IT is the saying of the Spirit of GOD, in the 12. Prov. 10. That a righteous m [...]n regardeth the life of his Beast, but the tender mercies of the wicked are cruell. How far your actions, and carriages with me, that am more then a Beast, have been point-blank contrary to the first part of that divine Sentence, but consonant to the conclu­sion of it; is very easie to demonstrate with Pen and Ink, to the [...]ew of [Page 2] the World; and as facill to your face, before any competent Judges to justifie and prove: And this is the Theme I have chosen a little to in­sist upon at this present time: but being resolved, to be as concise as I may, I shall not now make any ample repetition of your harsh dealing with me at the first; in divorcing me by the Law of your own Will from my Wife, and getting the Lords to make an Order to bear you out in it after you had done it; and, that I should speak with none of my friends, but in the presence and hearing of my Keeper, &c. Which cruell Order, meerly obtained and got by your solicitation, the Reader may read in the 35. p. of Vox Plebis. Therfore, in regard that the Author of that book hath pretty wel discovered your cruel and illegal dealing with me, at my first coming to the Tower, especially in the 45, 46 47, 48, 49, pages thereof: And the Author of the said book, called Regal tyrannie discovered, in the 48, 49, pages, And my self hath pretty well laid it o­pen in the 16, 17, 18, 20. pages of my printed Relation before the Committee of the honourable house of Commons, Novemb. 6. 1646: called An Anatomy of the Lords tyrannie, to which I refer the Reader, and in regard you are not ashamed of your cruel and illegal carriages towards me, but persevere in them (as though you would justifie one tyrannie, with backing it with continual acts of tyrannie) I shal ther­fore go on as effectually and punctually as I can, more fully to anato­mise you, and your unjust, illegal, cruel, and unrighteous dealing with me, and for matter of fact, shal say nothing to your charge, but what I will justifie before any legal Authority in England.

But in the first place, I desire to let you understand, that I am a free-born English-man, and have lived a legall man thereof all my dayes, being never yet convicted of any attempt or design undertaken, or countenanced by me, that did tend to the subversion of the Fundamentall Lawes and Constitutions thereof; but have alwayes sided with the Parl. it self, who hath pretēded nothing so much, as the preservatiō of the laws, liberties, & Fundamental Freedoms of Englād, and the peace and tranquility of the people; as you may read in their own Declarations, 1 part col. D [...]. pag. 172, 195, 214, 281, 342, 464, 498, 663, 666, 673, 750. for the pre­servation of which, I have constantly, couragiously, and as freely ad­vetured my life, as any of themselues, what ever he be: And therfore in every particular, have just and grounded cause to expect the utmost priviledge and benefit that the Law of England will afford any man whatever, that is under the obedience and subjection thereof: Nay more­over, [Page 3] having to do with those men as my Judges, that made all or the most of these Declarations, and who have also declared, it lyes not in their power to inslave or invasalize the people, being trusted for their good, not for their mischief, to provide for their weal, but not for their woe, 1 part Col. dec. pag. 150. 214. 266. 267. 494. 497. 636. 659. 660. 694. 696. and who in these and other of their own Declarations, imprecate and pray that the wrath and vengeance of Heaven and Earth may fall upon them, and theirs, when they cease actu­ally to performe what verbally they there declare, unto which I say AMEN: And there they protest, vow, and swear, they will maintain the fundamentall Lawes, and Liberties of the people, and therefore in that tespect, you cannot groundedly in the least, think, that I should Issacar-like stoope willingly unto any other burthens, impositions, or Commands layd upon me, by you, or any other whatsoever, that are not warrantable and justifiable by the fundamentall Lawes of the Land, and whether your practises have been so with me, I will compare them to the Law, and leave every rationall man to judge.

First I do not finde any Law that makes Prisons, places of execu­tion, punishment, or torment, but onely places of safe custody: for, the Law of England (as Sir Edward Cooke in the second part of his institutes fol. 28. excellently declares) is a Law of mercy, (yet as he then said, so I much more say now) it is now turned into a meer shaddow, which is the most we now enjoy of it) and therefore as the author of the late booke, called Liberty vindicated against Slavery, very wel saith p. 7. from Sir Ed. Cook in the 1. part of his instit. f. 260. that by Law, prisons are ordained not for destruction, but for securing of mans persons, until they be brought forth unto due & speedy tryal, (for being in prison, they are under the most especiall protection of the Law, and the most tender care thereof) and are therefore to be hu­manly, courteously, and in all Civility, ordered and used; other­wise Goalers are not Keepers, but tormentors and executioners of men untryed, and uncondemned, but this were not (salvo custodire) to keepe men in safety, weich the Law implyes (and is all it requires) but (destruere) to destroy before the time, which the Law abhors and detests, yea and that prisoners (though never so notorious in their crimes) may be the more honestly and carefully provided for, and the better and more civilly used, and to the end, that Goalers and [Page 4] Keepers of prisons, should not have any colour or excuse, for ex­acting any thing from prisoners, (under what colour or pretence soe­ver, whether the same be called fees, or Chamber-rent) who are in custody of the Law: It is provided, and declared by the Law, that all Prisons and Goales what ever, be the Kings, for the publike good, and therefore are to be repaid and furnished as prisons at the com­mon Charge, see Cooke on the 1. E. 2. Statutum de frangentibus prisonum, in his 2. part institutes fol. 589. and on the 26. Chap. of Magna Charta fol. 74. Ibem, and on the statute of Westminster.

The first Chap. 26. fol. 209. 210. Ibem.

Yea and the Law takes care that in case the prisoner when he is in prison, have no meanes of his own to live upon, that then by the publike he is to be maintained, 14. Eliz. 5.21. Iames 28. Vox Plebis, pag. 57. for a freeman of England (as I am) ‘is not brought to prison to be starved with cold, or hunger, but to the end justice upon him may be done: The prison, at most, in Law, is but a safe preserver, but not a distroyer of the prisoner, who with all convenient speed according to Law, is to come to his tryall, and either according unto Law to be condemned, or else to be delivered in convenient time without delay,’ 4 E. 3. 2. See my answer to Mr. Pryn, called Innocency and Truth justified, pag. 32. ‘who by Law is never to remaine in prison above 6. moneths at most, for Goale deliveries are by the 4. E. 3. 2. to be kept and made 3. times a yeare, which is once in foure moneths, and oftener if need shall be.’

And as the authour of Vox Plebis pag. 55. saith, out of ‘Stamf. pl. Cor. f. 30. Imprisonment by Law, is (neither ought to be) no more then a bare restraint of Liberty, without those illegall distinctions, of close and open imprisonment, and therefore Bracton fo. 18. saith, that if a Goaler keepe his prisoner more close then of right he ought, whereof the prisoner dieth, this is fel­lony in the Goaler’

And Horne, in the mirrour of Justice pag. 288. ‘saith that it is an abusion of the Law that prisoners are put into Irons, or other paine, before they are attainted. And pag. 34. 36. he reckons the sterving of prisoners by famine, to be among the crimes of homi­cide in a Goaler.’

And we finde in the 3. E. 3. Fitz. H. Tit. pl. Cor. 295. ‘that it [Page 5] was fellony at Common Law, in Goalers to compell their priso­ners by hard imprisonment to become approvers, whereby to get their goods: which Law is since confirmed by the statute of 14. E. 3. Chap. 10. with some inlargement; as to under keepers of prisons, and the penalty of the Law, and that Goalers having done this, have been hanged for it, you may read 3. E. 3. 8.’ Northampton, Fitzh. pl. Cor. 295. and else-where, but this for a tast to them.

In the second place, I will tell you what the Law saith about Goalers Fees. The mirrour of Justice pag 28 [...]. tells us, that it is an abusion of the Law, that prisoners or others for them, pay any thing for their entries into the Goale, or for their goings out: this is the Common Law; there is no fee at all due to any Goalers whatsoever by the common Law. See what the Statutes say. The statute of Westmin­ster 1. Chap. 26. being the 3. E. 1. 26. saith, that no Sheriffe, nor other the Kings Officer, take any reward to do his Office, but shall be paid of that which they take of the King, and he that so doth shall yeeld twice as much, and shall be punished at the Kings plea­sure, under which word Officer, is concluded Goaler, Coronor, &c. so Sir Edward Cooke 2. part institutes fol. 209. Stamf. pl. Cor. 49. nay, by the statute of 4. E. 3 10. Goalers are to receive theeves, and fellons, taking nothing by way of fees for the receipt of them, so odious is this extortion of Goalers, that very theeves and fellons are exempt from payment of fees. It is true, that by an incroach­ing statute upon our liberties, made in the 23. H. 6. 10. there is a fee given to the Goaler to be paid him by his prisoner, but yet it is very small, the words of the statute are these; ‘nor that any of the said Officers and Ministers by occasion or under colors of their Office, shall take any other thing by them, nor by any other person to their use, profit, or availe of any person by them or any of them to be arrested, or attached, nor of any other of them for the omitting of any arrest or attachment to be made by their bo­dy, or of any person by them or of any of them, by force or co­lour of their Office, arrested or attached for fine, fee, suit of prison, mainprise, letting to baile, or shewing any ease for favour to any such person so arrested, or to be arrested for their reward or pro­fit, but such as follow; that is to say, for the Sheriffe 20. d the Bay­liffe which maketh the arrest or attachment 4. d and the Gaoler, [Page 6] if the prisoner be committed to his ward, four pence; and that the Sheriffe, under-Sheriffe, Sheriffes Clerk, Steward, or Bayliffe of Franchise, Seruant, or Bayliffe, or Coroner, shal not take any thing by colour of his office by him nor by any other person to his use of any person for the making of any return or pannell, and for the copy of any pannel, but 4.d’

And it followes in the same Statute, ‘that all Sheriffes, under-Sheriffes, Clerks, Bayliffes, Goalers, Coroners, Stewards, Bayliffes of Franchises, or any other Officers or Ministers, which do con­trary to this Ordinance in any point of the same, shall lose to the party in this behalf indammaged or grieved, his treble damma­ges, and shall forfeit the sum of 40.l at every time they or any of them do the contrary thereof in any point of the same, whereas the King shall have the one half to be employed in the use of the house, and in no otherwise, and the party that shall sue, the other half.’

