HAving lately taken upon my self that boldnesse to speak with you, as you are one of the publique Judges of the Kingdome, about an honest poor man that was unjustly and without any legall authority cast into prison, and finding a very courteous, faire and rationall carriage from your Ho­nour towards me at that time, imboldeneth me the more at this time (being extraordinarily necessitated thereunto) to write a Letter to you in my own be­halfe. I being upon the fourteenth of April last arrested at Westminster, upon an acti­on of Trespasse, by the Bayliffes thereof, at the suit of an unjust and troublesome man, commonly called Colonell Edward King; and the Bayliffes pretended it was for so many thousand pounds (although I am confident that I never was six pence in his debt in my life) that they must have extraordinary Baile for my appearance.

So that I was forced to give them two house-keepers in Westminster, and one stran­ger, or else in their mercilesse hands I must remaine, although I was very hard follow­ing of my businesse to perfection with the Parliament, which hath stucke there almost six yeares, to my extraordinary cost, charge, and losse of time, and although I am con­fident that it is as just a cause as any is in the world, and hath so been adjudged by both Houses of Parliament, as in this inclosed printed relation you may reade.

[Page 2]I must ingenuously confesse that it did somewhat trouble me to be arrested in that manner, having never before in my life bin arested to my remembrance, and I was the more troubled in regard that my Ordnance for my reparation, which lastly passed in the Lords House, was depending in the House of Commons, I was affraid that it might there stick, if I were diverted from following it, and I did not know but this arest might do it.

And being in a longing expectation for the Terme, to see my Antagon [...]sts Declara­tion, I found in it that it is an Action of Trespasse for 2000l pretending that I said in October last, that Col. King was a Traytor, and I would prove him one, and for taking away his good name which I scarce believe he ever had in his life, and conside­ring with my selfe what to do, I was resolved to make a Plea at the Barr of the Common Pleas (where you are the eldest, and chiefest Judge, that Col. King and I, being both Soldiers, were in that condition to be governed by the Lawes Martiall which were published with the Stamp of Parliamentary Authority by the Generals thereof: And he having committed many grievous crimes against the Letter and true meaning of them, I complained to the Earle of Manchester thereof, being both his Generall and mine; and at the same time, divers Gentlemen of the Committee of Lincoln, as Mr. Archer &c. having Artickles of a very high nature against him, pressed my Lord to a tryall of him at a Councell of Warre, and at the very same time, the Major, Aldermen and Towne Cleark of Boston, came to Lincoln to my Lord, with Artickles of a superlative nature against King their Governour, but could not get my Lord to let us injoy Justice at a Councell of Warre, according to all our expectations, and as of right we ought to have had, which at present saved his head upon his shoulders.

Yet notwithstanding others endeavoured to try whether justice could be had against him in the Parliament, and for that end, in August 1644 Mr. Mussenden, Mr. Wolley and divers others of the Committee of Lincoln did exhibit Artickle of a very high na­ture to the House of Commons against him, and to speake their own words in their 4th Artickle, they say.

That when he was last before Newarke, h [...] sent for a Captaine who kept Crowland, who obeyed his command, yet sent word to him of the danger that that Towne was in, and th [...]re­fore desired his second pleasure, which was that he should march, who accordingly did, the Gentlemen of the Country, scaring the enemy, procured Major Ireton to send 100. Mus­quetiers to keepe Crowland, which he hearing of, tooke ill, That any without order from him should come into his▪ liberties, and commanded them to be gone, who accordingly depart­ed, the Enemy presently surprized the Town, and those few that he had left in it, by which meanes he betrayed the Town unto the Enemy, which was not regained without much charge hazard, and losse of many mens lives.

And in the 12th. Artickle, they plainly accuse him for betraying the Parliaments Garrison of Grantham, these Artickles with the rest, having there hung ever since without a finall determination, King knowing that I was a main witnes against him, in divers of the things laid to his charge, and bearing a malignant and inveterate mallice against me, for opposing him in his unjust and unwarrantable actions, (while I was his Major, and for discovering of them, and often complayning of him to the Earle of Manchester and Lievt. Gen. Crumwell &c.) to be revenged of me, did upon the 19th. day of July 1645, plot, contrive, and by lying and falce suggestions to some mem­bers of the House of Commons, caused me to be committed as a prisoner, and as a priso­ner, by vertue of that his unjust procurement, I lay till the 14th. of October 1645. to [Page 3] my extraordinary charge and dammage, yea, and to the hazard of my life, as I could easily, truly, and undenyably demonstrate.

And yet neither he nor any man for him ever prosecuted any charge against me, for although I lay so long, yet was I delivered before ever I knew truly and legally where­fore I was imprisoned, as appeares by the following Coppy of my releasement.

And that King was the instrumentall cause of my imprisonment, appeares clearly to me, by what I find recorded by his good friend and my grand enemy Mr. Prinne, in the latter end of the 6th. Page of his booke intituled the Lyer confounded, and by what J find recorded under Kings hand in the 8th. page of his co-partner, Doctor Bustwicke Booke, written against selfe, for although Doctor Bastwick be now my bitter Ene­my, and his hand be with Kings to the Information which Doctor Bastwick here saith was put into the House of Commons against me: yet I am apt to thinke that King was the Ringleader in it, because at that time there was no visible nor professed breach of friendship betwixt Doctor Bastwick and my selfe.

Vpon which provocation by King, it might be, and I do believe it to be true, that J might be free in my discourse at severall times of King, and the forementioned charge [...]f Treason given into the House of Commons against him, and J am very confident it will be made good by sufficient proofes and witnesses, according to the rules of Warre, when it there comes to a tryall, but do not own the words specified by him in every particular.

Therefore J conceive it unjust, irrationall, and Anti-Parliamentary, for an inferi­our and subordinate Court, as the Court of Common Pleas is, to medle with this busi­nesse, it being now dependent in Parliament, the supream Court, and unjudged there as yet, although the prosecutors aree rady at their utmost perill to prove their charge against him.

