carry them on, strengthen and support them, rescuing them from the Jaw of the Lyon and Paw of the Bear; For great is the work which will shortly be done upon the Earth. Despite not Visions, Voyces and Edition: current; Page: [6-638] Revelations; examine the Scriptures, Prophesies are now fulfilling; be not like Josephs Bretheren, speak not evil of things you know not: for whatsoever is of God will stand, do what you can, though you may crush it for a time, the time is neer expired it will spring up again and flourish like a green Bay tree: What is not of the Father will fall to the ground, though you bend all your wit, power and policy to keep it up; but of that will be no Resurrection. That the eternal Spirit may enlighten you, that Reason may dwel in you, and act accordingly, is the desire of your Loving Friend, and Fellow Creature,

John Taylor.

April 20, 1649.

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1649

[27]

6.27. Anon., The humble Petition of divers wel-affected Women (London, n.p., 1649).

Source

[Anon.], To the Supream authority of this Nation, the Commons assembled in Parliament: The humble Petition of divers wel-affected Women inhabiting the cities of London, Westminster, the borough of Southwark, Hamblets, and places adjacent; (Affecters and Approvers of the late large Petition) of the Eleventh of September, 1648. In behalf of Lieutenant Col. John Lilburn, Mr. William Walwyn, Mr. Thomas Prince, and Mr. Richard Overton, (now Prisoners in the Tower of London) and Captain William Bray, Close-prisoner in Windsor-Castle; and Mr. William Sawyer, Prisoner at White-Hall, Imprinted at London, 1649. (London, n.p., 1649).

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TO THE Supreme Authority of this Nation, the Commons assembled in PARLIAMENT.

The humble Petition of divers well-affected Women inhabiting the City of London, Westminster, the Borough of Southwark, Hamblets, and places adjacent, In behalf of Lieutenant Colonel John Lilburn, Mr. William Walwyn, Mr. Thomas Prince, and Mr. Richard Overton, now Prisoners in the Tower; and Captain William Bray close Prisoner in Windsor-Castle; and Mr. William Sawyer prisoner in White-hall, Affecters and Approvers of the late large Petition of the 11. of September, 1648.

Shevveth,

THat so great is our particular sorrow and affliction under the grievous weight of the publick Calamity and distress, that with longer patience we are not able to undergo the woe and misery thereof, or longer to sit in silence; for our oppressions are too many and great for us, we are not able to bear them and Edition: current; Page: [6-643a] live; we are even distracted in our selves, we know not which way to turn us; and if oppression make a wise man mad, how is it better to be expected from us that are the weaker vessel?

We are so over-prest, so over-whelmed in affliction, that we are not able to keep in our compass, to be bounded in the custom of our sex; for indeed we confess it is not our custom to address our selves to this House in the Publick behalf, yet considering, That we have an equal share and interest with men in the Common-wealth, and it cannot be laid waste, (as now it is) and not we be the greatest & most helpless sufferers therein; and considering that poverty, misery, and famine, like a mighty torrent, is breaking in upon us, divers already dying weekly of Famine about the City; and we are not able to see our children hang upon us, and cry out for bread, and not have wherewithall to feed them, we had rather dye then see that day; And considering that for the prevention of the publicke calamity, our husbands, our children brethren and servants, have uncessantly waited upon this House with Petitions and addresses (while we in silence have sate at home) and instead of your good acceptance thereof, their Petitions have been sleighted and rejected, some burnt by the hand of the Common Hangman, others voted treasonable and seditious, and the Authors and Promoters guilty of high Treason, and to be proceeded against as Traytors, and upon that account severall have bin fetched from their Houses in a warlick manner and imprisoned: So that our hearts are in continuall fear of our husbands, our sons or servants, while they are promoting any thing in the behalf of the Comon-wealth, or waiting upon you with petitions, that we can neither eat, nor drink in peace, or sleep in quiet, so mightily are we terrified at the hostile violence now exercised; which hath so exasperated and stird up our spirits within us, that if our husbands, sons or servants must be imprisoned and suffer as traytors for upholding the Cause of the people in their native freedom and right, we are resolved in our weak endeavours for the same ends to suffer and perish with them, not knowing what good issue God may bring out of the same: this we know that for our encouragement and example, God hath wrought many deliverances for severall Nations, from age to age by the weake-hand of women: By the counsell Edition: current; Page: [6-643b] and presence of Deborah, and the hand of Jaell, Israell was delivered from the King of Canaan, Sisera and his mighty Host, Iudges 4. and by the British women this land was delivered from the tyranny of the Danes (who then held the same under the sword, as now is endeavoured by some Officers of the Army) and the overthrow of Episcopall tyranny in Scotland was first begun by the women of that Nation. And therefore we shall take the boldnesse to remember you;

That our Husbands, our selves and friends have done their parts for you, and thought nothing too deare and pretious in your behalf, our mony, our plate, jewels, rings, bodkins, &c. have bin offered at your feet: And God Almighty hath blest the hearty and well meant endeavours of those that have assisted you with answerable success, so that no impediment remaines but that you may remove every yoake, and make good those promises of freedom and prosperity to the Nation, by which good men were invited to your service.

Yet not withstanding we know not yet what oppression is removed, we know many that are brought upon us, yea those very particulars of tyranny that were complained of in former Rulers, and were the just cause of Gods displeasure against them, and so of their destruction; are yet practised by your selves in the Case of Lievtenant Colonel Iohn Lilburne, Master William Walwyn, Master Thomas Prince, and Master Richard Overton, as if God Almighty had now relinquished you, and did permit you to doe those things that not only contradict your selves, but pronounce your own condemnation out of your or own mouthes.