But (as Sir Edward Cook well observes, on the 25. chap. of Mag­na Charta, 2. part Institut. fol. 74.) after the rule of the Common-Law was altered, and that the Sheriffe, Coroner, Goaler, and other the Kings Ministers, might in some case take of the subject; it is not credible what extortions and oppressions have hereupon ensued. So dangerous a thing it is, to shake or alter any of the Rules or Fundamental points of the Com­mon-Law, which in truth are the main Pillars and Supporters of the Fa­brick of the Common-wealth, as else-where I haue noted more at large viz. fol. 51, 210, 249. ibim. see the Preface to the 4. part of his Re­ports and the 4, part of his Institutes▪ cap. of the High Court of Par­liament, f. 41.

Now sir, having laid this sure foundation, I will assume the bold­nesse, to compare your dealings with mee, to the fore-mentioned rules that the Law prescribes you: And first to matter of usage, you know very well, you of your own head at first kept my wife from me, and made me a close prisoner, as in the fore-mentioned bookes, pag. [...] is truly declared.

And then secondly, although you could not but know that by the Lords, &c. in the Star-Chamber, I, for about four years together be­fore this Parliament, under-went a great destruction by them, both in my body, goods, and trade: and since this Parliament, have spent many hundred pounds to obtain my just reparations (besides other [Page 7] great losse I have had) yet have not got a penny, and being a youn­ger brother, and in Land have not 6. d incoming in the year; and be­ing robbed of my trade, calling, and livelyhood, by the Merchant-Monopolizers: so that I could not with freedome transport one Cloth into the Low-countries, to get any lively-hood thereby: all which, above a year agoe, I was necessitated publikely to declare, in answer to William Pryns lyes and falshoods, in my book called Innocency and Truth justified, which there you may read, especially in pag. 39, 43, 47, 48, 62, 65, 75. and how being committed to your custody in the Tower, the chargeablest Prison this day in all Eng­land; and where I am denyed the just and legal usage and allowance that the King himself used to allow all prisoners committed to this place, although those that had great estates of their own, into their own hands and possession, whose allowance was to find them diet, lodging, and pay their fees, Vox Plebis, p. 50, 56. 57.

Nay, when I came in, and desired you, that I might have my diet from my wife out of the town, which I did for two reasons.

First, for safety, having heard much of sir Thomas Overburies be­ing poysoned when he was a prisoner in the Tower.

Secondly, for the saving of money, which stood me much upon; but you absolutely denied me that legal and just priviledge, and ty­ed me either to fast, or haue my diet from the Cookes in the Tower.

Thirdly, being thus committed to this extraordinary chargeable ex­pensive place, and being in so mean a condition, as I must ingeniously confesse I was, you took in the third place, the ready way to sterve & destroy me; and of your own head, ordered your Warders to take the names and places of habitation, of all those that came to see me, or speak with me, a destructive bug-bear to any captived prisoner, which the Law of England doth not in the least authorize and inable you to do: but this was not all, but in the fourth place, my friends, though they gave their names, were by your Warders, set on by your self (for upon your score, I must, and do lay it all) exceedingly in words abu­sed, and divers of them turned away, and not suffered to come and speak with me: O bloody and cruell man! what is this else, but an ab­solute Declaration of your resolved intention, to destroy me in my imprisonment under your custody? which the Law abhors: but if for the sake of the Law, or for my sake, you will not square your dea­lings [Page 8] with me, according to the known and declared law of the king­dome, then for your own sake, I desire you to remember your Prede­cessour, Sir Gervase Elmayes, who was indicted by the name of Gaoler of the Tower of London, and hanged upon Tower-hill, for consenting to the poysoning of Sir Thomas Overbury, Vox Plebis, pag. 48.

In the fifth place, seeing by all the fore-mentioned wayes & meanes you could not scare all my friends from me, and so by consequence, destroy me.

Then you devise another way, and set one of your old Mastive dogs upon me, to baite and to worry me with lyes, reproaches, and calum­niations: and for that end, printed and published a most base & scan­dalous book against me, thereby to make me odious to all men what­soever, that would believe that book, which was published against me at such a time; when by your self, my hands were fast tyed behind my back, being kept by your order very strictly from Pen, Ink, and Paper, and so in a condition unable publikely to vindicate my self, and much importunity was I forced to use to your selfe, before I could obtain leave from you to answer it, and necessitated to tye my selfe by pro­mise to such and such conditions: and amongst the rest, that you should read it all over, before it was published: And I, for my part, performed my promise, and was necessitated to give the originall into your hands, in such haste, that I could not take a Copy of it: out of whose hands, I could not get it, til I was in some respect necessitated to an arbitration: and being not able to doe what I would for my own vindication, I was in a manner compelled by you to be content with what I could do, which was to accept a submission from him for my wounded, rent, and torn reputation by him: although, if I could have accomplished what I desire, I should first have published my an­swer to his lyes: and then if he had had a mi [...] put it to arbitration, but necessity hath no other Law but a stooping to it: but I was in hope, that I should have found so much candor and ingenuity in you, and your Agent, old John White, a [...] that I should not have had the like abuse [...] from you after that arbitration, that I had before it, from you both▪ but in regard that he at the ga [...], as my friends informe me, doth not cease in his rancour and venim against me; I must be necessitated to publish my answer to him; especially, seeing as I conceive, Thos. Edwards the cankered Gangrena [...] joy [...] in con­federacy with him: But [...]o this, pr [...], I shall [...] with the inserting of his recantation, or acknowledgment, and referre the [Page 9] Reader for a full relation of that arbitration, to the 59, 60, 61, 62, 63▪ pages of my late book, called Londons Liberty in Chains discovered; the aforesaid acknowledgment thus followeth:

[Page 10]Sixthly, after all this, by meanes of my wifes Petition, which was de­livered to the house of Commons 23. Septemb. 1646 and which you may read in the last mentioned book. pap. 65, 66, 67, 68 &c. by means of which, there was a Committee of the honourable house of Com­mons appointed, to hear and receive my complaint against the Lords, and the 6. of Novemb. 1646. was the last time I was before the Com­mittee; where I had an opportunity, in part, to declare unto them, your illegal dealing with me: which Declaration, you may read in the 17, 18, 20. pages of that relation, now in print; and I must confesse unto you, I did think that you durst not have run the hazzard of per­severing in your illegal dealings with me: but in regard you doe, it cleerly demonstrates unto me, that you judge the streames of Justice so muddy and corrupted (by the interest and power of your Lords, and their factions, who would have no other rule, but their own base and cor­rupt wills to walk by, and therefore lay the rule of the Law and Justice aside) that they will never run cleer, nor purely again, to punish such transgressors as you are.

But that you may know (although I have had exceeding hard mea­sure, in being so long delayed in the making of my report) that I am not out of hopes, nor in despaire, I give you this fresh charge, and tell you, that after I had done with the Committee, your next illegall de­signe that you executed upon me, was, that my friends could not passe your guard, unlesse my keeper were there present to conduct them unto me; by means of which, some of them have been forced to come four severall times, before they could find him at the Gate; & others have been forced to stay, and sit in the guard an hour, and sometimes two, expecting his coming; without whose presence, they could not have accesse to me; and divers of them in the time of their stay at the Guard, examined whether they be not Independēts, or no; & whether they never preached in Tubs, or no: And if they answer crosly to the questions, as well they may, then they are fallen upon, and both they and I in words exceedingly abused: and I am told, that an old tall man in black, with a great staffe in his hand, is not wanting to play his part, which I judge to be Mr. White.

Now sir, is not this the height of illegality, cruelty, tyrannie, and bloud-thirstinesse in you, thus to deal with me; indevouring thereby strongly to scare away all my friends from me? For, who in so ma­ny difficulties and abuses would come to visit a man, unlesse he bore a [Page 11] very great affection to him: the which, if he do, the continual meeting with these base and unwarrantable affronts, in conclusion will make him weary.

And truly sir, let me tell you, this is not to use me with civility, and humanity in my imprisonment, as the Law requires I should: but this is to torment, punish, and destroy me, which, the Law, and all just and honest men abhor and detest.