Therefore my Lord, in my apprehension, Kings former mallice manifested about my commitment, and his present bringing me before you, are meer evasions and tricks to terrify me and all others from prosecuting him in Parliament, and also (under favour) your medling with it in your Court, it being still depending in Parliament, and not by them referred to you, is an incroachment upon their Priviledges, and J am the ra­ther confirmed in this opinion, when I seriously read over Mr. Prinnes Booke, cal'd the doom of cowardice and trenchery, he being Colonell Kings very good friend and councellor, and therefore his words in this case are of the more weight and authority Titus 1.12. being a professed adversary to me, who citing the Rolles of Parliament of [Page 4] the 1. R. 2. num. 38, 39, 40. which containes the case of Gomery and Weston, hath these observations and inferences from them, in the 7th. page thereof.

That it is to be remembred, that Ieffery Martin Clearke of the Crown made this ve­ry Record, and delivered it thus written in this present Roll, with his own hand, therefore saith he, from this memorable Record, I shall onely observe these few parti­culars.

1. That the Surrender of Townes, or Castles to the Enemy, through Cowardice or Treachery, is properly examinable and tryable onely in Parliament.

Jt being a detryment to the whole Kingdome, and so fit to be determined by the representative Body of the Kingdome.

2. That the Cowardly delivering up of any Town or Castle by the Governour thereof, to the Enemy, is a Capitall Offence, deserveth death, and likewise the losse of it through his negligence or default.

3. That every Governour, who takes upon him the custody of any Fort or Town, is obliged in point of Trust, and duty, under Pain of DEATH to defend it to the utmost extremity.

4. That the concurrent consent of a Councell of Warre or Souldiers, to render up a Town to the Enemy before utmost extremity, for the saving of the Houses, Lives and Goods of the Soldiers or Inhabitants, is no excuse at all to justify or extenuate such a Governours dishonourable Surrender and offence.

5. That those who are accused of such an unworthy Surrender of any Town or Castle ought to be apprehended and kept in safe custody, till their Tryalls be past, and not suf­fered to go at large.

6. That a Governour giving timely notice of the Enemies apporach, of the weakenesse of the Garrison, his s [...]ing for timely ayd, and repulsing of the Enemy for a season, will no wayes excuse his surrender of a Town or Castle, unlesse he hold it out to the utmost ex­tremity, or Surrender it by the consent of those, who entrusted him with the Custody thereof.

7. That the violent Battery of the Walles, or drayning of the Dykes of any Castle or Citie, or any breach made in them by the Enemy (though extraordinary powerfull) are no sufficient causes or excuses for any Governour to Surrender them upon composition to the Enemy, while there is sufficient victuals, men, or ammunition to defend them; And that they must in no wise be surrendred, without consent of those who put in the Govirnour till the greatest part of the Souldiers be slain, the victuals or ammutioun quite spent, and all hopes of reliefe dispayred of utterly upon good grounds.

Which is cleare by the Case of Weston, who made a better defence of the Castle of Outbrewick with 38. men onely, against more then 8000. Enemyes, (who besieged, assaulted, battered it for 6. dayes together, with nine great Cannons and other Engines, and pleaded farre more in his defence of his surrender of it, then many now can do, for surrendring of Townes and Castles of far greater importance, then this Castle was, and yet for all this Weston in full Parliament, was adjudged to death for it.

Thus far the words of an adversary to me, and Kings especiall friend and councel­lor, and therefore of the more weight and authority. Titus 1.12, 13.

Therefore my Lord, laying all these things together, as 1. Col. King and J being both Soldiers under one Generall, namely the Earl of Manchester, who was authorized by Parliament to govern his Army by Martiall Law, which Law was plainly printed by the same authority, and openly published to the view of every Commander, Officer & [Page 5] Souldier; for transgressing against which Artickles, many in a martiall way have lost their lives, and no other visible Rule that J knew off, was to be the Rule and Judge of our actions, or offences, but that Law, unto the power and authority of which, both Col. King and my selfe did voluntarily stoop, and therefore (as I humbly con­ceive) wee are not to be tryed by the Rules of the Common Law, (which I thinke no man in the world fully and truly knowes) for our actions committed in our souldier condition, which is the true cause betwixt him and me. 2. I did my duty according to the trust reposed in me, By the State Legall & representative, and by my Generall from whom I had my Commission, and according to the private commands of Lievtenant Generall Crumwel, which was to be faithfull in my place, and to complain, either of Col. King, or whomsoever I groundedly knew, did any actions that tended to the ruine of Salus Poppuli, The safety of the People, or the State universall, and he promised me upon his Honour and Reputation, that he would doe the best he could to have justice done, which is the very life of all societies or Common Wealths, and that without which, the People cannot be happy or safe; yea, & he gave me the reason, wherefore he so earnestly tyed me to it, which was because our Generall with his Army was to march out of Lincoln Shire, and that Country being lately wonne out of the hands of the Cavaliers, there being very few of that Country at that time that desired Command under the Generall, (saith he) wee are necessitated to make use of Col. King, and to make him governour of Boston and Holland, upon whom he lookt then as an active po­pular man, who promised to do mighty things for the good of that Country, and the Publique.

But in regard divers of the chiefe men of Boston do mislike him, I have therefore (saith be) in his behalfe engaged my selfe to them for him, that he shall be faithfull, just and honest towards them, and therefore in regard I have no large experience of the man, and of his temper, I principally looke upon thee Lilbourne, and thy Liev­tenant Colonel, whose faithfulnesse. I can rest upon, & for both of whom I have used my interest, to place on purpose with him, that so if he should breake out to the disho­nour of my ingagement, and the detriment of the publique, I may from time to time be sure to know of it, that so it may be prevented before it be past remedy.

