PLutarch relates, that a certain poore old woman often petitioning King Philip of Macedon to have her cause heard; the King at length gave her this answer, that he was not at leasure, she instantly re­plyed noli itaque Reguari, do not then raign: Which speech the King admiring forthwith not only heard her cause and complaint, but of many others in his proper person. O that our house of Commons would imitate Philip the heathen, and no longer put us off to partiall and justice-delay­ing, I had almost said justice-perverting Committees! Much and long have I sollicited all such as sit in the house in the right of our Country, ex­cept your self who hath been long a Nonresident, to present my Coun­tries grievances and complaints, and to have rhem put in away of tryall; But they not only tell me that they have no leasure, but that they will not, to their shame be it spoken, The heathen will Judge them, Nay they were not onely the chiefe instruments of geting me cast into prison, fearing I should by some other hand bring on my Countries cause to hearing: but most perfideously they have got such in authority with us, as are notorious Delinquents declared traytors, not yet compounded for their treasons (for treasons be now made salable, and but amony matter) though they professe to favour honest men heare, and such as be called Indepen­dants; Yet when I got such men of approved and known integrety, to be a Sub-Committee for accompts for Westm [...]rland and Cumberland; they procured them upon a false certificate to be put out of Commission, and others to be in their stead, as were delinquents and professe enemies to all honest men, and in particular to Independants, Nay they got Com­missions for Oyre and Terminer, and Goale delivery for our Country; but not one of the Commissioners therein named living in our Country, other then Delinquents, and against whom whom there be severall char­ges of high nature, two yeares agoe exhibited to the House of Commons; [Page 2]which we have much laboured to bring to exammination, but cannot g [...] it done; Yet have they been so countenaunced, and borne out by th [...] Lord Wharton, Sir Wilfride Ermyn, Mr. Blackston, and some others I coul [...] name as Sir Willfride Lawson, was continued high Shrieffe for the mo [...] part of the last two yeares; who hath more tira-nized and exercised [...] greater arbitrary power, committed farre greater insolences and ounage [...] then ever the Earle of Stafford did in this Kingdom or Ireland di [...], Not t [...] speak [...] of his late committing men to prison for not conforming to Stat [...] worship, neither how he and other Justices caused to be indicted 3 [...] persons, the Parliaments cordiall friends at Midsummer Sessions last, fo [...] not repairing to the steeple houses and book of Common-prayer, M. Bris­coe the Lord Whartons learned Steward his now bosome friend, and by him preferred to be a Justice of peace, Deputy Lieviennant Committe [...] man and Commissioner of Oyre and Terminer; Yet while the Count [...] was in the enemies hands, the Gentleman joyned with the enemy, to [...] an Oath of obedience to the Commissioners of Array, and sent out ho [...] and Armes against the Parliament. At Midsummer Sessions last, he very learnedly discoursed in his charge, how there were a new kind of Recu­sant [...] worse then Papists, (for indeed Papists he protects) and not one Papist troubled for his Religion there Meaning the seperatists and Inde­pendants, and that they were the cause of all these troubles, and the ene­mies of the Kingdom, whereupon the poore pe [...]ple were indicted: This is the bestoffice the Lord Wharton ever did for us: I know many here have a good opinion of the Lord Wharton, and the rather for that he hath brought you, Mr. Lawrence, and Mr. Sallaway into the house; Indeed you have been for the greatest part absent, so we could not exspect much from you: neither could we well informe you of the true state of our Country; but Mr. Lawrence and Mr. Sallaway have both of them been with me; yet did me nor my Country no good, them I acquainted how the Lord Wharton had used us. I told them how I got our Papers pre­sented to the House by the Scots Commissioners mean s, which I did with Mr. Rigby our kind friend his approbation and good liking, who had con­ference with the Scots Commissioners about our businesse, and for a good compliance betwixt them and us, for the further quiet and ease of honest men in our pa [...]s; which had in all likelihood been brought about, had not Mr. Blackston abused our friends in the house, by misinformation, in making our friends beleeve, Mr. Borwis was Independent and Scottish, and that I carried one the Scottish designe, which was false, though I ac­knowledge I was beholding to some of the Scots Commissioners for cur­tesies rec [...]ived, all which is since clearely manifested; For no sooner was I cast into prison, but Mr. Barwis thinking