In the 7. place, being in the condition that I am in, and being guil­ty of no legall crime in the world; unlesse it be for being over honest and zealous for the preservation of the just and publique Liberties of the Kingdom; I know no reason, why I may not enjoy the utmost pri­viledge and liberty in the Tower, that any prisoner in it doth enjoy: yet notwithstanding, not many weeks agoe, I was but going with a fellow-prisoner in the path that leads to the Record-office; and com­ing back to my Lodging under the Gate, that is just against the Tray­tors Gate, I met your pretended-Gentleman-Goaler, and immediatly Mr. Comport, my Landlord and Keeper, came and delivered a message from you to me, which was to this effect: That Mr. Lieutenant did understand, that I was beyond the Ring; but it was his pleasure, that J should forbear to go any more beyond it: Vnto which, I replyed, Land­lord, I had only thought, that to go beyond the Ring, had been for a man when he came to it, to have turned on the right hand, and so to have gone, as if he would have gone out at the Gate, which I did not in the least: for I turned on the left hand with one of my fellow-prisoners, and walked in the path that goes to his Chamber, and di­vers other Chambers of my fellow-prisoners, which path they do and may walk in every day in the week, and every hour in the day. And therefore, tell your Master from me, I shall not obey his order, for I have as good right to enjoy any priviledge within the Tower, as any prisoner in it: and therefore will walk that way again, seeing all my fellow-priso­ners enjoy the same liberty.

In the 8. place, the other night there being a friend with me about 6 or 7 a clock at night, I walked out of my chamber with him; which is a priviledge that all my fellow-prisoners enjoy: and he having a candle and lanthorn in his hand, passing under Cole-Harbour Gate, I was roughly and suddenly demanded whither I went? And I replyed, along with my friend, to conduct him as farre as my liberty would extend (which was down to the Ring, which is, as I conceive, [Page 12] at least three or foursore yards, on this side of the gate where your guard stands) I was replyed unto in these words, Sir, you shall not goe: At which, looking well about me (it being very dark) to see who it was, that was so malipert, I perceived it to be your self (who had with you, as I conceived, some of your Warders) unto which I replyed: Truly sir, I do not like the word shall; it is but unhansome language, to tell me, I shall not go.

No sir, I say (said you) you shall not go; for you ought not to stir out of your chamber after candels are lighted.

Truly sir (said I) I know no such order. Vnto which, you replyed, Well, then sir, I now give you such an order: and I bid you give it to those that would obey it; for I would not: and I gave you the reason of it; which was, that I was a free-born Englishman, a Kingdom that pretends (at least) to be governed by Law, and not by Wil, & I am not to be subject unto those orders in my imprison­ment, that have no other Warrant, but the Goalers Will. Neither will I willingly be subject in the Tower unto any other orders, but what are consonant and agreeable to the fundamental Laws of the Kingdome.

Vnto which you replyed; Sir, you shall obey my orders, and I will make you.

Sir, said I, I will not obey your orders; nor you shall not make me: And I tell you to your face, I scorn both you and your orders, and that I value you not, the paring of my naile,

Vnto which, you replyed, Sir, I will make you; for I will locke you fast enough in your chamber: And I bid you do your worst, that either you could, or durst do, I cared not a straw for you: But I bad you take notice of this, by the way; that if you locked me up by the power of your own unbinding will, and did not make your doores very strong, I would make work for your Carpenters, by breaking them into as many pieces as I could.

You replyed, you would make them up again. And I told you, I would break them again.

You told me, you ordering us to keep our Chambers after can­dle was lighted, was for your own security.

I shall now take liberty, to return you a more ful answer to this, then I did before to you, which is this; That I for my part, for all the gold in London, would not give just cause to be counted so base [Page 13] and unworthy, to do upon deliberation that action, that I would not justifie to the death: But if I should in the least, step aside, I should contract unto my self that guilt, which I am confident, all the enemies I have in England, are not able in the least to fixe upon me: For, I understand by the Law of this Kingdom, that he that is committed to prison for Felony, or Treason; although really and truly he be guilty of neither, yet if he break prison, and be taken a­gain, he shal dye like a Fellon or Traytor that is legally convicted, 1. E. 2. de frangentibus prisonam. See Cookes 2. part. instit. fol. 590, 591. For his slight, in the eye of the Law, argues guiltinesse.

And besides, my friend and I had a horn Lanthorn and Candle, which put all out of suspition of going out in the dark.

But thirdly, what ground have you, vpon any pretence what e­ver framed by your self, to lock me up in my chamber, as soone as candels are lighted, seeing I am in a moated and double-walled Prison, where you have not only a Train-bond, but also great store of your Warders to secure me?

And therefore, I tell you plainly, I shal never condescend to bee locked up sooner then that convenient hour of 8. a clock, the accu­stomed hour of the place, which is much sooner then they are in other prisons, that I have been in.

Fourthly, if under pretence of your security, I should give way for you to confine or lock me up in my chamber at candle-light, which then was before five a clocke, may not you as well and as groundedly upon the same pretence (if you please to say it is for your security) keep me locked vp in my chamber till 12. a clocke; yea, the whole day, if you please: And if I should suffer this in the least, what am I lesse then traitorous to my selfe, and to my liber­ties, to give you a power by your own meer will, to make and im­pose a Law upon me, whensoever you shall please to say that its for your securitie; when the Law provides and enjoynes you no more, but to keep me in safe custodie within your prison, and to use me and all that come to me, civillie, and with all humanitie, and leaves me not in the least to your will, but only in some extraordinarie cases, as in doing or offring violence to the Goaler, or Goalers, or to my fellow-prisoners, to the apparent breach of the peace of the prison: and yet in this, the Law is extraordinarie tender of the pri­soners safetie: but none of this I have not in the least done, either [Page 14] to you, or the poorest boy belonging to you, not by Gods assistance wil not: but yet on the contrarie, before you shal make me a slave to your will, you shal have the heart-bloud out of my body.

Now in the last place, I wil compare the fees taken and deman­ded in the Tower with those the Law gives; and what they are, you may fully read before.

Now, by the Author of Vox Plebis, who to mee seemes to bee a knowing man in the practises of the Lieutenants of the Tower, who in his 48 49. pages, saith, That there is demanded for the admit­tance of an Earl 100.l for a Baron 80.l for a Knight and Baronet 70.l, for a Baronet 60.l for a Knight 50.l and for an Esquire 40. pound, and 30.s a week of every prisoner for liberty to buy and dresse his owne diet, and 10.s 15.s 20.s per weeke, for their Chamber-rent, and of some more.

For Sir Richard Gurney sometimes Lord Mayor of London, & now prisoner in the Tower, hath paid as I have heard him aver it 3. l a week for his chamber-rent; and in the time of a Predecessour of yours, dieted 3 weeks at the Lieutenants table; for which hee had the impudencie to demand of him for it 25.l per week. ô horrible and monstrous extortion and oppression: and yet this is not all, for the last mentioned euthor in his 48. pag. saith, There is a new erected Office, and an intruded Officer, called the Gentleman Goaler, one Yates, a busie fellow, who pretends to a fee of 50.s to be paid him, at the going a­way of every prisoner, pag. 51. ibim.

But yet this is not all: for in p. 49. of the late printed book called Regal Tyrannie discovered, he saith, that the Gentleman Porter demands for his fee 5.l and a mans upper garment: 40.s to the Warders, 10. s to the Lieutenants Clarke, 10.s to the Minister; and divers of my fel­low-prisoners tell me, that their Keepers have and do demand of them, either their diet, or 5.s a week, for locking them up at night in their Chamber, and opening their chamber-dores.

O horrible and monstrous injustice, oppression, and crueltie, to de­mand and take these fees; whereas, by Law, there is not one far­thing taken of all these fees due to be paid by the prisoner, but one bare great at most, and that given away by an oppressing and in­croaching law upon our antient and just liberties, as is before truly observed.

And yet prisoners are detained in prison by your will, after they [Page 15] are legally discharged, because they will not pay these undue and unjust fees, which at this very day is Sir Henry Andersons case, and hath formerly been others; as the Author of Vox Plebis truly ob­serves: although the arrantest Rogue & Thief that ever breathed, had, or hath, as true a right to any purse that ever he did, or shal take from an honest man upon the high-way by force and violence, as you or any other hath to any of the fore-mentioned fees. O yee proud and impudent man, that dare assume unto your selfe of your own head, more then a regal power, to levie and raise mony by the law of your own will, vpon the free people of England.

Sir, let me tel you, this very thing was one of those things, that was the Earl of Straffords great Crimes, for which hee paid very dear; and it is not impossible, but you and others that use it, may pay as dear for it in conclusion: therefore, look to it, and thinke of it.