But King being puffed up with his Command, tooke upon him an absolute regall tyranicall authority over all his Officers, but especially those that were betrusted in Commission aswell as himselfe, and to do his chiefe actions by the rule of his own will, without their privity or advice, which tended to the ruine of all that were under him, and consequently of that whole country, he having treacherously lost Crowland, and Boston put in extream danger, by his absolute wilfulnesse, if not treachery, the ma­king known whereof, with his cariages at Newarke Siedge &c. cost me in sending posts to the Earle of Manchester, and Lievtenant Generall Crumwell, then, in or about Cam [...]bridge, I am very confident 20. or 30. l. which so madded him, that he impriso­ned Major Rogers for daring to go and complain against him, I being in those straights in regard of the charge I had taken upon me, that I durst not stir my selfe, till all was cleare, without feare or danger of an enemy, he having already by the Law of his own will, cashiered his Lievtenant Colonell, without ground or cause, and endeavoured the apparent destruction of Capt Camebridge, and all the honest, zealous, and con­scientious men, under his command, which to me was an ill Omen of his intentions.

Therefore I say, so soon as I durst leave my charge, I posted away to Bedford, where I found my Generall, and Lievetenant Generall Crumwell, and tould them both fully [Page 6] of Kings cariage, and that he commanded his forces to march forward and backward, where, and when he pleased, without the advice, aprobation and consent of his Field Officers &c. who were to ingage their lives a thousand times more then himselfe, in managing the designes he set them about, and that the Committee of Lincolnshire had paid him diverse thousands of pounds to pay his Officers and Souldiers at Newarke Siedge, but J could not heare that he paid one penny to any Officer there, and for my own part J am sure J could not get a penny from him, although J am confident J tooke as much paines both night and day, and hazarded my person as freely, and as often as any Major at that Leaguer did

So likewise, although the Country sent in great store of provision for his Regiment gratis, yet he and his under Sutlers, made both my selfe and other of his Officers and Souldiers, pay ready money for a great part of it, to their extraordinary discontent, provoking them thereby to mutiny. And so full was he of arrogancy pride and conten­tion (contesting with all, or most of the chiefe Commanders there) that Sir Iohn Mel­drum told me, that he [...]indled such a fire of contention amongst them that he durst scarce call a Councell of Warre to consult how to manage their busines, for fear King should set them all together by the earres, and so dest [...]oy the busines, being there conti­nually in contestation with my Lord Willoughby, Col. Ross [...]ter, Sir Myles Hubbard, Sir Iohn Pagraffe and divers of the Lincoln Committee &c. which did so trouble and distract the old Knight Sir Iohn Meldrum, our commander in chiefe, that he knew not well what to do, when Rupert came upon us, by reason of our own distractions a­among our selves.

And I dare confidently averre it upon my conscience, that hee (namely King) was one of the greatest instruments of our overthrow and ruine, and therefore if Thomas Earle of Lancaster, (as Mr. Prinne in the 2. page of the foresaid booke recordeth) was proclaimed a Traytor, by the whole Army in the 12. yeare of King Edward the se­cond; for departing in discontent from the Army, at the siege of Barwick, by meanes whereof it was not taken, and the siege raised; then I desire to know what Colonell King deserveth, that at the siege of Newark carried himselfe so, that hee did raise dis­contents, and little better then mutinies, by meanes whereof the siege was not only raised, but the whole Army in a manner destroyed, to the extraordinary danger of the whole Kingdome.

I also told my Lord that after the articles of agreement was concluded, Colonell King commanded, (and in a manner forced me) contrary to the Agreement, to march away his Regiment in a hostill manner, with their armes, &c. by meanes of which we were set upon by their horse, and forcibly disarmed, which did also occasion the plun­dering of us, as violaters of our Covenant and contract; to the disparagement of the whole army, yea, and the Parliament it selfe, and to the extreme hazard and danger of abundance of our lives; yet King was so honest, and valiant, that as soone as he saw the storme fall upon us, he fairely left us, and shifted for himselfe, without being plun­dered as we were, at which bout I lost well nigh 100 l, being plundered from the crowne of my head to the sole of my foot.

I further told him, that the Towne of Boston had been in extreame danger, for af­ter Lincolne was discerted, and Ruperts forces possessed of it, and daily newes brought into Boston, that Rupert would assault it on both sides the river; I moved Colonell King, that seeing the armes of his owne Regiment &c. was lost, and he in no possibi­ltiy to defend the Towne of himselfe at the present, that therefore (the Towne being [Page 7] of that consequence, that if it should be lost, the Enemy might presently make it, the absolutest strong Towne in England for themselves) that he would forthwith send to Colonell Walton, then Governour of Linne, to intreat him to lend him at his great need and strait 4. or 500 men, to defend the Towne, till such time that he could get his owne Regiment againe together, which he absolutely refused, and told me plainly that he would never send for another to command and affront him in his owne Juris­diction, which the Linne men would do, (he said) if they come, at which, I being ex­ceedingly troubled, that he should preferre his owne domination before the preserva­tion of so considerable a Towne and Garrison, it made mee beleeve hee intended to betray it.

Whereupon I went to Mr. Major, then as I remember, at Alderman Tilsons, and told them both, with some others, that their Towne was in extraordinary danger to be lost, and they all undone, if they did not looke about them presently, and told them all the discourse I had had with their unjust oppressing Governor, and told them I conceived all was not right, and therefore I judged my self bound in duty and con­science both before God and man, to tell them what I apprehended of things, and how neare their danger and ruine was at hand, and if they would not helpe to save themselves according to the law of Nature, their ruine be upon themselves; they desi­ring of me to let them know, what I would advise them to, I told them my advise was, for as many of them to go with me to Colonell King once againe, as they thought fit, and let us joyntly presse him to send to Linne for men, and if he would not do it, that then we might do it without him.

Vpon which, we went, and at first found him obstinate till (as I remember) Al­derman Tilson tould him that if he would not joyne with them, they would write to the Governour without him) upon which he was drawn to subscribe, but my Lord of Man­chester and the Governour of Lyne, or some others in authority; being mindfull of us in our straits, had ordered Col. Waltons Major, Major Franckling, a stout and gallant man, with about 400. men, to come by Sea to us, & as I remember, his orders were, that he should secure Boston; upon the arivall of whom, Col. King immediately commanded them out of the Town, to go and besiedge Crowland, which a litle before by treachery or his own absolute wilfull negligence, he had given up unto the declared Traytors, and professed enemies of the State and Kingdome.

