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