And if you please to read the Petition of Right, made by the Lords and Commons unto this King, in the 3. of his Raign, you shall find in the beginning of it, they shew him that by the statute of the 34. E. 1. called Statutum de tallagio non concedendo; that no tallage or aid shall be laid or levied by the King or his Heires in this Realm, without the good will and assent of the Arch-bishops. Bishops, Earles, Barons, Knights Burgesses, and other the free-men of the Commonalty of this Realm, and by authority of Parliament holden in the 25. E. 3. it is declared, and en­acted; that from thence-forth no person should be compelled to make any Loanes to the King against his will; because such Loanes were against reason, and the franchise of the Land, and by other Lawes of this Realme, (viz 1. E. 3 6. 11. R. 2. 9. 1. R. 3. 2.) it is provided; That none shall be charged by any charge or imposition, called a benevolence, nor by such like charge by which the statutes before-mentioned, and other the good lawes and statutes of this Realm, your subjects have inherited this freedome; that they should not be compelled to contribute to any taxe, tallage, aid, or o­ther like charge, not set by common consent in Parliament. All which, the King confirmes.

And by the statute made this present Parliament, that abolished Ship-money; All and a very the particulars, prayed or desired in the said Petition of Right, shall from henceforth be put in execution accor­dingly, and shall be firmly and strictly holden and observed, as in the same Petition they are prayed and expressed: yea, in this very statute it is [Page 16] declared and enacted to be against Law, for his Majesty upon any pre­tence what ever, to levie money of the people of England, without common consent in Parliament.

And truly sir, let me tell you without fear or flattery, that if your great Masters the Lords, & the true prerogative-friends of the house of Commons, had any true and reall intentions to preserve the Fun­damental Lawes and Liberties of England, or had any time to spare (to punish those that justly and groundedly infringe them, and doe, as much as in them lies, to destroy them) from their weighty employment, of dividing great and vast summes of the Common-wealths money amongst themselves, without either doing justice and right in the like nature to any man breathing, unlesse it be themselves, or some of their sons, kinsmen, or near friends; whose principles, are to serve their ends to the breadth of a haire in all they enjoyn them; they would scorn to give cause to be reputed so base and unworthy as they are, to deny the King the power (unto whom ever and anon, they give such glorious and transcendent titles unto) to levie and raise money without common consent in Parliament; when they allow every paltery Jaylor in England to do it at his plea­sure; yea, and for any thing I can perceive abet and countenance him in it: for they will not, nor have not done, all this long Parlament, any man any effectuall Justice against them that have complained of them, but every man is crushed, and in a manner destroyed, that meddles any thing to the purpose with them.

I pray sir, tell me, whether this be to keep the Solemn League and Covenant (which now is made a cloak for all kind of knavery and villa­nie) which they and you took with your hands lifted up to the most high God, and swore to maintain the Fundamental Lawes and Liberties of the Kingdome: But this I dare boldly tell you, you never intended it, as by your practises, appears.

But sir, in the second place, I should desire to know of you, the rea­son why Jaylors are so impudent and oppressive as they are, and go so scot-free from punishment (though often complained of) as they do.

Truly, for my part, I am not able to render any more probable one then this; That it may be some powerfull Parliament-man, or men, are sharers with them in their profits (for as grose, if not groser things, are commonly reported, yea printed of some of them: See the 99, 100, 101, 102, 103, &c. pages of the fore-mentioned book, called Regall [Page 17] Tyrannie discovered) and therefore must, and do improve their interest and power, to protect them in their knaveries and oppressions. For, within these few daies, I was talking with an understanding know­ing Gentleman, that came to visit me; and he told me, he durst ven­ture his life to make it evident to any rationall man in the world; that there is one Goaler about this Citie, that makes of his Prison above 20000, l a year, and commits all manner of villanies, and yet no Ju­stice can be had against him, though hee hath often and powerfully been complained against to the Parliament it self, where he said, he had more favour, countenance, and protection, then the honest man that complained of him; yea, more then them all, put all in one.

Now sir, in the last place, I come to acquaint you, what monies I have paid, since I came to the Tower for my Chamber-rent only; the 10. of July last I came hither, and you sent me to the Lodging where I am, with extraordinarie strict and severe command upon my Kee­per, who within certain daies after I came to him, demanded cham­ber-rent of me at a great deale higher rate then I pay, and I told him necessitie had no law; and I therefore desired him to ask me reasona­bly, and he should see what I would say to him: So at last, he asked me 15. s a week, I told him I knew well the lawes of all Prisons in England and 15. s a week was a great deale of money for bare Lodg­ing; but in regard it was with me, as it was, conditionally that hee for his part would use me, and those my friends that should come to to see me, with civilitie and humanitie, I would give him 15. s a week, and find my own linnen besides, protesting unto him, that the first time he used me, or any that came to see me, churlishly, I would not pay him one peny more of money; and I must ingenuously con­fesse, I have no cause in the least to complain of the man in point of civilitie, nor he of me in performing my promise: for I have paid him, though it hath been with some straights to me, betwixt 20. and 30. l which I am now able no longer to pay.

And therefore I desire you, according to your duty which by law you are bound unto, to provide me a prison gratis: for I professe unto you, no more rent I can, nor will pay, though it cost me a dun­geon (or as bad) for my pains. And truly, Sir, I shall deale ingeni­ously with you, and give you the true reason wherefore I conde­scended to pay chamber-rent at first, and have done it so long; It was because I had extraordinary potent adversaries to deale withall, viz. [Page 18] the House of Lords, or Peeres, as they are called, who had pretty-well managed their dealings with me like tyrants, in keeping very strictly my friends from me, and also pen, ink, and paper, that so I was debarred of all ability in the world, to publish to the view of the whole kingdome, my own innocency, and their inhumane and barbarous tyranny, which they knew well enough I would doe, if I had not been debarred of all meanes to doe it, and then fell upon me, and transcendently sentenced me to pay 4000. l &c. and illegally and unjustly entred notorious crimes against me in their records. And you know I told you at my first comming to the Tower, I was refreshed at the hopes of my being freed from my close imprisonment; but your falling so heavily upon me as you did, struck me to the heart and made me beleeve it was possible I might have been destroyed before I should have an opportunity publickly to cleare my own un­spotted innocency in reference to the Lords, and to anatomize their tyranny; both of which my soul thirsted after: and therefore if I had been able, I would have purchased an opportunity to have done it, though it had cost me 20. l a week. And-truly, Sir, I have done my doe, and in despite of all the Lords, published, and truly and faith­fully stated my cause to the view of the whole Kingdome. First, in my Wives Petition, delivered by her to the House of Commons, Septem. 23. 1646. which I pen'd and framed my selfe without the help or assistance of any Lawyer in England. And secondly, in my Book called, Londons Liberty in Chains discovered. And thirdly, twice before the Committee of the Honorable House of Commons. The last discourse of which I published to the view of all the Cōmons of England, and called it, An Anatomy of the Lords tyranny. And be­sides, some of my friends, or well-wishers have done it excellent well for me, in those two notable Discourses called, Vox Plebis, and, Regall Tyranny discovered, which will live when I am dead; and be (I hope) as good as winding-sheets unto the Lords; and therefore I am now ready for a Dungeon, or Irons, or Death it self, or any tor­ture or torment that their malice can inflict upon me; and seeing that I cannot by any means I can use, get my report made to the House of Commons, and so enjoy justice and right at their hands, (which I beg not of them as a Boon, but chalenge of them as my due and right) by reason of the Lords, and the rest of their Prerogative Co-partners in­fluence into the House Commons, to divert them from the great af­faires [Page 19] of the Kingdome, in doing justice and right unto the oppres­sed, and putting them upon making Lawes, Edicts, and Decla­rations, to persecute and destroy the generation of the righteous, and so bring the wrath and vengeance of heaven and earth upon them and theirs: (Read Mr. Thomas Goodwins Sermon preached before them Feb. 25. 1645. called, The great Interest of States and Kingdomes) and also lay a great blot of reproach upon them by all the rationall men in the world, for endevouring to destroy a generation of peace­able and quiet-minded men, that have contributed all they had and have in the world, for their preservation; and by whose undaunted valour and blood-shed, as principall instruments they enjoy liberty at this day, to sit in the House of Commons, and to be what they are. (Sure I am, the Spirit of God saith, That he that rewardeth evill for good, evill shall not depart from his House, Prov. 17.13.) And yet for any thing I can perceive, the best reward is intended these men from those they have done so much for, is ruine and destruction, that so that Antichristian office and function of Priesthood, newly transformed into a pretended godly and reformed Presbyter, may a­gain be established, although by the second Article of the Cove­nant (now more magnified by the sonnes of darknesse add blind­nesse, then the Book of God) they have expresly sworn to root up that Function by the roots. The words of the Covenant are, That we shall in like manner, without respect of persons, endevour the extirpation of Popery, Prelacy, (that is, Church-government by Archbishops, Bishops, their Chancellors and Commissaries, Deans, Deans and Chapters, Arch-Deacons, and all other Ecclesiastical officers depending on that Hierarchy) superstition, heresie, schisme, prephaneness, &c. Mark the sentence, And all other Ecclesiasticall Officers depending on that Hierarchy. In the num­ber of which are those pretended reformed presbyter-Ministers, that either sit in the Assembly, or are in any other place in the Kingdom, that officiate by vertue of their Ordination, which they had from the Bishops, or any, by vertue of their Authority. And I will maintain it with my life, that he is a forsworn man (whether he be Parliament­man or other) that hath taken the Covenant, and doth contribute any of his assistance, to maintain, preserve, and uphold that Ordination of the Presbyterian Ministers, that they received from the Bishops; or punish, any man for writing preaching, or speaking against it, or any other wayes endevouring the destruction or extirpation thereof. For the expresse [Page 20] words of the Covenant are, that we must endevour the extirpation of all Officers (without exception) depending on that Hierarchy; part of which, all the fore-mentioned Ministers are, being ordained Priests and Deacons by the Bishops, and have no other Ordination to this very day, but what they had fro them. But if they shal say, they were ordained by them not as Bishops, but as Presbyters; I answer, This is a simple foppish distinction: For as well may the Bishops say, They were not ordained by the Pope, or his Bishops, quatenus as Pope or Bi­shops▪ but quatenus as Presbyter, or Presbyters, and so are in every particular as lawfull Ministers as any of these men that have their or­dination from them, and yet have endevoured to draw the whole Kingdom into a Covenant sinfully to extirpate them that are Christs Ministers upon their own Principles, as really, truly, and formally, as any of themselves. But in the second place, if they were ordained Presbyters by the Bishops, not as Bishops, but as Presbyters, then are these present reformed Ministers lesse then Presbyters. For the Author to the Hebrewes, chap. 7. v. 7. saith, Without all contradiction, the lesse is blessed of the better, or greater. And I desire the learned Presbyters to shew me one example in all the New Testament, that ever any Officer ordained another Officer in the same Office and Functi­on that he himselfe was in. Thirdly, I desire to know of these refor­med Presbyterian Ministers, that seeing as they themselves confesse, the Bishops Office and Function was and is Antichristian, how is it possible their Ministeriall Function, or Ordination, can be Chri­stian, that like a streame flowed from them the fountain? Sure I am, Job demands this question; Who can bring a clean thing out of an un­clean? And by the same Spirit of God he answers; Not one, Job. 14.4. And James interrogates, saying, Doth a Fountain send forth at the same place, sweet water and bitter? Or can the Fig-tree, my brethren, beare Olive-berries? either a Vine; Figges? Therefore in a positive negation he concludes, that no Fountain can both yeeld salt water and fresh.