Of which as soone as I fully understood, I went to Major Frankling, and desired to see his order by vertue of which he came to Boston, and told him how things stood with us, and in what temper I conceived my Colonel to be, and therefore entreated him to be sensible of the trust reposed in him, and of his own Honour, and reputation, pro­fessing unto him, that if he at the command of Col King, marched away with all his men, considering his orders, and the condition which the Town was in, I should look upon it as a meer design betiwxt him and Col King to betray the Town indeed, telling him how weak and unfortified the Towne was, in a manner all round about, being in divers places easy for a man with a Pike staffe to leap over it, and therefore there was no way in the eye of reason to preserve it, seing the Enemies intention (as wee heard) was to fall upon it, unlesse his men stayed in it, or at least the major part of them.

Whereupon he went to Col. King, and (as I remember) in Alderman Tilsons Hall, debated with him his positive command, and with much adoe prevailed that him­selfe and a great part of his Souldiers should stay to defend the Town, and my selfe be­ing left by Col. King, with the consent of the Major and Aldermen, to take care of the [Page 8] towne, I went to Major Frankling, and desired him to go with me to Colonell King, to know what Amunition he had in his Magazine, who assured us upon his reputati­on, that he had a hundred barrels of powder, and all things fitting besides, and there­fore bid us take no care for Ammunition and, being very busie in sending away men, guns, &c. to the intended leaguer of Crowland.

I did not go to the Magazine, to see whether be had told us truth or no, he having taken a quantity of powder with him, and an other sent him, he sends his war­rant to the Magazine Keeper, for ten barrels more, not signifying one word of his mind to me, who was then betrusted with the Towne, upon the reciet of which old Mr. Coney the Magazine keeper, came and told me that he had received an order from the Colonell, to send him ten barrels of powder, and saith he what shall I doe, for there is but ten barrels in all in the Magazine:

At the hearing of which I stood amazed, and tould him it could not be possible, for (said I) such a day I went to the Colonell with Major Frankling, and he did assure us that he had 100. barrels in store, but Mr. Coney assured me, that there was not one more then 10, the which if wee send to him, there is none to keep their guards (saith he) I asked him if there were not a private store-house for powder, and he told me none at all, then we began to reckon how many barrels were gone out, since he as­sured Major Frankling and my selfe that he had 100 in store, and all that both the Magazine Keeper, and my selfe could reckon, with those 10 in his hands, and all he had since that day delivered out, was (as I remember) 24 or 26:

Whereupon I went to Alderman Tilsons, and asked him whether the Major, him­selfe, and the rest of his Brethren, had not a private Magazine, and he told me no, but asked me wherefore I demanded such a question of him, whereupon I tould him all the story, [...]t which he stood amazed, and from him I went to Colonell Kings wife, and desired to know of her, whether shee knew of any private Magazine of powder that her husband had, and shee told me no.

Then I told her all the businesse, and said to her, that I wondred her Husband should assure Major Frankling and my selfe, that he had 100 barreles of powder, when he had but 28, and that he should send for all that he had left, out of the Ga­rison, assuring her that if the ten barrels he had sent for, should be sent him, we should not have one left in the Magazine to defend the Towne with, being then in expectation of the Enemy to Assault us, I told her for my part I could not pick out the English of it.

And I being by the Generall sent post to London to the Committee of both King­doms, about his marching to take Lincolne againe, and from thence to march to York, to joyne with the Scots, I in the third place ceased not to put that (which lay upon me as a duty) forwards, as soone as an opportunity served, and renewed my complaint against him at Lincolne, and desired it might receive a faire hearing before the Ge­nerall and a Counsell of Warre, and that justice might be done according to the rules of Warre, and Mr. Archer and others of the Committee of Lincolne, drew up a very hainous charge against King, and laboured hard for a triall, and in the third place the Major, Aldermen, and towne Clerke, of Boston, came to Lincolne with their Arti­cles against him, which were home enough, and to my knowledge pressed Leu. Gen. Crumwell, to use all his interest in my Lord, that they might be admitted to make them good, before him, and a Counsell of warre, but we could not all prevaile, the reason of which I am not able to render, vnlesse it were that his two Chaplains Lee, [Page 9] and Garter, prevailed with the Earles two Chaplains, Mr. Ash and Good, to cast a cleargy mist, over their Lords eyes, that he should not be able to see any deformity in Colonell King, but this I dare confidently say, if there we had, had but faire play, and justice impartially, King had as surely dyed, as ever malifactor in England did, and to use the words once againe of his owne bosome friend, and Counseller, ‘Mr. Prinne, in page the 6 of the fore cited book, if the late Baron of Graystock, who was a Lord, and one of the Peares of the Realme, and had taken upon him safely to keep to the a foresaid Grandfather (King of England) the towne of Berwick: The said Barron perceiving afterward, that the said Grandfather, addressed himselfe to ride into France, the said Barron (without command of the said Granfather) committed the said towne of Barwick to a valiant Esquire Robert Deogle, as Leiu. to the said Bar­ron, for to keep safe the towne of Barwick to the said Grandfather, and the said Barron went as an horse-man to the said parts of France, to the said Grandfather, and there remained in his company. During which time an assault of warre, was made upon the said Towne of Barwick, by the said Scots, and the said Robert as Leiu. to the said Barron, valiantly defended the same, and at last by such forceable assaultes, the said Towne was taken upon the said Robert, and two of the sonnes of the said Robert there slaine in the defence of the same, notwithstanding that the said Barron himselfe, had taken upon him the safeguard of the said Towne, to the said Grandfather, and depart [...]d himselfe without command of the said Grandfather, and the said towne of Barwick lost, in the absence of the Barron, he being in the company of the said Grandfather, in the parts of France, as aforesaid, It was adjudg­ed in Parliament, before his Peares, that the said Towne was lost, in default of the said Barron, and for this cause he had judgment of life, and member, and that he should forfeit all that he had.’ I say if this Lord, deserved to dye who left a Deputy so manfully to defend the Towne, and also was himselfe with the King in the ser­vice, much more King, meerly in reference to Crowland singly, who being Gover­ner thereof, and having placed Captaine Cony therein as his Deputy, with a company of men, sent for him in a bravado humour to Newwarke, when he had no urgent ne­cessity for him, unlesse it were that the world might see the bravery of his Regiment, w^th by his agumentation amounted to about 1400, when Cap. Cony certified him, that the Towne being generally Malignant &c would be in great danger by the Beverkers of being lost if he should come away, yet notwithstanding King sent to him againe, and did command him away, and put in a guard of slander and unsafe men, which presaged alosse of it to the Committee residing in Holland, upon which they acquain­ted Com [...]ssary Gennerall; Ireton then Deputy, Governour of the Ile of Ely, and er­nestly intreated him to send a strong guard to preserue and keep it, and he accordingly sent (as I remember) Captaine Ʋnderwood, astout man with about a 100 souldiers &c. of which when King heard, he was exceding mad, and did write a most imperi­ous bitter letter, to command them out of his Jurisdiction, where upon they were nec [...]ssi [...]ated to dep [...]rt, and leave Crowland to his owne slender and treacherous guard, by meanes of which, within a little while after the Enemy had advantage to supprise that Towne without oposition, or difficulty, and did it, so that to speake in the words of the Articles remaining in Parliament against him, he betrayed that Towne, which was not regained without much hazzord and losse, the expence of a great deal of treasure and many mens lives, the blood of all which he [...] upon his head, for the losse of which alone (besides his treachery both to the state universall and representa­tive) [Page 10] he ought to dye without mercy, by the Morall and undispensable Law of God, made long before that ever the Jewes were a Nation, or had any Ceremoniall Law given unto them, which Law is expressed in Gen 9 5, 6. where God speaking to Noah and his sons, saith thus: ‘And surely your blood of your lives will I require▪ at the hand of every beast will I require it, and at the hand of man: at the hand of every mans brother will I require the life of man.’