And forasmuch as the violent force and illegall proceedings upon them is every mans case, and that souldiers by the same rule may be sent we know not how soon to our own houses, to fetch our Husbands children or servants from us to the like affrightment of us and ours, as sadly befell unto these; and seeing that to this condition all are subjected by the perfect force and terror of the sword, we are even startled and stand amazed at your defection, that your hearts should be so hardened, as to justifie what the Counsel of State have done in commitment of those men who are persons that have ever manifested a most hearty affection to the peace and prosperity of the Common-wealth, and most Edition: current; Page: [6-644a] compassionately tender and sensible of others sufferings; and this dealing with good men is but a bad requitall for the blood and treasure of the people. We have had many good words, promises and declarations from you, but where are your works? it is not your words, your declarations and acts of Parliament (as you call them) will feed or cloath us or our children, while our husbands, servants and best friends are imprisoned by your Arbitrary Warrants, while Trading is utterly driven away, all kinds of Provision for Food at a most excessive rate, multiudes ready to starve and perish for want of work, employment necessaries, and subsistance; Tythes, Excise, Monopoiles continued, to the extreme disheartning of Tillage and Trade, Taxes more and more then ever, and those rigorously executed, the Souldiers being put upon Streining for goods in case of default of paiment, that truly the lives of our selves and families are full of troubles, fear, grief, repining and anguish of Spirit; and all those our greivances we must impute to the evill use that is made of your Authority, for it is all acted upon us in your name; so that till you vindicate your selves by your good works to the People, from those ourages and cruelty of the Sword upon us, we cannot see how you can pass innocent and free from the vilest guilt.

And therefore by all the obligations that lie upon you from God, your Country, those good men that have lost or ventured their lives for you; for your own sakes and posterities, we beseech you.

That laying all self-respect and vain affectations of wealth or Greanesse aside, (wherein true happinesse indeed consists not) you would be pleased to set your selves cordially and sensibly to remove the burthens of the people, and settle this common-wealth upon foundations of true freedom, and for a present testimony of your sencere intentions therein,

That Lieut. Col. John Lilburn, M. William Wallin, M. Thomas Prince, and Mr. Richard Overton, now prisoners in the Tower, and Captain William Bray close Prisoner in Windsor Castle, and Mr. William Sawyer prisoner in White-hal, may be forthwith released, with reparation from those that have done them so much injury and damage, and in such sort as others may be careful how they exceed the bounds of Law and Reason. Also, that the Souldiers may never be authorise to intermedle in the Edition: current; Page: [6-644b] Civill Authority, or be used but in cases of War, and forcible resistance.

And then, if any person have ought against them, we intreat they may (from first to last) be proceeded against as by the Law of the Land is already provided, and not otherwise in a tittle: Our said Friends, in our esteem, and in the apprehensions of all unbyassed men we have heard of, being so far from being guilty of Treason, that we are fully perswaded it will never go well with this Nation, either in its Peace, Freedom, or prosperity, so long as such men are so ill requited for all their pains, costs, labours and hazards in behalf of the Common wealth; nor untill their motions, counsels and propositions are better regarded; there never having been desired or offered to this House things for common good, so essentially necessary in their several seasons: as, that Petition that was burnt by the Hangman, that of the 11. of Septemb. and the Agreement of the People; the last whereof, as the finall result of the rest, we intreat may finde large encouragement from this Honourable House; that so we may speedily have a new and equall Representative.

We also intreat, that you will be pleased to declare particularly wherein the said Book laid unto their charge, tendeth to the hindrance of the relief of Ireland, or the continuance of free-quarter, or is treasonable in it self, because you have by your Declaration made the same, and the abetting thereof in any person to be no less then Treason. For our selves, not being satisfied of any such thing in the Book, and no particulars being mentioned by you, how or wherein it is treasonable, your Declaration is no other then a snare to us, our Husbands, Children and Servants, whereby unawares we may be entrapt in our discourses about any thing contained in the said Book.

Also, that you will be very wary in making any thing to be treasonable, or a capital offence, that is not essentially destructive to civil Societie: then which we know nothing more, then the exercise of an arbitrary Power, or continuance of Authoritie Civil or Military, beyond the time limited by Trust or Commission, or the perverting of either to unjust, bloudy, or ambitions ends; things which our said Friends, with others, have Edition: current; Page: [6-645] much complained of and for which principally we beleeve their lives are (by those that are guilty) so violently pursued, that it appeareth, there was an intent by sudden surprize in the said-night to fetch them from the Tower to White-hall there to murther them, if by the pretence of Law they could not destroy them.

So that their condition is very sad and desperate, their enemies being absolute Judges over them, masters of all power, answerers hitherto of all petitions, and directors of all things concerning their tryall, so as we are amazed to consider, which way their deliverance should come, and should despaire but but that we trust God will be pleased to raise up deliverance from amongst you, in preserving of whom you will preserve your selves, your wives, children and the whole Nation from bondage and misery, and thereby discharge a good conscience in the trust you have undertaken, and become the joy and rejoycing of your Petitioners and all well-minded people, who otherwise are like to spend their dayes in nothing but misery, bewailings and lamentations.

All those Women that are Approvers hereof, are desired to subscribe it, and to deliver in their Subscriptions to the women which will be appointed in every Ward and Division to receive the same, and to meet at Westminster Hall upon Munday the 23 of this instant April 1649, betwixt 8 and 9 of clock in the fore noon.

FINIS.