And therefore seeing THOMAS THE GANGRENA, the Rabshakeh Champion of the new sprung-up Sect in England of Presbyters, who may more truly and properly, be called Schisma­tickes, then any of those he so brands; for they have separated from their Ghostly Fathers the Bishops, and yet are glad to hold their or­dination, and are therefore schismaticall.

[Page 21]And therefore seeing in his last GANGRENA he hath fal­len so point-blank upon me, for no other cause but for standing for the Fundamentall Lawes of England; which, if he had not an ab­solute desire to be notoriously forsworn, he might know his Co­venant binds him to doe the same. But seeing he there playes the sim­ple man to fight with his own shadow, and doth not in the least meddle, for any thing I can perceive (by so much as I have read of his Book, which, so near as I could find, was every place where I was mentioned) with the Statutes and other Legall Authorities, as I cite in my wives petition, and else-where, to prove, That all the Commoners of England ought in all criminall cases to be tryed by their Peeres, that is, Equals; and that the House of Lords, in the least, are not the Peeres of Commoners: And therefore seeing seemingly by that ulcerous book, he hath given me something to answer that concerns me, I will really and substantially give him some­thing to answer, that in good earnest concerneth him, and all the rest of his bloody-minded pretended reformed fellow-Clergy Presbyters; that lying, deceitfull, forsworn, and bloody Sect, of whom it is true that the Prophet said of the Prophets of old, That they make the people to erre, and bite with their teeth, and cry peace; and he that putteth not into their mouthes, they even prepare warre against him, Micah 3.5. And that at present I have to put to him to answer, shall be certain Arguments which I made when I was close priso­ner in irons in the Fleet, against the then Episcopall Ministers of the Church of England, and will serve in every particular, against the present Presbyteriall Ministers, and you shall find them thus laid down in the 23. page of my Book called, An Answer to 9. Ar­guments written by T. B. and printed at London 1645.

First, Thtt every lawfull Pastor, Bishop, Minister, or Officer in the visible Church of Christ, ought to have a lawfull call, and be lawfully chosen into his Office, before he can be a true Officer in the Church of Christ, Acts 1.23, 24, 25. & 6.3.5, 6. & 14.23. Gal. 1.1. Heb. 5.4.

But the Ministers and Officers in the Church of England, (as well Presbyterian as Episcopall) have not a lawfull call, neither are law­fully chosen to be officers in the Church of Christ. See the Book of Or­dination of Bishops, Priests, and Deacons, as also the Directory, and compare them with the Scripture.

[Page 22] Therefore all your Ministers are false and Antichristian Officers. Rev. 9.3. and 13.2. and 16.13.

Secondly, the doing of those actions that belong to the execution of an Office, doth not prove a man to be a lawfull Officer, but a lawfull power instating him into his Office. Acts. 8.4.11.19.20. and 18.24, 25, 26. 1 Cor. 14.29, 30, 31. 1 Pet. 4.10.

But all the Ministers in the Church of England have nothing to prove the lawfulnesse of their standing in the Ministery, but the acti­ons of a Minister, and are not in the least able to prove that they are instated into their Ministery by vertue of a lawfull power and au­thority.

Therefore they are no true Ministers of Christ, but false and Anti­christian Ministers of Antichrist.

Thirdly, againe in the third place upon your own grounds I frame this Argument.

Those that by their Ministery do not accomplish the same ends, that the Ministery of the Apostles did, are no true Mini­sters.

But the Ministers of the Church of England do not accomplish the same ends by their Ministery, that the Ministery of the Apostles did, 1 Cor. 11.2.

Therefore your Ministers are no true Ministers of Iesus Christ.

But Gangrena one word more at present to you, seeing in the 217.218. pages of your late 3. Gangrena, you fall so exceeding heavie upon me, and my honest Camerade Mr. Overton, and say that these 2. audacious men, their dareing bookes shall escape without exem­plary punishment, and instead thereof be countenanced and set free, I do as a Minister pronouncae (but I say it is as one of Sathans) that the plague of God will fall upon the heads of those that are the cause of it.

Come Antagonist, let us come to a period; for I hope, for all your mallice you are not yet so farre gone beyond your selfe as to desire to have me hanged or killed, and then condemned and adjudged, and therefore I will make you 2. faire propositions.

First, (in reference to the Lords whose Goliah and Rabshaca-like Champion you are) that if you please to joyne with me in a desire to both Houses, I will so far go below my selfe, and my present appeale [Page 23] now in the House of Commons, (alwayes provided it may be no preju­dice to the benefit I justly expect from my said appeale) and joyne with you in this desire, that there may be by both Houses, a proportionable number thereof, mutually by themselves chosen out, to set openly, and publickly in the painted Chamber, where I will against you by the esta­blished Lawes of this Land, maintaine against you and all the Lawyers you can bring, this position (which is absolutely the contest betwixt the Lords and me) THAT THE LORDS AS A HOVSE OF PEERS, HATH NO JVRISDISCTION AT ALL OVER ANY COMMONER IN ENGLAND, IN ANY CRIMI­NALL CASE WHATSOEVER, and if you will, I will wholly as in reference to the contest betwixt you and me, stand to the vote, and abide the judgement and sentence of that very Committee, whose vote upon the fore-mentioned tearmes, if you will tye your selfe, I will tye my selfe, ei­ther actively to execute, or passively to suffer and undergo it.

In the second place, because so farre as I am able to understand your meaning, in your fore-mentioned pages, you would have me dealt withall, as the Earle of Strafford, and the Bishop of Canterbury was, for indeavouring (as you say) with so much violence, the over­throw of the three Estates, and the Lawes of the Kingdome, and in the stead of the fundamentall Government and constitution of this King­dome, to set up an Vtopian Anarchy of the promiscuous multitude and the lusts and uncertaine fancies of weake people, for Lawes and Rules.

Now in regard of the distractions of the Kingdome which are many, and that they might not be made wider by new bookes from either of us, I shall be very willing for peace and quiets sake, to joyne with you in a Petition to the House of Commons, to appoint a select Committee publickly to examin all things that are a misse in your bookes and myne, and to punish either, or both, according to Law and Iustice without partiality, and I appeale to all rationall men in the world, whether I have not offered fayre or no.

But in regard I know not whether you will imbrace my proffer, I shall speake a little more for my selfe, and reduce all to these three heads.

First, whether the Lords have by the known Law of the Land any jurisdiction of the Commons, or no?

Secondly, whether in the Parliaments own publick declarations in Mr. Prinns soveraigne power of Parliaments, and in the Assemblies [Page 24] exhortation to the solemn legall Covenant, and other Presbyterian books, licenced by publike authority, and others sold without controule, there be no more said to justifie and maintain, that which Gangrena calles Vtopian Anarchy, then in any bookes whatsoever published by these he calles Sectaries.

Thirdly, whether or no that out of my own words, in my booke, called INNOCENCIE AND TRVTH JVSTIFIED, there can any thing be drawn to justifie the Lords in that which now I con­demn them in? as Gangrena affirmes, pag. 157, 158.

For the first, see what the ninth Chapter of Magna Charta saith.

No freeman shall he taken or imprisoned, or be disseised of his free hold, or Liberties, or free Customes, or be outlawed, or exiled, or any otherwise destroyed, nor we will not passe upon him, nor condemn him, but by lawfull judgment of his PEERS, or by the Law of the Land.