Who so sheddeth mans blood, by man shall his blood be shed, for in the Image of God made he man, reade Revel. 13.10. But King, though his owne hands did not murder the souldiers that lost their lives in taking it in againe, yet he was the true fountaine and cause wherefore their blood was shed, Deut. 22.8. Judg 9.24. 2 Sam. 12.9. having apparently, by his wilfulnesse and treachery, lost the Towne; and therefore, wilfull blood being upon his heat, he ought to make a legall satisfaction, and expiation by his owne blood: I wish with all my soule the Parliament (your Lordship, and all the rest of the Judges of this Kingdome) would seriously consider and ponder upon this unre­pealable law of God, that so wilfull murderers and blood-thirsty men might not escape the hands of Justice, and so bring wrath from God upon the whole Kingdome, Gen. 4.10, 11, 12. Deut. 19.10. Psal. 106.38. Jer. 7.5, 6. and 19. [...], 4 Lament 4 13, 14. Hosea 4.2, 3 Joel 3.19. Heb. 2.8. which cannot be expiated but by the blood of him that shed it, Numb. 35.33. Deut. 19 12, 13. 2 Sam. 4 11, 12, 1 King. 2.5.6.3 [...], 32, 33. and 21 19. and 2 King. 9.7, 8, 9, 10, 36.33. and Chap. 24. 2, 3, 4. but especially that you would thinke upon the grand Murtherer of England (for by this impartiall Law of God there is no exemption of Kings, Princes, Dukes, Earles, Barons, Judges, or Gentlemen, more then of Fisher-men, Coblers, Tinkers, and Chimney-sweepers) upon whose shoulders all the innocent blood that hath in such abundance been shed in this Kingdome, &c. lyes, for which reckoning I am sure the score is not acquitted in the account of God, nor ought it not to be in the account of man, For if the innocent and righteous blood of one Abel, cry'd so loud for vengean [...]e in the eares of God, a­gainst Cain, that God cursed him and all he went about: How much more will the blood of thousands, and ten thousands of innocent persons, that hath been lately shed in England, cry loud in the cares of God, for wrath and vengeance against those that have been the true fountaine and cause of it, for shal it is, and upon some body the guilt of it lyes; and therefore it is but a folly and madnesse, for the King, Parliament, or People, to talke of peace, till inquisition be made for Englands innocent blood, and Justice done upon the guilty, and wilfull sh [...]ders of it, for besides the Law of God in Gen. 9 he saith plainly, Numb. 35.31. That there shall no satisfaction be taken for the life of a murtherer, but that he shall surely be put to death, and in vers. 33. God de­clares that the shedding innocent blood defileth and polluteth a Land, and that, that cannot be clensed of the blood that is shed therein, but by the blood of him that shed it, and for the innocent blood that Manasseth shed in Jerusalem (although a King) God sent bands of the Caldeans, Syrians, Moabites, and Ammonites to destroy Judah, and remove them out of his sight, for the sinnes of Manass [...]h their King, and for the in­nocent blood that he had shed, (which the text saith) The Lord would not pardon, 2 King. 24.2, 3, 4. ‘Yea, and because Saul (though a King) slew some of the Gaho­nites contrary to the Covenant made with them, God sent a famine upon all Israel for three yeares, for that very innocent blood shed by the King, and there was no expiation, or satisfaction to be made therefore, but by the blood of him that had shed it; and therefore because he himselfe was dead and his blood could not be had, [Page 11] seven of his sons (of his owne blood) must and was hanged up to make satisfactions therefore,’ Sam. 2.21.1, 2, 3, 4. to the 9.