1

Memorandum, That the Commissioners for the respective Counties, Cities, and Boroughs, are to returne a Computation of the number of Subscribers in the severall Parishes unto the Trustees herein named before the end of April next, at such place, and in such forme as the said Trustees, or any five or more of them shall direct.

*

1 Part. Book Dec. pag. 172, 195, 214, 281, 342, 464, 494, 497, 498, 663, 666, 673, 750.

*

Was this wicked and illegall in the King? and can your denying my wife (as in my present imprisonment you have don) so much as to see me, or speak with me, or bring me sood to preserve me alive, be legall, just, and righteous in you? Let God and all righteous men judge betwixt you and me in this particular.

†

As particularly that old guilty Traytor Sir Henry Vane, who was one of the principall men that passed that bloody murdering Sentence in the Star-chamber against me, in the yeer 1637: and whose power (by his crafty Machiavel Sons interest, young Sir Henry) kept me above eight yeers together in suit in the House of Commons, that I could not get one dram of Justice, or reparation against my Star-chamber Judges; although the pursuing of that Suit one way and other, cost me above a thousand pound: Yet at last, when I got an Ordinance for 3000 li. for reparation (not from those that did me wrong, but from the Common-wealth’s Sequestrations) yet in the passing of that Ordinance, steps up John Blackston in the House, (one of Vane’s creatures, for the many thousand pounds sake of the Common-wealths money he hath helpt him to) and he gers all consideration of interest for the forbearance of the money, cut off; so that it would be many yeers before the whole sum allotted would come in: onely there was a thousand or fifteen hundred pounds worth of wood feld of Sir Henry Gibs in Brandsburth Park which Sir Henry Vane, by his power, in the Knights absence and mine both, gets an Order to possesse, although he hath no right unto it: so that my 3000 l. will be well nigh this ten yeers before the annuall rent of the Lands allotted will bring it in: which will scarce be Use for the Principall. Of all which usage, when I came out of the North to the Citie, (immediately after the execution of the King) I complained to Sir Arthur Haslerig, (then my familiar friend) and begg’d of him to deliver a Message for me to Lieut. Gen. Cromwel; in which I acquainted him step by step, how old Sir Henry Vane had without cause, for this twelve yeers together sought my bloud, and had got a good part of it; and I knew that Lieut. Gen. Cromwel had (by his son’s familiarity with him) been of late the staffe and stay of the old Traytor: and therefore I desired him to tell him, I thought there had been out-falling enough betwixt Cromwel and me already, occasioned by himself; but for my part, I desire to have no more jarring betwixt us, and therefore did earnestly intreat him to let old Henry Vane and me alone to stand or fall by our selves: For seeing he would never give over the pursuing of my life, I must be forced to have a touch at his; for I told Sir Arthur, I was resolved either to impeach him or indict him for a Trailer in betraying all the North of England to the Earl of Newcastle and sending his Magazine of Arms to him to Newcastle from Raby Castle, assuring him moreover that if L. G. Cromwel would yet protect him, for all his greatnesse I would try another fall with him, cost it what it would; but as if it were the highest treason in the world for any man in England, but he that is a Parliament man, to say that blacks the eye of any man in that House, old Sir Henry and young Sir Henry Vane are both endeavoured by King Nol to be brought in a-game to the House (having been formerly excluded for three quarter Cavaleers) and to be made Members of the New Councell of State, and King Nol by his Beagles at the Councel of War gets a Vote to passe to desire him to get a law made by the House to authorize that bloudy and tyrannicall Councell to hang poor peal garlick or any other that they should judge worthy of hanging, so that here was a fine mouse-trap for old and young Vane to catch poor John in, not obtained without doubt of the greatest engagement in the World to be King Nols Slaves & Vassals, to ingage with him, and drive on any interest he would have them, for his so seasonable help of them at this their great time of need, against furious Iohn (as they call him) who in Feb. last offered a Committee of Parliament (where S. Arthur then sate Chairman) upon his life upon the Authority of their own Ordinances to prove old sir Henry & his son Sir George Vane both Traytors, & to help them to transport their souldiers for Ireland (out of their states & their trayterous Confederates in the County of Durham) 50000l. and earnestly begd of S. Arthur & the Committee to acquaint the House herewith; but the next news I hear King Olivers paws was laid upon poor Iohn; but if he and his Cozen Prince Arthur come to burn their fingers before they and John hath done, let Oliver thanke himself, and leave Trayterous old Sir Henry Vane and his wicked sons to stand upon their own legs without the help of his Crutches the next time.

*

Kiffin, Price, &c. petitioned for a Personall Treaty.

*

Left by the sword of Pride, and his Associates.

*

See Col. Lilburne, Legall Fundamental Liberties of the People, pag. [Editor: illegible word], 30, 31, 32, 33, 34, 35, 36, & [Editor: illegible word].

a)

See my Humble remonstrance against Ship-money.

b

See 1 E. 6. cap. 7. Cook 7. Report. 30, 31. Dyer 165. 4 Ed. 4. 43, 44. 1 E. 5. 1. Brook Commission. 19. 21.

c

Cromptons Jurisdiction of Courts. fol. 1. Cook 4. Instit. p. 9. 10.

d

5. Ed. 3. m. 6. part. 2. Dors. Claus. Regist. f. 192. 200.

e)

4 Ed. 4. 44. 1 E. 5. 1. Brook Commissions, 19. 21. & Officer, 25. Dyer. 165. Cook 7. Report. 30, 31. 1 E. 6. c. 7. Daltons Justice of Peace, c. 3. p. 13. Lambert. p. 71.