See the 3. of E. 1. ch. 6. And that no City, Borough, or Towne, nor any man be amerced wiithout reasonable cause, and according to the quantity of his trespasse, 9. H. 3. 14. that is to say, every free man, saving his freehold, a Merchant saving his Merchandise, a vil­lain saving his waynage, and that by his or their Peers.

Now here is the expresse Law of the Land against the Lords ju­risdiction over Commons in criminall cases.

Now in the second place, let us see what one of the ablest expo­sitors of the Law that ever writ in England, saith, of this very thing▪ and that is Sir Edward Cooke, in his exposition of Magna Charta 2. part institutes, which book is published by two speciall orders of the present House of Commons, as in the last page thereof you may read: who, in his expounding the 14 Chapter of Mag­na Charta, p. 28. saith, Peers signifies, Equalls, and pag. 29. he saith, the generall division of persons by the Law of England, is either one that is noble, and in respect of his nobility, of the Lords House in Par­liament; or one of the Commons of the Realms, and in respect thereof, of the House of Commons in Parliament, and as there be divers degrees of Nobility, as Dukes, Marquesses, Earles, Viscounts, and Barrons, and yet all of them are comprehended within this word, PARES; so of the Commons of the Realme, there be Knights, Esquires, Gentle­men, Citizens, Yeomen, and Burgesses of severall degrees, and yet all of them of the COMMONS of the Realme, and as every of the No­bles [Page 25] is one Peere to another, though he be of a severall degree, so is it of the Commons; and as it hath been said of men, so doth it hold of No­ble-women, either by birth, or by marriage, but see hereof Chap. 29.

And in Chap. 29 pag. 46. Ibim: he saith, no man shall be disseised, that is, put out of [...]eison, or dispossessed of his freehold (that is) Lands, or livelihood, or his liberties, or free Customs, that is, of such franchises, and freedoms, and free Customs, as belong to him by his birth-right, unlesse it be by lawfull judgment, that is, verdict of his equalls (that is men of his own condition) or by the Law of the Land, (that is, to speake it once for all) by the due course, and processe of Law.

No man shall be in any sort destroyed, (to destroy id est; what was first built and made, wholly to overthrow and pull downe) unlesse it be by the verdict of his equalls, or according to the Law of the Land.

And so saith he is the sentence (neither will we passe upon him) to be understood, but by the judgment of his Peers, that is equalls, or according to the Law of the Land, see him page 48. upon this sen­tence, per judicium Parium suorum, and page 50. he saith it was in­acted that the Lords and Peers of the Realme should not give judgment upon any but their Peers: and cites, Rot. Parl. 4. E. 3. nu. 6. but making inquiry at the Record-Office in the Tower, I had this which followes, from under the hand of Mr. William Colet the Record-Keeper.

[Page 28]It is the saying of the spirit of God Eccle. 4.9.12. two are better than one, and a threefold cord is not easily broken, so that to prove my position true for all the Rabshaca Language of Gangrena, I have first the fundamentall Law point blank on my side, and 2. the Judgment of one of the ablest Lawyers that ever writ in England and his Judgment authorised (as good and sound) by the present House of Commons, to be published to the view of the whole Kingdome, and 3. the Lords own confession, for if you marke well, the 2. last lines, of the forecited record, you shall finde, they ingeniously confesse and declare, that it it against the Law of the Land, for them to judge a Commoner, and for further confirmation of this, reade Vox Plebis pag. 18. 19. 36, 37, 38, 39, 40, 41, 42. 44. 45. But if the Vlcerous Gangrena please to read a late printed booke, called Regall Tyranny discovered, he shall finde that the author of that Book, in his 43, 44, 45, 46, 47, 86. pages, lays down many strong ar­guments to prove, That the House of Lords have no Legislative power at all. And in his 94, 95, 96, 97. pages, he declares & proves, That be­fore Will. the Conqueror subdued the rights and priviledges of Parlia­ments, the King and the Commons held and kept Parliaments without temporall Lords, Bishops, or Abbots. The two last of which, he proves, had as true and as good a right to sit in Parliament, as any of the present Lords now sitting at Westminster, either now have, or ever had.

For the second thing, which is, Whether or no there be not in the present Parliaments Declarations, and in the Assemblies exhortati­on to take the Covenant, and in Mr. Prynnes Soveraigne power of Parliaments, and other Presbyterian books publickly licenced, and o­thers sold without controll, as much, if not more, said, to set up, or maintain that which Gangrena calls Vtopian Anarchy, then in any Book what ever published by those he calls Sectaries: And I averre it positively, There is, and shall joyn issue with Gangrena to prove it in every particular. Therefore let him publish an exact Ca­talogue of any of our Positions, when he pleaseth, and I doubt not, but to make it evident, that it cannot justly by them be counted any vice in us, to tread in their steps, especially seeing they have accounted them so full of piety, truth and honesty; as they have done.

Now first, for the Parliaments Declarations, read but the Kings answers to them, and you shall easily see he layes it as deeply to their charge of endevouring to set up Anarchy, as Gangrena doth either [Page 29] to mine or Mr. Overtons; yea, and instances the particulars, and tels them plainly, The Arguments they use against him, will very well in time serve the people to turn against themselves.

And as for Mr. Prynnes Soveraigne power of Parliaments, I never read more of that Doctrine (in any Book in all my life) that Gan­grena so much condemnes in me, &c. then in that very Book, which is licenced by Mr. White, a member of the House of Commons, and in his dayes as stiffe a Presbyterian as Gangrena himselfe. See his 1. part Sover. pag. 5, 7, 8, 9, 19, 26, 29, 34, 35, 36, 37. But especi­ally 42, 43, 44, 47, 57, 92. And 2. part, pag. 41, 42, 43, 44 45, 46. & 73 74 75, 76 & 3. part. 11, 12, 13, 14, 15, 16, 17. & 61, 62, 63, 64, 65. & 131, 132, 133.

And 4. part, pag. 10, 11, 15, 16. See his Appendix there, unto pag. 1, 2, 3, 4, 5▪ and 11: 12. 13, &c.

Besides these, see the first and second part of the Observations; Maximes unfolded; the case of Ship-money briefly discoursed; A new Plea for the Parlement; A fuller Answer to a Treatise, written by Dr. Fern, with divers others.

Now for the third thing, which is the tryumph Gangrena makes in his 3 part Gangrena, pag. 158. which is, that in my book, (called Innocency and Truth justified, which I published the last year, 1645.) I give that to the Lords, which now I in 1646. in many wicked Pam­plets would take away from them: such new light, saith he, hath the successe of the new modell; and the recruit of the house of Commons brought to the Sectaries: Well I will the man stand to this? if hee will, then I desire the impartiall Reader to judge betwixt us, and turn to the 11, 12, 36 37, 74. pages of that book: in which pages, is con­tained all that any way makes to his purpose; or else turn to the 157 pag. of his book, and see, if in all my words there quoted by him, there is any thing that carryes the shadow of giving that to the Lords, that now I would take from them; for there I am a reasoning with Mr. Pryn, or the house of Commons, not upon my principles, but their own.

And therefore, I say, a Committee of the house of Commons, is not the whole Parliament; no, nor the whole house of Commons it self, according to their own principles, which is the only clause he can fix upon.

And good Mr. Gangrena, is it not as just, and as man-like in me, [Page 30] if I be set upon, by you, when I have no better weapons to cudgell you with, then your own, to take them from you, & knock your pate, as to make use of my own proper weapons, to cut you soundly, or any other man that shall assault me to the hazzard of my Being; & this is just my case, that you count such a disgrace unto me.

But say you there, I have owned their legislative power, and their judicative power over Commons: Therefore, you draw an inference to condemn me from mine own practise. Alas man! may not I law­fully seek or receive a good turn from the hands of any man; and yet as lawfully do my best, to refuse a mischief from him?

But secondly, I answer, what though the 4. of May, 1641. I stooped to a tryal at the Lords Barre, upon an impeachment against me, by the King, doth that ever the more justifie their Authority, or declare me to be mutable and unstable? No, not in the least; for you cannot but know the saying of that most excellent Apostle Paul, 1 Cor. 13.11. When I was a child, I spake as a child, I understood as a child, I thought as a child; but when I became a man, I put away childish things. So say I to you; five or six yeares ago, I knew nothing but the Lords Jurisdiction was as much more above the House of Commons (over Commons) as their Robes and Grandeur in which they sate was a­bove them; especially, seeing at all Conferences betwixt both Hou­ses, I see the members of the house of Commons stand bare before the Lords: for which action I now see no ground for, especially having of late read so many bookes which discourse upon the Lords jurisdi­ction, which was upon this ground about a moneth or six weeks.

A Gentleman, a Member of the house of Commons, and one that I believe, wisheth me well, bid me look to my self; for to his knowledg, there was a design amongst some of the Lords (the grounds of reasons of which, he then told me) to clap me by the heeles, and to fall so hea­vie upon me, as to crush me in pieces, or else make me at least an ex­ample, to terrifie others, that they should not dare to stand for their Rights.