to make the Scots in [Page 3] [...] base way, his friends upon a certificate from Lawson, Brisco, and [...]e rest of the Committee against the Church in Cumberland, complai­ [...]d to the Northern Committe here, that in the beginning of the Parlia­ [...]ent their was but two Sectaries: meaning Mr. Crackanthrop and my self; [...] we were increased to a hundred, did preach in Private-houses, refu­ [...]d to Baptise our children and made their ministry contemptible, and if [...]e were suffered would grow to greater numbers, desiring some order for [...]ressing us; But having no countenance from the Committee, and re­ [...]ving a checke by some Parliament man, went away in chafe much [...]; saying, though he could not then be heard, time would come he [...]bted not but to have us all suppressed. I, thinke Colonell Liburne [...] then present, he can tell you the particular passages; For Lievtennant Colonell Lilburne his brother was the man that told it me. I further told [...]. Lawrence, how Mr. Prinne upon sight of the Scotch Papers given into [...]e House, very readely procured at my instance a Commission to honest [...]oved men, all or most of them Independant [...], to be a Sub-Committee of [...]pts for Westmerland and Cumberland, not one I named being either [...]quent, accountable, or persecuter, yet all of them suffi [...]ient men for [...] imployment, and of considerable estates, my self being one of the [...]nest, that same being put upon me by Mr. Prinne undeserved. Yet [...] Lord Wharton did under his hand certify to the Grand-Committee [...] accounts here, that the men were of no estates and of so mean equa­ [...]y, as they could neither write, no raed, nor cast up an account; Where­ [...]pon our Commission was revoked. And upon the like false certificat [...] [...]om the Lord Wharton and Sir William Ermyn, others oppointed in o [...] [...]d, who were notorious Delinquents and themselves accountable, and [...] disabled by Ordnance of Parliament to be of that Committee; Thus the Parliament was abused, and our Country wronged, I dare really say or Country was damnified 10 thousand pounds: and the Parliament lost thereby a hundreed thousand pounds. Herein the Lord Wharton did a double wrong to us and the State. First, in putting out honest men, and commending and putting in Commission Knaves and Traytors. Thus while the Lord Wharton would seeme a Saint, he verefies the old proverb: the white Divill is most dangerous. The Lord Wharton being in the Country, Mr. Crackanthrop was commended to him, and put in the last for the standing Committee, but he put him out, Saying, he was an Independant, and non Covenanter. Thus he plaies Machevill, and Janu [...] like, heere Independent saith, but in the North an opposite and Presbi-ter; but to get out the Commissions of Oyre and Terminer, and Goale delivery [...] our Country, the Commissioners therein na-med living in our Coun­ [...]y potorious Delinquents, and professed enemies to all honest men, and [Page 4] [...] [Page 5] [...] [Page 4]and persecuters of Independants he was very active. If you doubt of this, the Clarke of the Crowne Office will better and further satisfie you therein; the Lord Wharton, Mr. Allen and Mr. Lawrence, for you were absent before the Commissions were sealed or given out, were desired to prevent or stay them, and acquainted with the exceptions given in to Mr. Speaker, and your father in law L. G. against them. Yet they did pass [...] and so now, the declared Traytors have power over life and death: [...] thing the King never did before the Warrs begun. Now I acquainted Mr. Lawience (but he sits upon the pinacle of the Temple) and the Lord Wharton, how the Committee of Cumberland being Delinquents, had [...] on Garth their Soliciter and Agent, much countenanced by the Lord Wharton and Barwis, which Garth is a Delinquent and a poore shufling Atturney, and a professed enemy to all honest men. Yet this fellow is allowed by the Committee 100 l. per annum, for waiting here and stop­ing all complaints against the Committee, but the poore Country p [...]ies for all. All this I am able to prove, and herewith I acquainted the Lord Wharton. Your Father in law in your absence promised to do much for us, but did nothing; many letters I wrote to him, I could wish he now act not against us, if he do, it may prove, his owne destruction, 2500. l. per annum given him, will not bear him out, when his friends▪ be cut off, I have used all means possible t bring our Countries cause to try all, but by Mr. Lawrence, Mr. Allen, Mr O. Salloway, and Lord Wharton failing us, and their double-dealing, I have laboured but in vain; therefore, I say to you, and as many as sit in the House, in right of our Country, even a [...] the old woman said to King Philip, if you have not leisure, or will no [...] present our just Complaints and Petitions, come forth, and sit no longe [...] there for our Country.