My Lord, the unsufferable provocation of Colonell King, forceth me to present these lines unto you, and I doubt not, but these will tend to his long deserved ruine; and therefore to speake in the words of his friend Mr. Prinne, in a case of the like nature ‘It is the just hand of God, many times so farre to demen [...]ate the very wisest polititi­ans, as to make themselves the principall contrivers of their owne infamy and ruine:’ for his Knavery, lying in a hole as it were, now he hath by his arresting mee, and bringing me before your Lordship (who I conceive have nothing to do with the busi­nesse, being it is dependant in Parliament the supream Court of the Kindome,) neces­sitated me to publish the whole state of the businesse betwixt him and me to the view of the world, because at your Barre I cannot make a plea at large to the whole body of the Articles, but must be tyed up, as I am told, to a single plea, that is to say, to plead either guilty, or not guilty, unto which I cannot without snares yeeld unto, be­sides I must, as I am told, plead at your Barre by Serjeants at Law, none of which I know, and therefore will not trust them, come ruine and destruction, and what ever will of me. Againe, my Lord, I must there be tryed by a Jury that neither knowes mee, nor I them, nor knowes any of Kings habituated knavery, nor understands any thing of Martiall Law, the only rule to try him and me in this case, and that which is worst of all, they are chosen (as I am told) by the under Sheriff, of which kind of creatures I ne [...]er heard any great commendation for their honesty, but have heard of much judging and packing betwixt them and such kind of crafty and large conscioned fellowes, as my Adversary King the Lawyer is. Againe, my Lord, that which is the greatest mischiefe of all, and the oppressing bondage of England ever since the Nor­man yoke, is this, I must be tryed before you by a Law (called the Common Law) that I know not, nor I thinke no man else, neither do I know where to find it, or reade it; and how I can in such a case be punished by it, I know not: For, my Lord, I have been with divers Lawyers about this very businesse, I cannot find two of them of one mind, or that can plainly describe unto mee what is the way of your goings; so that I pro­fesse I am in the darke amongst briers and thornes, and fast in a trap by the heeles, and enemies round about me ready to destroy me, if I be not very wary with my tongue and which way to get out, or how, or to whom to call to for help I know not, for such an unfathomable gulfe have I by a little search found, the Law practises in Westmin­ster Hall to be, that seriously I thinke there is neither end nor bottom of them, so ma­ny uncertainties, formalities, puntillo's, and that which is worse, all the entryes and proceedings in Latine, a language I understand not, nor one of a thousand of my na­tive Country men, so that my Lord, when J read the Scripture, and the House of Commons late unparaleld Declaration, it makes me thinke that the practizes in the Courts at Westminster, flow not from God nor his Law, nor the law of Nature and reason, no nor yet from the understanding of any righteous, just or honest men, but from the Devill, and the will of Tyrants.

First my Lord, the House of Commons declaration April 17. 1646 tels me, that their intentions are not to change the ancient frame of Government within this King­dome, but to obtaine the end of the Primitive institution of all Government, the safty and weale of the people, (amost goulden saying) but I am sure it cannot be for the peoples safety, nor welfare, to have their lives, liberties, and estates, Judged by a law [...] the entrings and proceedings of which are in Latine, and so without there under­standing [Page 12] there cases in Heathen Greeke of Pedlers French, and so beyond their know­ledg, and man of their rules in the orracles of Judges breasts, whose judments many times have been destructive to the lives liberties and estates, of all the free men of England, witnesse there late Judgment in shipmoney &c. neiteer are such practizes agreeable to the Ancient constitutions of Kingdoms.

And secondly when God gives his law unto the sonnes of men, he doth it plainly, without ambiguous termes, and in their owne language, as first for Adam, the law God gaue him was plaine and short, with a declared penalty annexed unto it, Gen. 2.16.17. And the Lord God commanded the man, saying, of every tree of the Gar­den thou mayest freely eate. But of the tree of the knowledge of good and evil, thou shalt not eat of it, for in the day thou eatest thereof, thou shalt surely die. And his law in the 9. of Gen. about murther is as plaine as this, for who so sheadeth mans blood (saith he) by man shall his blood be shed, for in the Image of God made he man, and so likewise when God comes to give a law unto the Isralites as a nation, yea▪ and that law which we call the Morrall law, and observe as binding to us to this day, he doth it in plaine words, without amibguous or doubtfull tearmes, short and in their owne tongue Exo. 20 and that the people might be at a certaintie, Moses as his Minister, and officer, writ, and reade it in the audience of the people, unto which they gau [...] their consent, Exo. 24 4.6. and after that God writ them himselfe with his finger, and delivered them to Moses, that so the people might be taught them, Exo. 24.12. & 31.18. and chap. 34. yea, and in this plainnesse, was all the Lawes God gaue unto them, which he did not only barely ranke, and so let the people goe seeke them where they could find them, but he also with Majestie, proclaimes them openly and as if that were not enough, that so they might know the Law and not in the least plead ignorance of it, Moses declares it to them againe, and againe Deu. 5 & chap. 6. & chap. 9. & 11. ‘Yea and commands them to teach their Children, and to speak of them, when they fit in their house, and when they go abroad, and when they lie downe, and rise up, yea and that they should write them upon the posts of their houses, and upon their gates D [...]u 11.19.20. yea and that they should write them very plainly’ Deut. 27.8. and the reason is because the just God hath done, and will doe just and righteous things, and will not be so unjust as to punnish men for ‘transgressing a law they know not, and therefore saith Moses to Israel in the be­halfe of the just God, and his law, Its not hidden from thee, neither is it farre off It is not in Heaven, that thou shouldests say who shall go up for us to Heaven, and bring it unto us, that wee may heare it, and doe it; neither is it beyond the Sea, that thou shouldest say, who shall go over the Sea for us, and bring it unto us, that wee may heart it, and doe it: But the word is very nigh unto thee, in thy mouth, and in thy heart, that thou maist doe it, so (saith he) I have set before thee this day life and good,’ death and evill Deut. 30.11.12.13, 14.19 yea and that the generations to come, might not think that God dealt hardly with them, in exacting obedience from them, who lived not in Moses dayes, to heare the Law so sollemnly published, he delivers it a stnading Law (in future generations) unto the Priests El­ders, and people, that at the end of every seaven Yeares, in the solemnity of the yeare ‘of release, in the feast of Tabernacles: When all Israell is com to appeare before the Lord thy God, in the place which he shall choose: Thou shalt read this Law be­fore all Israell in their hearing. Gather the people together, men and women, and children, and thy stranger that is within thy gates, that they may heare, and that [Page 13] they may learne, & feare the Lord your God, and observe to doe al the words of this Law: And that their Children which have not knowne any thing, may heare and learne to feare the Lord your God, as long as you live,’ Deut. 31.9.10.11.12.13. So wee see how just and exact God is to the people, in giving them a short, plain and easie to be understood Law, in their owne tongue, and not in the language of strangers, and what care he takes to have it published and taught unto the people.