And being thus fore-warned, I was half armed, which made me discourse upon every opportunity with any that I thought knew any thing of the Lords Jurisdiction, and I found by a generall concur­rence, that the 29. Chap. of Magna Charta, was expresly against the Lords Jurisdiction over Commoners in all criminall cases: And upon that ground I protested against them: and then upon further inquiry [Page 31] I found Sir Edward Cookes Judgment expresly against them, and is before recited: which book, Mr. Gangraena, I must tell you, is publi­shed since my first tryall before the Lords, and was not publikely in being when I then stooped unto their Jurisdiction; and then coming prisoner to the Tower, one of my fellow-prisoners very honestly told me of the fore-mentioned Record of Sir Simon de Bereford, which presently with all speed under M Colets hand I got out of the Record-Office:

All which just and legall authorities and testimonie makes me so stiffe against the Lords, as I am; and I hope I shall continue to the death against them in the thing in question betwixt us, as unmove­able as a brazen Wall, come hanging, come burning, or cutting in pieces, or starving, or the worst that all their malice, and the ulcerous Gangrena Priests put together can inflict: For all that I principally care for, is to see if the thing I engage in, be just; and if my conscience upon solid and mature deliberation, tell me it is, I will by the strength of God, if once I be engaged in it, either go through with it, or dy in the midst of it, though there be not one man in the world absolutely of my mind, to back me in it.

But lastly, admit in former times, I had been as absolute a Pleader for the Lords Jurisdiction over Commons, as now I am against them.

Yet truly, a man of Mr. Gangraenaes coat, is the unfittest man in the Kingdom to reprove me for it: For his Tribe, I mean of Priests and Deacons, those little toes of Antichrist, now called reformed Presby­ters, are such a Weather-cock, unstable generation of wavering min­ded men, as the like are not in the whole Kingdome.

For their Predecessours in Henry the 8. dayes, were first for the Pope▪ and all his Drudgeries, and then for the King and his new Religion, and then 3. in his time, returned to rheir vomit again: and then 4. in Edward the 6. dayes, became by his Proclamation godly reformed Protestants: and then 5. in Queen Maries dayes, by the authority of her and her Parliament (which Parliament, I do aver it, & will main­tain, had as true a ground to set up compulsive Popery, as this present Parliament hath to set up compulsive Presbytery) became for the ge­nerality of them bloudy and persecuting Papists: And then 6. by the Authority of Queen Elizabeth and her Parliament (who had no po­wer at all, no more then this present Parliament, to wrest the Scepter [Page 32] of Christ out of his hands, and usurpedly to assume the Legislative Power of Christ, to make Lawes to govern the Consciences of his people; which they have nothing at all to do with, He having made perfect, compleat, and unchangeable, Lawes himself, Esa 9.6, 7, and 33.20, 22. Acts 1.3. and 3.22, 23. and 20.26, 27. 1 Cor. 11.1, 2. 1 Tim. 6.13, 14. Heb. 3 2, 3, 6) became again a Generation of pure and reformed Protestants, and have so continued to this present Parliament: But now like a company of notorious forsworn men (who will be of any Re­ligion in the world, so it carry along with it profit and power) after they have for the generality of them, taken and sworn six or seven Oaths, that the Bishops were the only true Church-government, and that they would be true to them to the death.

Yet have now turned the 7th time, and ingaged the Parliament and Kingdom in an impossible-to-be-kept oath and Covenant, to root up their ghostly Fathers the Bishops as Antichristian, from whom, as Mi­nisters they received their Life and Being.

Yea, and now the 8th. time haue turned & fallen from that Cove­nant and Oath, by which they made all swear that took it; not onely to root out Bishops, but all Officers whatsoever that depend upon them: in the number of which, are all themselves, having no other ordination to their Ministery, but what they had from them, and so are properly, really, and truly dependents upon them; and yet now of late have by themselves and instruments, as it were forced the House of Commons to passe a vote, to declare themselves all forsworn, that had a finger in that vote, and so a people not fit to be trusted: For, by their late Vote, no man what ever must preach and declare Jesus Christ; but he that is ordained; that is to say, unlesse they be depending on the Bishops by Ordination, or else on the Presbyters, who are no Presbyters, unlesse they depend on the Bishops for their Ordination; for they have no other: and what is this else, but to punish every one that shal truly en­deavour the true and reall performance of the Covenant? Truly, we have lived to a fine forsworn age, that men must be punished, and made uncapable to bear any office in the Kingdome, if they will not take the Co­venant.

And then if they do take it, it shall be as bad, if they will not for­swear themselves every moment of time, that the Assembly shal judg it convenient, and the house of Commons vote it.

And truly, there is in my judgment a good stalking-horse for this [Page 33] practise in the Assembly of Dry-vines (alias Divines, Deut. 32.32, 33. Esa 44.52.) Exhortation to take the Covenant, in these words, and if yet there should any oath be found, into which any Ministers or others have entred, not warranted by the Lawes of God and the Land, in this case, they must teach themselves and others, that such Oaths call for, ra­pentance, not particularly in them; that is to say, that neither the Co­venant, nor any other Oath whatsoever, that they have before, or hereafter shall take, binds them any longer then the time that they please to say it, is not warrantable by the Lawes of God, & the Land, and so by this Synodian Doctrine, a man may take a hundred Oaths in a day, and not be bound by any of them, if he please.

Besides, I would fain know, if by the Parliaments so eager pres­sing of the Covenant, they do not presse the hastening of many of their own destructions: For by the Covenant every man that takes it, is bound thereby to maintain and preserve the fundamental lawes of the Kingdome, with us every day troden under foot, by some of the members of both Houses arbitrary practices, not onely towards Cavaliers, (for which they have some colour by pleading necessity) but also towards those of their own party, that have as freely and uprightly adventured their lives to preserve the lawes and liberties of the Kingdome, as any of themselves: for justice and right effectu­ally they have scarce done to any man that is a suiter to them. And therefore I here chalenge all the Members of both Houses, from the first day of their sitting to this present houre, to instance me, that man in England, that is none of themselves, nor dependance upon them­selves, that they have done effectuall justice to, though they have had thousands of Petitioners and Complainants for grand grievances be­fore the Parliament; some of which have, to my knowledge, even spent themselves with prosecuting their businesse before them, and run themselves many hundred pounds thick into debt to manage their businesse before them, and yet to this houre not one peny the better; and yet they can finde time enough since I came prisoner to the Tower, to share about 200000.l of the Common-wealths mony amongst themselves, as may clearly be particularized by their owne newes bookes licenced by one of their own Clerkes. O horrible and tyrannicall wickednesse! Was a Parliament in England ever called for that end, as to rob and poll the poore common people, and to force those that have scarce bread to put in their mouthes, to pay excise, [Page 34] and other taxations, or else to rob and plunder them of all they have, and then share it amongst the members of both houses; as 10000.l to one man, 6000.l to another, 5000.l &c. to another, and this many times to those that never hazarded their lives for the Weal-publique; no, nor some of thē never intended, I am cōfident of it, good to the ge­nerality of the people; but that they should be as absolutely their vas­sals & slaves (if not more) as ever they were the Kings. O thou righteus and powerfull Judge of Heaven and Earth that of all the base things in the world, hatest & abhorrest dissemblers & hypocrites. Jer. 7.9, 10, 11 12. to 16. Matth. 23, deal with these the greatest of Dissemblers thy self, who like so many bloudy and cruell men, have ingaged this poor Kingdom in a bloudy and cruell war, pretendedly for the preservati­on of their lawes and liberties; when as God knowes by a constant series of actions, they declare they never truly and really intended a­ny such thing, but meerly by the bloud and treasure of the people, to make themselves tyrannicall Lords and Masters over them: So that for my part, if I should take the Covenant, I protest it before the God of Heaven and Earth, without fear or dread of any man breathing, I should judge it my duty, and that I were bound unto it in duty, in consci­ence, by vertue of my oath, to do my utmost to prosecute even to the death, with my sword in my hand, every member of both houses, that should visibly ingage in the destruction of the fundamentall Lawes & Liberties of England, and prosecute them with as much zeal, as ever any of them prosecuted the King: for tyrannie, is tyrannie, exercised by whom soever; yea, though it be by members of Parliament, as well as by the King, and they themselves have taught us by their Declarati­ons and practises, that tyrannie is resistable; and therefore, their Ar­guments against the King, may very well serve against themselves, if speedily they turn not over a new leaf: for what is tyrannie, but to admit no rule to govern by, but their own wils? 1 part col. declar. pag. 284, 694.