(f)

14. R 2. 15. 11. H. 4. n. 30. 13. H. 4. 11. 25.

(g)

4. H. 7. 18. b. 7. H. 7. 17. 16. 11. H. 7. 27. For rescue c. 18. f. 20. Dyer. 92. Brook Parliament. 76. 197. Cooks 4. Institutes, p. 25.

(h)

See the Freeholders grand inquest, and my Plea for the Lords.

(i)

Cooks 4. Institutes p. 1.

k)

Declarat. Nov. 28. & 30. 1648.

l)

39. Ed. 3. 7. 4. H. 7. 10. Brook Parl. 26. 40. Cook 4. Instit. p. 1. 25, 26, 1 Jac. cap. 1.

m)

49. E. 3. 18, 19. 21. H. 7. 4. Brook Customs 6. 32.

n)

See my Plea for the Lords, and Levellers levelled.

(*)

Exact Collect. p. 5. 6.

(‖)

6. E. 3. Parl. E. Rot. Parl. 3. 6. 5. R. 2. n. 64. 65. 11. R. 2. n. 14. 17. 20. 8. H. 4. n. 2, 7, 27. H. 6. n. 12. 28. H. 6. n. 8, 9, 11, 29. H. 6. n. 10, 11. 31. H. 6. n. 22. 30, 49.

(*)

Cooks 4. Institut. p. 250. Dyer. f. 203.

(*)

Exist Collect p. 69, 70, 736, 709, 722.

*

Back Parliament 80. R. [Editor: illegible] 85. Dyer 85.

1)

Is not this the Armies & their own late and present practise?

2)

Alderman Chambers the eminentest of them, is yet since this Declaration discharged by you for his loyalty and conscience only.

3)

And is it not so by you now, and transmitted unto the Exchequer to be levyed?

4)

And do not you now the same, yea, some of those very good Patriots?

5)

Are not the Generals and Armies Horse and Foot too, kept up and continued among us for that very purpose, being some of them Germans too?

6)

Not one quarter so grievous as the present Tax imposed by you for the like purpose.

7)

And is it not more unnaturall in those now sitting, to engage the English Army, raised by the Parliament of England, and covenanting to defend it from violence against the very Parliament of England and its Members, and that successively twice after one another, and yet to own and support this Army without righting those Members?

8)

Was not Pride’s and the Armies comming thither to seise, and actually seising above Forty, and secluding above Two hundred Members, with Thousands of armed Horse and Foot, a thousand times a greater offence, especially after so many Declarations of the Houses against this of the Kings?

9)

Was not Humphrey Edwards now sitting, an unduly elected Member, one of them thus armed?

(‖)

Exact. Collect. p. 5. 6. 7. 14. 342. 492.

(*)

Exact Collect. p. 28. 29. 214. 263. 270. 491. 492. 495, 496. 497. 660.

(‖)

Exact Col. lect p. 285. 286. 298. 320. 322. 378. 379. 381. 513. 514. 515. &c. 618. 619. 620. 623. 647. &c. 671. 679. &c. A Collect. &c. p. 100. 102. &c. 117.

*

See Cooks 4 Instit. p. 10.

*

A collect. &c. pag. 327, 358, 359, 399, 404, 416, 420, &c. 694, 751, 768, 769, 798, 802, 806, &c. 878, 879, 889.

*

See Cooks 3 Inst. p. 2, 21, 22, 23.

*

Can or will the King himself say more, or so much as these, if he invade and conquer us by Forraign forces? And were it not better for us then to submit to our lawful King, then so many thousand perfidious usurping pretended Conquerors of us, who of late pretend they were no other but our servants?

o)

Collect. &c. pag. 599. 876.

*

Ezck. 19. 24.

*

See Seldens Titles of Honor. p. 42.

p

See A Collect. p. 94. 95. 99. 698. 700, 877. 878.

q)

Matt. Paris, 517.

r)

Ovid de Remed. Amoris.

*)

Exact Collection p. 5. 6. And their own Declarations 17. Mar. 1648. p. 7. &c.

(*)

In their Declarations March. 27. 1648. p. 26.

s)

Mag. Chart. c. 14. 14. E. 3. c. 6. Cook. 2. Instit. p. 26. 27. 169. 170.

(t)

Matt. Paris, p. 516.

(u)

A Collection, &c. pag. 771.

x)

See Cook, 5. Report. f. 91, 92. Semans Case. 7 Rep. Sendels case. Lambert f. 179 Daltons Justice of Peace, 224. 24 H. 8. c.5.

y)

See Rastal Title Purveyers.

(z)

An exact Collect. p. 7.

a

See An Exact collection: and a collection of publick Orders &c. p. 99. 698. 700. 877. 873.

a

His Petition and Appeal, his arrow of Defiance. See Mr. Edwards Gangrena, 3 pa. pag. 154. f. 204.

b

Pag. 11, 29.

c

Pag. 34, 35.

(d)

Pag. 26, 27.

(e)

Pag. 34. 39, 40. 56, 47.

(f)

Pag. 52. 53. 56. 57. 58. 59.

(g)

pag. 53, 54. 59. 41.

(h)

Pag. 2. 15. 27. 29. 33. 34. 35 41. 53. 57, 58, 59, 64. 65. 75.

(i)

See Pag. 91. 32.

(k)

P. 57. 34.

(l)

Luk. 19. 14. 27. c. 12. 13. 14

(m)

Exod. 21. 4. 6.

n

See 1. H. 4. Rot. Par. n. 97.

o

Rev. 21. 8.