But if wee will but impartially read our English histories, wee shall clearely find, that the tedious, unknowne, and impossible to be understood, common law practises in Westnmister Hall, came in by the will of a Tyrant, namly William the Conque­rer, who by his sword conquered this Kingdome, and professed he had it from none but God and his sword Danniel 42. subdued their honest and just law (Speed 424.) commonly called the law of Edward the Confess. and as Daniel saith fol. 44. set up new termes, new constitutions, new formes of pleas, new offices, and Courts, and that whereas (saith he fol. 46) before the causes of the Kingdome were determined in every Shire, and by Law of King Edwad se. all matters in question should upon especiall penalty, with out further deferment, be finally decided in their ‘Ge­mote or conventions held monthly in every hundred, he ordained, that fower times in the yeare for certain dayes, the same businsse should be determined in such place as he would appoint, where he constituted Judges to attend for that purpose, and others from whom, was from the bosome of the Prince, all litigators should have justice, and from whom was no appeale, and made his Judges (saith Martin in his history folo 5.) follow his Court upon all removes, which tired out the English Nation, with ex­treordinary troubles and excessive charges in the prosecution of their suites in Law, and saith fol 4. he also enacted, and established strait and severe Lawes, and publish­ed them in his owne language (as all the practizes of the Law, and all petitions and businesse of the court were) by meanes whereof many (who were of great estate, and of much worth) tough ignorance did transgresse, and their smalest offences, were gerat enough to intitle the Conquerour to the lands, and riches which they did possesse: all which he seized on and tooke from them without remorse.’

And although the agrieved Lords, and sad People of England, humbly petitioned him, that according to his oath (twice formerly taken) that he would restore them the Lawes of St. Edward, under which they were born and bred, and not adde unto all the rest of their misery, to deliver them up to be judged by a strange Law they under­stood not, whose importunity so farre prevailed with him, that he tooke his oath the third time, to preserve their Lawes, and liberties, but like a perjur'd Tyrant, never ob­served any of his oaths, and the same (saith Daniel Fol. 43.) did Henry the first, Henry ‘the second, and King Iohn. &c. and yet notwithstanding these followed (saith he) a great innovation, both in the Lawes and Government of England, so that this seems rather to be done to acquit the People, with the show of the continuation of their ancient Customes and Liberties, then that they enjoyed them in effect.’ For the little conformity between them of former times, and these that followed upon this change of State, and though there may be some veines issuing from former originals, yet the main stream of our Common law, with the practice thereof, flowed out of Normandy, notwithstanding all objections can be made to the contrary, and therefore J say it came from the Will of a Tyrant.

But it may be objected, that the Law it selfe, is not now either in French or Latine, and therefore not so bad as you would make it.

[Page 14]I shall answer in the words of Daniel, Follio 251. That it is true, upon the Petition of the Commons to Edward the third, He caused Pleas which before were in French, to be made in English, that the Subjects might understand the Law by which he houlds what he hath, and is to know what he doth, a blessed Act, and worthy so great a King; If he could thereby have rendred the same also perspicuous, it had been a worke of eternall honour, but such (saith he) is the Fate of Law, that in what language soever it speaks, it never speaks plain, but is wrapt up in such difficulties and misteries, (as all proffes­sions of profit are) as it gives more affiction to the People, then it doth remedy, & there­fore when Magna Charta, after many a bloudy Battle, and the purchase of many hun­dred thousands of pounds, was obtained and confirmed by Edward the first, in the 27. year of his Raign, divers Patrons of their Country, as Sir Edvvard Cook. in his Proem before the second part of his Institutes, declares, that after the making of Magna Char­ta, &c. divers learned men in the Lawes, (that I may use the words of the Record) kept Schooles of the Law in the Citty of London, and taught such as resorted to them, the Lawes of the Realm, taking their foundation from Magna Charta, and Charta de Forresta, which the King sought to impeach, and therefore, in the 19th yeare of his Raign, by his Writ, commanded the M [...]or and Sheriffes of London, to suppresse all such Schooles, under great penalties, (such enemies are Tyrants, to the Peoples knowledge & understanding of their Lawes and Liberties, that so they may rule by their wils and plea­sures, for the impugning and infringing of which &c. this wicked and leud King, was dis-throned, at the doing of which, he confessed, that he had been mis-guided, and done many things whereof now (too late) he repented, which if be were to govern again, he would become a new man, and was most sorrowfull to have offended the State, as it should thus utterly reiect him, but yet gave them thanks that they were so gracious unto him, as to elect his eldest sonne for King.

And Henry the third, in the 2.8th yeares of his Raigne confirmed the great Char­ter, which notwithstanding he continually broke them, and fetcht over the Poictonians, by the advice of his evill Councell, to over-awe his People, and annih late their Liberties, wherefore his Nobles &c. sent him expresse word, Thât unlesse he would amend his doings they would expell him and his evill Councellors out of the Land, and deal for the cre­ation of a new King. Daniel. Fol. 154.