But Tho: Gangrana, one word more to you; your threatning to write a book against liberty of Conscience, and toleration of Religion: I pray let me ask you this question, if the Magistrate, quatenus as Ma­gistrate, be Judge of the Conscience, and thereby is indowed with a power to punish all men that he judgeth, conceiveth, or confidently believeth, are erroneous and hereticall; or, because in Religion he dif­fereth from the magisterial Religion in the place where he lives; Then [Page 35] I pray tell me, whether all Magistrates, quatenus as Magistrates, have not the very same power? And if so, then doth it not undeniably fol­low, that Queen Mary and her Parliament did just in her dayes, in ma­king a law to burn those Heretiques, that dissented from her establi­shed Religion? who were as grose in their tenents in the then present Magistrates eyes, as any of your Sectaries tenents are now in the pre­sent Magistrates eyes, and if you, and your bloody-brethren of the Clergy-Presbytery, shal ingage the present Parliament and Magistra­cie, to prosecute the Saints and people of God, under pretence of he­retical Opinions, I wil upon the hazzard of my life justifie and prove it against you, and the present Parliament, that you and they thereby justifie Q. Mary in murdering and burning the Saints in her dayes; yea, and all the bloudy-persecuting Roman Emperors, that caused to be murdered thousands of the Saints, for bearing witnesse to the te­stimony of Jesus; yea, and all the persecutions of the Jewes, against Christ and his Apostles; yea, and the putting them to death, and so bring upon your own heads all the righteous bloud shed upon the Earth, from the dayes of righteous Abel, to this present day, Mat. 23.29, 30, 32, 33, 34, 35. which I warrant you will bring wrath and vengeance e­nough upon you.

Now Mr. Lieutenant, a few words more to you, and so conclude; I desire you in the next place, not only to provide me gratis, a prison-Lodging, for I can pay Chamber-rent no longer; but also to provide me my diet, according ro the custome of the place; for you cannot but know, and if you do not, I now tell you that the King was alwayes so noble and just, as to do it to all the Prisoners he committed to this place, of what quality soever: of the truth of which,Who as I have lately heard, con­fessed hee spent his Maj. 1500.l while he was a prisoner heere. Col. Long, Col. Hollis, and Mr. Selden, &c. now members of the house of Commons, can in­forme you; and how that themselues, when they were the Kings pri­soners here in the 3. of His Raign (for speaking and acting freely in the Parliament) were maintained by the King, according to their quali­ties, though some of them had great estates of their own, in their own possessions and enjoyments; and now, as the newes-books tell me, are voted 5000.l a piece, for their then illegal sufferings.

And Sir, the Lords who committed me hither, have in a great mea­sure the Kings Revenue in their hands at their dispose; and therefore, I expect, now I seek for it, they shall be as just as their Master (whom they have so much condemned for injustice) and provide for me, ac­cording [Page 9] to my quality. And, Sir, I must tell you, that I am very confident I have as many noble qualities in me, and as much of a man in every respect, as any of those that sent me hither; (For Titles of Honour, without Honesty and Justice, are no excellenter then a gold ring in a Swines snout;) Yea, and have given as large a declaration of it to the view of the world, as a­ny of them, what ever, hath done. And therefore, Sir, if they shall deny me this peece of justice and equity, I will, by Gods assistance, tell them as well of it, as ever they were told in their lives.

But, Sir, in the third place, if this faile me, I desire you to speake to them to allow me interest for my two thousand pounds, (it being scarce twice so much as I have spent since I first became a suiter for it,) that they the last year decreed me, for my illegall, bloody, barba­rous, and inhumane sufferings by the Star-Chamber; which, I dare confidently say, were more tormenting then all the sufferings of the above-mentioned Gentlemen, and their co-partners. (See my prin­ted Relation of it made at the Lords Barre 13. Feb. 1645.) For which, as I understand, there is 50000. l reparations voted them by the House of Commons,) that so I may have something of my own to live upon. For without some of the three fore-mentioned things be done for me; I must either perish, or run exceedingly into debt, which, I professe, I am very loath to to doe: or lastly, live upon the alms of my friends, which, I confesse, is not pleasant unto me. And besides, the freest horse, or horses in the world, with continuall ri­ding, may not onely be wearied, but also jaded and tyred.

But if they will not yeeld that I shall have my lodging gratis, and my diet found by them, nor interest for my many yeares expected, and long-looked-for 2000. l that last yeare they decreed me; nor the remainder of my just Arrears, (which yet is divers hundreds of pounds, that I faithfully, valiantly, and dearly earned with the losse of my blood) to maintain and keep me alive, and my wife and small children.

Then, as my last request, I intreat from you, to desire them to call me out to a legall tryall, and by the law of the Kingdome, (but not their arbitrary wils) either to be justified or condemned. And here, under my hand, I professe, I crave nor desire, neither mercy nor favour at their hands, but bid defiance to all the adversaries I I have in England, both great and small, to doe the worst their ma­lice [Page 7] can unto me; alwayes provided, I may have a legall tryall, by my Peeres, my Equals, men of my own condition; according to the just, established, unrepealed, fundamentall law of the Land, contai­ned in Magna Charta, and the Petition of Right: And truly, Sir, if upon these tearmes they will not call me out, but resolve to keep me here still, I will, by Gods assistance, before many moneths be expi­red, give them cause (with a witnesse) to call me out: for here, if I can help it, I will not be destroyed with a languishing death, though it cost me hewing to peeces, as small as flesh to the pot. For if it had not been that my report hath lain so long dormant in the hands of Col. Henry Martin, the glory of his Age amongst Parliament men, for a lover of his Countrey; whose credit and reputation I ingeniously confesse, I should be very loath in the least (if I could avoid it) to bespatter.

But in regard by all the meanes and friends I can use to him, I can­not get him to make my report; though I desire nothing at his hands but a bare indeavour of the discharge of his duty, to quit himselfe of it, let the issue be good or bad, all is one to me, so it were but done, or endeavoured to be done: I had long since made a formal appeal to the people, but in regard of my constant hard usage both from divers Lords and Commons, and their Jaylors, and other instruments, & the many unresistable prickings forward of my own spirit, which presseth me rather to hazzard the undergoing of Sampsons portion, Judg. 16.21. then to be forced to degenerate frō the principles of Reason (the King or chiefe of all Creatures) into the habit of a bruit beast, and so to live a slave or vassal under any power under the Cope of Heaven, whether Regal or Parliamentary or what ever it be.

And therefore, having now with a long deliberated deliberation, committed my wife and children to the tuition, care, and protection of a powerful God, whom, for above these ten years, I haue feelingly, and sensibly known as my God in Jesus Christ; who with a mighty protection, & preservation hath been with me in six troubles, and in seven, and from the very day of my publique Contest with the Bi­shops; hath inabled me to carry my life in my hands, and to have it alwayes in a readinesse, to lay it down in a quarter of an hours warn­ing, knowing that he hath in store for me a mansion of eternal glory.

All these things considered, I am now determined, by the strength of God, if I speedily haue not that Justice, which the Law of England [Page 38] affords me, which is all I crave, or stand in need of, no longer to wait upon the destructive seasons of prudentiall men: but forthwith to make a formal Appeal to all the Commons of the Kingdome of Eng­land, and Dominion of Wales, and set my credit upon the tenters to get money to print 20000. of them, and send them gratis to all the Counties thereof: the ingredients of which shall be filled with the Parliaments own Declarations and Arguments against the King, tur­ned upon themselues, and their present practise, and with a little Nar­rative of my Star-chamber tyrannicall sufferings; and those I haue there to complain of, are first Dr. Lamb, Guin, and Aliot, for commit­ting me. And 2. Lord-Keeper Coventry, Lord Privie-Seal Manchester (that corruptest of men, whose unworthy Son, is now, and hath been for some years, the chiefe Prosecutor of my ruine, for no other cause, but that I have been honest, valiant, and faithfull, in discharging the trust re­posed in me, which he himself was not) my L. Newburgh, old Sir Henry Vane (a man as full of guilt, as any is in England, whose basenesse & unworthi­nesse I shall anatomize to the purpose) the L. chiefe Justice Bramston, & Judg Jones, who sentenced me to the Pillory, and to be whipt, &c. And then 3. Canterbury, Coventry, Manchester, Bishop of London, E. of Arun­del, Earl of Salisbury, Lord Cottington, L. Newburgh, Secretary Cook, & Windebanke, who sentenced me to ly in irons, and to be starved in the prison of the Fleet; With a short Narrative of my usage by Lords and Commons this present Parliament; and conclude with a Declaration of what is the end, wherefore Parliaments by law ought & should be called which is, to redresse mischiefes & grievances, &c. but not to increase them, 4. E. 3. 14. & 36. E. 3. 10. to provide for the peo­ples weal, but not for their woe, Book Declar. 1. part. pag. 150. and yet notwithstanding all the trust reposed in them, and all the Protestati­ons they have in their publique Declarations, made, faithfully, without any private aimes, or ends of their own, to discharge it: And notwith­standing all the bloud and money, that hath been shed, and spent at their beck and commands, I would fain have any of them to instance me any one Act or Ordinance, since the wars begun, that they have done or made, that is for the universall good of the Commons of Eng­land, who have born the burthen of the day. Sure I am, they have made several Ordinances to establish Monopolies against the Fundamental Lawes of the Kingdom, and thereby haue robbed free-men of their trades and liveli-hoods, that at their command have been abroad a [Page 39] fighting for maintaining the Law; and in practise, annihilated Magna Charta, and the Petition of Right: So that a man (though of their own Party) may perish, if committed by a Parliament-man, or Parliament men, hefore he can get the Judges to grant an Habeas Corpus, to bring him and his cause up to their Bar, there to receive a tryal (secùndum legem terrae) that is according to the Law of the Land, although the Judges be sworn by their oathes to doe it.

So Sir, desiring you seriously to consider of the premises, which I could not conveniently send you, but in print, I rest