*

Which they might easily have relieved, if they had pleased, with those forces they disbanded in several places of the Nation, immediately after the making the foresaid Engagement; or with those twenty they the last Spring disbanded, out of every Troop and Company: Part of which, in discontent at their base using of them, run to Laughorn and Poyer, and others; to Goring, Capel, and others, to Sir Marmaduks Langdale, and the Scots: but Cromwel it seems was resolved then. That no forces should go to relieve Ireland, till he went with them, with an absolute Commission to be King of Ireland: Which Commission, though he hath got, yet he may fail of his expected Town, both there and elsewhere.

*

As is undeniably demonstrated in my following impeachment of Lieutenant General Cromwel, and his son Ireton, at the Bar of the House of Commons, the 19. Janu. 1647. And offered again and again there, upon my life, to make it good.

*

Which I am sure they deserve, onely I wish, they may not fail of the same punishment; and that Master Cook would be as zealous in endevoring it, as he was in endevoring the Kings; for Justice ought to be impartial, and no great places ought to stop the mouthes of those that are truly prosecutors of it: And let Master John Cook take heed that the Fat Mastership of St. Crosses Hospital, lately conferred upon him, do not stop his.

*

Who although he be the man that was one of the principal Judges in the Star-Chamber, that past the bloody Sentence against me, by vertue of which, I received five hundred stripes, with knotted Cords, &c. And although he ought to pay me Reparations therefore; and although he by his power in the House, kept me above eight yeers together, that I could not get six pence Reparations; yet when something is allotted me, he by his will seiseth upon about fifteen hundred pounds of it, and none of my just Complaints can be heard against him: And Sir Arthur Haslerig, since my close impersonment, hath by his will and power, seised upon wel-nigh one thousand pounds more. Against both whom in due time, I may live to raise such an hue and cry all over England, for robbing of me, that it may be may cost the stoutest of them a knocking on the head. See the third Part in Folio 56. 221. For although I be in prison, I have no crime laid to my charge, the which if I had, yet upon their own principle (having not been in Arms against them) I cannot forfeit any part of my estate, before a Legal Conviction, according to the Form of the Law in Being, as expresly appears by the Statute of 1 Rich. 3. cap. 3. which is yet in force, and by 2. Part. Cooks Institutes, fol. 48. and 3. Part. fol. 228, 229. Nay, nor my Goods so much as inventored, although I had really committed Felony or Treason: And therefore, their seising upon my estate as they have done, I can judg in Law, to be no better then Robbery and Felony; and seeing they are by force and power protected from the lash of the Law, if there were any Legal Judges to execute it, I have in reason no other remedy left me, but to do the best I can to raise the Posse Comitatus of England upon them, by way of Replevy, to seise upon their estates for my satisfaction, whereever I finde it; which in due time, I may endevor from the force of the Statutes of 52. H. 3. cap. 1, 2, 3, 4, 15, 21. See Cooks Commentary thereupon, in second Part Instit. fol. 103. 104. 105. 106. 107. 131. 139. 140. & 3. Edw. 1. cap. 9. 17. See the Comentary upon them in 2. Part. Instit. fol. 172. 173. 193. 194. 195. & 28. Edw. 3. cap. 11. & 27. Eliz. cap. 13. & 39. Eliz. cap. 25.

*

Which Thomas Verney, is son to Sir Edward Verney, the Kings Standard Bearer, who was slain at Edg-Hill; which Verney, though he was Traveller, yet is lately become on Agent of the Derby house Committee, and Councel of State, who (as I am from very good hands informed) they imployed to the Hague, to lay a design to put the Prince on Ship-board, and so send him for England, to lose his head, as his Father hath done; but Verney being a little discovered, comes lately over into England, and amongst some pretends to be an Agent from the Prince; and upon that score, the Councel of State, imployes him to write Letters of Friendship to me, and to enter into treaty with me, to betray Oxford, &c. to whom I will appoint; that so if I had treated with him, by his testimony, they might have taken away my life for a Traytor, in holding correspondency with the Prince by his Agents; For the refusing to swear I so did, honest young Master Blank, (being thereunto much perswaded, and promised large bribes, by Sir Arthur Haslerig, but especially upon the 23 of April last, as that alone, for which they would take away my life) was forced by Sir Arthur Haslerig (the covetous and blood-thirsty Governor of Newcastle) Ireton, Pride, &c. to run the Gantlop at Saint James, whom they whipped most barbarously and inhumanely therefore, as by his Printed Testimony, under his hand, dated the 20 of April, 1649. now in Print (in Mercurius Militaris, Number 3) he declares: But knowing Verney before I saw him, I was to hard for the Knave, and have his Letters by me; which I have several times told the Lieutenant of the Tower of.

*

The full story of which, you may read in my Printed Epistle of two sheets, dated and in my large Book called Innocency and Truth Justified, and in Englands Birthright, Englands misery and remedy, and Englands lamentable slavery.

*

These are their own words in their Declaration of the nineteenth of May, 1642. 1. Part. Book. Declar. pag. 201, 202. See also pag. 123. 533. 548. 691. See the Armies Declarations, to this purpose. Book. Declar. pag. 10. 11. 17. 23. 33. 35. 44. 60. 61. 62. 83. 85. 118. but especially read the notable Arguments in Master Nathaniel Fines his Speech in the House, the ninth of February, 1640. To justifie popular Petitions, and multitudes delivering of them for the abolition of the things established by Law; which you may read in Print, in the 22. 23. 24. 25. pages, of a Printed Book, intituled, Speeches and Passages of Parliament, Printed 1641. for William Cook.

*

When formerly they received the poor mens Petitions with threatning language in it, with a great deal of thankfulness, as appears, 1. Part. Book. Declarat. pag. 289. 364. 365. 398. 533. 548. 557.