But I desire not to be mis-understood, for in the harshnes of my expressions again the Common Law, I put (as J conceive) a cleare distinction of it, from the Statute Law, which though there be many faults in it, as I could easily shew, yet I desire not here to say any greater evill of it then this, that the 28, 29. Chap. of Magna Charta, the Petiti­on of Right, and the late Act for abolishing the Star-Chamber, are gallant Lawes, and the best I can find in the whole vollumnious Booke of Statutes, for in my apprehensi­on they fall far short, in a sufficiently providing for that which lately the Honourable House of Commons saith is the end of all Government, (the safety and weale of the People, for in my judgement, they do not positively and legally hold out a sufficient security to hedge about to keepe in peace and to preserve the splendor and glory of that unde­rived Ma [...]est [...] and King ship, that inherently resides in the People, or the State uni­versall, (the representation or derivation of which, is formally and legally in the State [...] r [...]resentative, and none elce, (whose actions ought all to tend to that end) a­gainst [...] usurpations, and violences of all it's creatures, officers and Mini­sters, in the number of which are Kings themselves, from whom, and for whome they have all their Power and authority, as the executions of their will and mind, for their [Page 15] good and benefit, to whom they are accountable for the faithfull discharge of that trust reposed in them, as not onely Scripture, but nature and reas [...]n, doth fully prove, yea, and our own writers, especially the late Observator, and Mr. Prinne, in his Sove­raign power of Parliaments, and Kingdomes, printed by speciall authority from the house of Commons.

2. Although Magna Charta be commonly called the English mans inheritance, be­cause it is the best in that kind he hath, and which was purchased with so much brave English bloud, and money, by our fore-fathers, before they could wring it out of the hands of their tiranicall Kings (the successours of William the Conquerer) as I have largely elsewhere clearly manifested, yet alas in my aprehension, it falles short of Ed­ward the Confessours lawes, which the Conquerer rob'd England of, and in stead of them, set up the dictates of his own will, whose Norman rules, and practizes to this day yet remaines in the administrations of the Common Law at Westminster Hall, by rea­son of their tediousnesse, ambiguities, uncertainties, the entryes in Lattine (as bad at the French) because it is not our own tongue, their forcing men to plead by Lawyers, and not permitting themselves to plead their own causes, their compelling of persons to come from all places of the Kingdome, to seeke for justice at Westminster, which is such an iron Norman Yoke, with fangs and teeth in it, that if wee were free in every particular elce, that our hearts can thinke of, yet were we slaves by this alone, the bur­then of which singly, will pierce and gall our shouldiers, and make us bow and stoop to the ground, ready to be made a prey, not onely by great men, but even by every cun­ning sharking knave.

O therefore that your Lordshp would desire and solicite our honourable Parliament, accord [...]ng to the late Declaration, forever to annihilate this Norman innovation, and reduce us back to that part of the ancient frame of government in this Kingdome, before the Con­quers dayes, and that wee may have all causes and differences decided in the County, or Hundred, where they are committed, or do arise, without any appeal but to a Parlia­ment, and that they may monthly be Iudged by twelve men, of free and honest condicion, chosen by themselves, with their grave or chiefe Officer amongst them, and that they may sweare to judge every mans cause aright, without Feare, Favour, or affection, and then farewell jangling Lawyers, the wild-fire destroyers, and bane of all just, rationall, & right governed Common-wealths; and for the faciliating of this worke, and the preventi­on of Frauds, I shall onely make use of Mr. Iohn Cooks words a Lawyer of Grayes-Inne, in the 66. page of his late published Booke called a vindication of the professors, and pro­fession of the Law, where he prescribes a ready remedy against frauds, which is that there might be a publique Office in every County, to register all Leases made for any Land, in that County, and also all Conveiances whatsoever, and all charges upon the Lands, & all Bonds, and Contracts of any vall [...], for (saith he) it is a hard matter, to find out all Recognizances, Iudgements, extents, and other charges, and too chargeable for the Subject) that for 12 d. or some such small matter, might know in whom he interest of Land remaines, and what incumbrances lye upon it, and every estate or charge not entred there to be void in Law, and that the country have [...]h chusing of the Registers in their re­spective Counties once a yeare, upon a fixed day, and tha they have plain-rules and limita­tions, made by the authority of Parliament, and severe penalties inacted for the trans­gressing them

My Lord, I hope you will not be offended at me for my plainesse, especially if you consider the necessities laid upon me, for I professe really, I am not able to imagine [Page 16] any other remedy for my preservation but this, (having had my Petition about this businesse, above a month in divers of my friends hands in the House of Commons, but cannot get it read.

And having contested this 7. yeares, with all sorts, and kind of persons, that would destroy me, and having often been in the field, amongst Ballets and Swords, to main­tain the Common Liberties and Freedomes of England, against all the traytorly oppug­ners thereof, and having by the goodnesse of my God, escaped many dangers and deaths and being in my own apprehension, ready to be ruinated and destroyed, by a weapon, Inferior to a T [...]ylors Bodkin, (namely) a Formallity, or Puntillo in the Law, it hath rouzed up my spirits, to charge it with a Souldiers pure resolution, in a new and un­wonted manner, being necessitated to cast all care behind me, and say unto myselfe, that as hitherto I have not lived by any mans favour and grace, so, for my own safety, I will now be affraid of no mans indignation or displeasure, cost what it will, and if J perish, I per [...]sh.

2. If your Lordship, or any other great man, be moved with choller or indignation against me, (as I desire you may not) and shall, endeavour to doe me a mischiefe, for this my plain dealing, I hope I shall be kept out of danger, by the authority of the Parliaments own Declarations, but especially by those words of theirs, in their ex­hortation to men to take their Covenant, which are thus.

And as for those Cleargy men, who pretend, that they (above all others) can not Co­venant to extirpate Episcopall Government, because they have (as they say) taken a so­lemne oath to obey the B [...]shops, in licitis & honestis, they can tell and if they please, that they that have sworn obedience to the Lawes of the Land, are not thereby prohibited from endeavouring by all lawfull meanes the abolition of those Lawes, when they prove in­convenient or mischievous &c.

And I am confident, that if J fall into the hands of those that made the Covenant, (who are the fittest interpreters of it) I shall doe well enough; But from the Sect of the Adamites, that would have no man live in England that are honester then them­selves, and from the late London Remonstrators, that would have all men disfranchi­zed (although never so honest) that are not of their minds, and Judgements, and who doe, and would rob the representative body of all the Commons of England, of their Legi­slative power, and from the Executors of strange and unknown Lawes, which destroy and undoe men, (though never so upright) by formallities and puntillo's, good Lord deliver