*

The enjoyment of which, was but my right by Law, as appears remarkably in the third part of Cooks Institutes, fol. 29. 137. 230.

†

Which you may at large read, in my plea before Mr Corbet, recorded in the 8, 9, 10, pages of it, being called, The Resolved mans Resolution, and Mr John Wildmans notable defence against Masterson, called, Truths triumphs, pag: 2. 11, 12, 13, 14. and my late Book of June 8. 1649. entituled, The Legall Fundamentals, &c. p. 6, 7, 8, 9.

‖

See Sir Edward Cooks 1 part Institutes, fol. 294. b. and 3 part, chapt. Conspiracy, is very remarkable: fol. 143. & ch. Perjury, fol. 163, 164, 165, 166. and 4 part, fol. 66.

*

Which I am sure the House of Commons are not in the least.

See my Book, called, The Peoples prerogative, p. 40, 41, 72, 73. and my Book, called, The Laws Funerall, pag. 15, 16.

And my second Edition of my Picture of the Councel of State, pag. 7, 8.

And my Book of the 8 June, 1649. entituled, The Legall Fundamentall Liberties of the People of England revived, pag. 16. 17. And Mr Wildmans Truths Triumph, pag. 2. 17, 18. And the Laws subversion, or Sir John Maynards case stated, pag. 33, 34, 35, 36. The plea or Protestation of Lionel Hurbin, in behalf of the late four imprisoned Aldermen, pag. 10, 11, 14, 17, 18. and the Aldermens Petition of the 23 April, 1648.

*

Which at the last end hereof, is printed at large.

*

Yea, and I am confident in a moneths longer time, if Cromwell and his agents in the House had not hindred us, as they did, we had got above a hundred thousand hands to it; the promoting and prosecuting of which, would in all likelyhood have hindred the Wars that followed, the innocent bloud shed therein, lying principally upon Cromwels score for his constant hindering the setling the liberties of the Nation, and prosecuting to death and bonds, the prosecutors thereof, which bread divisions, and they the Wars.

*

1 part, Book, Decl. pag. 259, 260, 508, 509, 576, 722, 914.

‖

1 part, Book, Decl. pag. 580, 584, 587, 617, 639, 690.

†

1 part, pag. 199, 304.

*

1 part, Book, Decl. pag. 205, 206, 208, 268, 269, 270, 705, 706, 707, 708, 710, 713, 714.

*

See 1 part Book Decl. pag. 289, 364, 365, 398, 522, 526, 528, 548, 557.

†

And if these very things should now be judged treason, as they are and were in the Earl of Strafford, I wonder what should becom of all our present Junto at Westminster, and their new thing, called, A Councel of State; undoubtedly the most (if not all) of them, must go to Tyburn, or Tower-hill, there by an halter or axe to receive their just deserts, Amen.

†

As you may clearly read in the Armies Book of Declarations, page 8. 17. 23r. 25, 26. 32. 33. 35. 37. 39. 40. 41. 45, 46. 52. 58. 61, 62. 76. 97. 101. 105. 110. 112. 118, 119. 132. 137. 142. 144. 150.

*

For so saith Mr John Wildman in his Truths Triumph, 7. 8. and he was conversant then at the Head-quarters, and knew almost all secrets, See also his Putney projects.

†

Which Major Huntington confesseth and averreth, in the 6th and 7th pages of his printed reasons for laying downe his Commission, which by way of impeachment against Cromwell and Ireton, he delivered into both Houses of Parliament, August 2. 1648. which because of the pertinency of it, to prove the most of my charge against him, and because it comes from one that then lay at his very heart, and was his choice agent and instrument, in most of his underhand negotiations with the King, then the joy of his heart and the delight of his eyes; I shall incert it verbatim at the last end hereof, and intreat the judicious Reader to peruse it seriously, as as true a piece I believe, as ever was Printed in England, and so I often declared it to be in my thoughts, to diverse of Cromwels owne friends when it was first delivered to both Houses; though I could not joyne with Huntington at that time in the prosecution of it, for Duke Hamiltons hostile invasions sake, though I was often solicited to it by great ones, and I believe then in my lownesse might have had money enough to have done it; but I abhorred it, as Mr Cornelius Holland with other present Parliament-men, very well knowes, and also my reasons therefore.

‖

The Anatomy of which, by Mr. John Wildman, you may fully read in Putney’s Projects. pag.

*

Which Major Huntington in his foresaid charge, avers to be a truth, pag. 7. he himselfe being the King’s messenger to Ireton with it, which he delivered to him at Colebrook, who received it with joy, and returned by him to the King this answer; that they should be the veriest knaves that ever lived, if in every thing they should not make good whatever they had promised to the King, because the King in not declaring against them, had given them great advantage against their present adversaries, which was the Parliament then sitting at Westminster.

†

The man is Mr. Hunt, by name, now this present July, 1649. living in Mr Hollands lodgings at Whitehall, and as great a creature of Lieut: Gen: Cromwels now, as ever he was in his life; and now as intimate and familiar with him, as ever.

*

Then at the Sarazens head in Friday street, with Mr John Wildman, my then bosom Friend, and zealous and bold asserter of Englands freedoms: though now he hath not only lost all his seal, but I am afraid, his honesty, and his principles, and is closed with familiarity and design with Cromwel, although no man in England knows his knavery better then he.

*

Which I have undeniably proved, in my late Book, of the 8 June, 1649. pag. 34, 35, 36, 37, 38. to be their only design in all their courting of us in the day of their distresse, and that there is no more truth in the promises, and engagements they then made, then in the Devils; who I will never hereafter believe, in whatsoever they say, or swear.

†

Which is fully witnessed for a truth, by Major Huntington (Cromwels quondam darling) in the 11 page of his foresaid charge; where he declares Cromwels great rejoycing after his first breaking of the Parliament, and getting the remaining part to own the Army, and settle pay upon them: Now, saith Cromwel, we may, for ought I know, be an Army so long as we live; and that he was as able to govern the Kingdom, as either Stapleton, or Hollis, &c. which he declares to be the principall thing, in all his contests with the Parliament, he sought after.

*

The Statute of 8 Eliz. Chap. 6.

(a)

Ezek. 24. 6. 8. 9. 10. Amos 5. 9, 10, 11, 12. Mic. 2. 2, 3. & 3. 3. 4, 9, 10, 11, 12. Nahum 3 1. 2. 19. Hab. 1. 3. 4, 6. & 2. 8. 11, 12. 17. Joe 3. 6, 7. 8.

(b)

by Shipmony, Loanemony, Coat & conduct mony, Patents Monopolies, &c.

(c)

See the Remonstrance of the State of the Kingdom Decem 1641. p. 5, 6, 7, 8, 9, 10, 11, 14, 15.

(d)

See the Kings Answer to the Petition of Right, and also the Parlia. Remon. of May 19. 1642. 1 part Book Dec. pag. 254. 284, 285. See the Kings Answer to the Par. Dec. of May 26. 1642. p. 298.

(e)

See the Ord. for Militia. 1641. 1 Book Dec. p. 89. 105. 106. 114, 126. 175, 176. 182. 243. 283, 292.

(f)

See the Par. Votes May 20. 1642. 1 part Book Dec. 259 See also p. 465. 509. 576. 580. 584. 617, 618.

(g)

See the Kings Deccla. of the 12 of Aug. 1642. 1 part Book Dec. p. 522. 526. 528. 548. & p. 617. 726, 728.

(h)

See 1 part book Dec. p. 44, 150. 182. 426. 637. 690.

(h)

See Col. Nath. Fienne’s his Speech against the Bishops Canons, made in 1640, in a book called Speeches and Passages of Parl. from 3. Novemb. 1640. to June 1641. p. 50. 51. 52.

(i)

See your Remonstance of the State of the Kingdom, book Dec. p. 6. 8. 15. See also the act made this Parliament, that abolished the Star-chamber and High-Commission.

(k)

See the statute of Westminst 1. made 3. Ed. 1. chap. 26. & 20. Ed. 3. 1. and the Judges Oath made in the 18. of Ed. 3. Ann. 1334. recorded in Pultons collections of Statutes, fol. 144.

(l)

See the 29. c. of Mag. Charta, & Sir Ed. Cooks Exposition upon it in his 2 part Instit. f. 46. to 57. and the Petit. of Right.

(m)

See the Petition of Right made in the 3 of the King, and Sir Edward Cooks 2 part Institutes. f. 52. 53. 315. 589. 590. 591. 615. 616. and 661.

(n)

See Psa. 15. 4. Exod. 5. 3. Deu. 23. 21. 22. 2 Sam. 21. 5, 6. Eccl. 5. 4, 5.

(o)

See Rom. 4. 15.

(p)

See 36. E. 3. 15. & 1 Cor. 14. 7, 8, 11, 16, 19, 23. See also the English Chronicles, in the Reign of Wil. conqueror.

(q)

See Exo. 24. 7. & 31. 18. & chap. 34. & Deut. 30. 12, 13, 14. & 5. 1, 5, 24, 27, 31. and 6. 1, 6, 7, 8. and 9. 10. and 11. 18, 19. 20. and 27. 8.

(r)

See Sir Edward Cook in his 1 part. Inst. l. 3. c. 13. Sect. 701. fol. 368. Where he positively declares it was the native and ancient rights of all Englishmen, both by the Statutes and common Law of England, to pay no Fees at all to any administrators of Justice whatsoever. See also 2 part Inst. f. 74, 176, 209, 210, and 176. And he there gives this reason why Judges should take no Fees of any man for doing his Office, because he should be free and at liberty to doe justice, and not to be fettred with golden Fees, as fetters to the subversion or suppression of truth and Justice.

(s)

See the Articles of high Treason in our Chronicles against. Judg Tresilian, in Richard the seconds time; and the judgment of Justice Thorpe for taking money in Edward the Thirds time, 3 part Cooks Instit. fol. 145, 146, 147: 163: 164: 165.

t)

See 1 part Book Dec. p. 9.

(u)

See Sir Ed. Cook 1 part Instit. l. 3. c. 7. sect. 438. fol. 260. a. who expresly saith, Imprisonment must be a safe custody, not a punishment; and that a prison ought to be for keeping men safe, not to punish them. See also 2 part Institut. f. 43. 315. 589. 590. 591. & 3. part fol. [Editor: illegible] 35. & 4 part 168.

(w)

See the Statute of the 4 E. 3, 2. 12 R. 2. 10.

(x)

See 1 part Book Declar. page 14.

(y)

See the Armies last Representation to the House.

(z)

28 Edw. 1. Chap. 8. & 13. See 2 part. instit. fol. 174, 175, 558, 559. where Sir Ed. Cook positively declares that in ancient times by the common Law of England, the Coroner, the high Sheriff, Justices of peace, Verderors of Forests; yea, and in times of Warre, the Leaders of the Counties souldiers, were chosen in full Counties by the Freeholders.

(aa)

It hath been a Maxime amongst the wise Legislaters, that whosoever means to settle good Laws. must proceed in them with a sinister, or evill opinion of all mankinde, and suppose that whosoever is not wicked, it is for want of opportunity; and that no State can be wisely confident of any publick Minister continuing good, longer then the Rod is over him. It is the opportunity of being ill that must be taken away, if ever we mean to be happy; which can never be done but by frequency of change: Speeches and Passages, pag. 17.

(bb)

See your Declaration of the 19 of May, 16. 12. 1 book Declarat. pag. 207. And your Declaration of Novemb. 1642. pag. 690. 726. 728. as also pag. 150. See the Armies book of Declarat. p. 39. 40.

(cc)

Psal. 82, 1, 2, 3, 4.

[a]

And I John Lilburn have heard from very good hands [I will not now say, from the Cornets own month] that it was delivered to him in Cromwels own Garden in Drury-lane, Colonel Charles Fleetwood being by.

[b]

And yet see the Generals Letter from Cambridge of 6 June 1647, of the Kings providential or accidentall coming to them without the privity of him, or any of his Officers, Armies book of Declarat. p. 22.

[c]

Sir Edw. Ford a professed Papist, and one that had broken prison out of the Tower of London, was at that time Iretons constant bed-fellow, at whose lodging constant royall Cabals was held; and yet at the same time Ireton, &c. impeached Hollis and Stapleton for high Treason, for private correspondence with the King. Armies Book of Declar. pag. 81, 82, 83.

[d]

Yet read Iretons &c. Remonstrance from St. Albans, and you shall finde the quite contrary; yea, and that the things here they plead for, they there condemn as the highest Treason; as evidently there appears, pag. 15, 16. 17: 22, 23, 24: 32: 48: 50: 62.

(e)

Who, I am sure daubed & jugled not as the others did, but spoke his mind freely; for in the tower he give me I. Lilburun a full account of that businesse, yea and sufficiently then told Sir I. Maynard, Commissary Coply &c. of Iretons, &c. Base jugling and underhand dealing, daubing, and dissembling with the King.

(f)

See Putneys projects and the 2 part of Englands new Chains discovered, pag. 6.

*

The designe of which letter was twofold:

1. Under pretence of reall good to the King, whom they now desired to be rid of, as having made all the use of him they could (being the Scots had bid more for him then they would give) to get him into a new snare: which in my judgment they plainly confesse in their late Remonstrance of 16 Nov. 1649. pag. 53. The second was, To destroy the new nick-named Levellers for a generation of bloody men, that sought to murder the King, who stood also in the way of their intended tyrannicall Reign; which was a main invention of Cromwels own brain, with the base assistance of my Brother Henry Lilburn, as I long since truly declared in two of my Books, viz. The Peoples Prerogative, pag. 52. And A Plea for an Habeas Corpus, pag. 12. See also The second part of Englands Chains, pag. 6.

*

See their notable reasons and height of expressed zeal for frequent and successive Parliaments, in their book of Decl. pag. 41. 42. 43. 44. 129. 142. and in the first of their Proposals dated August 1. 1647. they fix upon the certain period of a yeer for ending this Parliament: yea, and in their last Declaration from St. Albans, in pag. 45. 46. complain most bitterly against a perpetuall Parliament, and the ill constitution of this by Burrough-towns, &c. yea also in pag. 65. ibidem propose and earnestly presse again for fixing a certain period to the dissolution of this; and also in pag. 15. 52. 66. 67. propose many excellent things for the future constitution of sure and often successive Parliaments: See my inferences upon all their &c. premisses upon this subject in my last book of the 8 of June 1649. from p. 43. to p. 59. Yea, and in their first article accuse the King of treason & tyranny in not keeping of frequent & successive Parliaments. See also his case stated, p. 7, 11, 14, 17, 18, 20. See Bradshaws Speech against him at his tryal, Jan. 27. 1648. p. 11.

*

Nay, I Iohn Lilburn am confident, from the whole series of his actions, to prove, that he holds it lawful for a man to commit any manner of wickednesse and basenesse whatsoever that can be named under the sun for the accomplishment of a mans proposed end, whether in it self it be wicked or righteous; yea to cheat, break faith with, and murder the nighest Relations a man can converse with; yea, and for that and onely, to raise Wars upon Wars, to the devastation of Kingdoms and Nations; the peoples lives really and truly being of no more value with him, then so many dead dogs, serving him for no other end, but to be his footsteps to climb up to the top of his Authority, or Elective Knighthood.

*

Then his induction is better then theirs, that come in by absolute conquest, and now govern us by the sword, as slaves.

†

But H. Peters saith there is now no Law, but the sword and the wil and pleasure of those that now rule by it. See his discourse with mee, 25. May, 1649. p. 4. 5.

‖

Cromwels, and the rest of the great Swordmens constant practice.

*

And so, hath Cromwel and Ireton, &c. which I will prove upon my life; and therefore as traitors, ought to dy much more then the King, who till now hath by Parliaments, &c. themselves been often declared not to be subject to the penall part of the Law.

*

Of which years war Cromwel & Ireton by their cheating, jugling & hindering the selling the liberties of the Nation, are & were more guilty of by thousands of degres then the King or any of his party, and if they had been but honest to their primitive engagements, the wars had never been, upon whose heads alone principally all the blood shed in those wars lyes, say I, Iohn Lilburn.

(*)

But I am sure the chief prosecuters of this charge have made us now perfect slaves, and are most superlatively guilty of all that in the next words followeth.

*

mark this well.

*

Which as they carry their businesse, they judge to be no more but Cromwel, Ireton, Bradshaw & Haslerig, all the rest being really their slaves in several degrees.

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