One thing I had almost passed by, in reference to the Lord Wharton, [...] thing worthy your obseruation, a poor woman of our Country, having been at London about Law suites, upon her return home, at the instance & complaint of Henry and Iames Pearson, two Delinquents, brothers & At­tornies, was carryed with her husband before Sir Wil. Lawson, a Com­missioner of Array, and by his direction the woman was bound in a Care laid on her back, with her head ahd face upwards under the horse tayle, & the horse forced to gallop with her, to the endangering her life; and be­fore they put her in prison, stript her to her smock; and after Sir Wilford Lawson gave direction to lay Irons upon her; and all this, for no other cause, then that she was (as they pretended) an Intelligencer for the Par­liament, and for searching her for Parliaments papers: Yet my L. Wharton so pittifull he is to the poor, and regardfull of his Oath and Covenant [...] [Page 5] [...]ch talkt of, as he will not present her Petition to the house of Lords, tel­ [...]ng her, he can give her no encouragement to petition, though M. Bradshaw [...] Lawyer did entreat him to do it.

Now consider our condition, I assure you, the whole Militia and autho­ [...]ty in our Country, are setled in the hands of professed Enemies, & known Delinquents, not one that hath been faithfull to the Parliament, or is a lo­ [...]r of his Country, hath any command or office with us. Therefore, if you [...]band your Forces before these Newtrals and Delinquents, and great op­pressors be removed and secured, we are betrayed by you, and may say, you purposely gave us up into the hand of the Enemy, having made first what you could out of vs your selves.

For if this Army were broken, which under God is the strength of the Kingdome, in one moneth the Enemy without any difficulty may possesse themselves of the whole North, and doubtlesse will do it; the Irish may [...]d with us in 11 hours, premoniti, praemuniti. You see of late how we have [...] enthralled, under the name of Conformity persecuted, and under noti­on of a priviledge, a new kind of tyramie set up, It belongs to wise men to [...]e-see and prevent a mischiefe before it happens, and it is the reward of [...] unhappy, and fooles, to lament it to late, when woe is come upon them; the medicine and physick that is ministred out of season, is killing & works [...] to the benefit of the Patient; the counsell is without fruit that comes af­ [...] the fact, and it will be to late to apply the remedy after the evill be fal­len upon us: where tyrants turn their authority to oppress: and destroy innocents, to hold up armes for our own [...] safety, can be no breach of obe­dience.

If you wish our Countries welfare indeed, & be the men you professe, & be not carryed away with ambitious and covetous desires of honor and ri­ches, and under shadow of the weale and benefit publique respecting-selfe, and particular interests, making Religion and Liberty a cloak to your great­nesse and own profit, you will not expect and temporize till we be brought to the last extremity, for then our recourse to remedies will be to late, and we shall stand fondly to lament the harme and mischiefe which wee might have easily before avoided. It is to late to provoke to vomite, when the poy­son hath pierced the bones.

Therefore, gird up your loynes like men of resolution, and do not forbear while you have time and opportunity to provide for the safety of your selves [...]nd Country, be not curious in conscience, to defend and stand for law, li­ [...]erty, and justice, then which you cannot offer to God a temporall sacrifice, [...]re acceptable & worthy. Pulcrum est pro patria mort, the Heathen could [...], be wise, its said, the English be, [...]agis a [...]mi poten [...]es q [...]am politici, when [Page 6] William the Conqueror, contrary to his oath, begun to oppresse the English, and would have brought them under the yoke of the Norman law, the Eng­lish counting the same no other then their fetters, sought to cast them off, made gatherings, were fully resolved to make their sword their Judge, if the King would not confirme their liberties, the King by his Espials understanding the increase of their powers, & knowing to his restlesse trouble, the un­willing subject ō of the English to slavery, being a very politike fair spoken Prince, did wind himself into their good opinious so far, as they laid downe their armes, and he for his part, fearing to lose the Crowne with shame, which he had got with effusion of so much bloud, gave his oath to observe, and inviolaby to keep the ancient lawes of the Land, especially the lawes of King Edward the Confessor, which as the event proved, he little meant to do it.

Peace being thus established, and the Kings oath received, the English Ar­mies disband themselves, as dreaming they had arived at the haven of their wished desires, and hoping the greatest stormes of their dangers had beene over and past, which presently proved but a dreame indeed, a vain surmise. For KiWilliam working upon advantage, began extreamly to hate the Re­bels (so were they then called that affected liberty) and with full resolution of their distraction, suddenly set upon them apart, which he durst not doe, be­ing united and in a body: So that slaying many, imprisoning others, and persecuting all with fire and sword, well was hee that could first be gone. K. Stephen (his son) used the like policy to confirme the English unto him, against his elder brother Robert of Normandy, promising he would reform the over-heard lawes of his Predecessors, and mollifie the extreames therof to the peoples own liking, under his Seale and Charter, and by his Charter did a on firme and restore the ancient lawes; but those immunities (saith my Author) he granted rather to cleere their eyes, then with any purpose to manacle his own hands with such parchment chains: much like hath ever bin the event & successe of Court wars, where the making of new parties & fa­ctions, without destruction of old friends, we cannot be received, & trusted by old Enemies: These, say the French, be the blowes of the old art of fen­cing, at this Game England is become very skilfull, and is not to learne. For how often hath Magna Charta, by Oaths, by Kings, by Parliaments, bin con­firmed, but what fruit have the people over received thereby? how ma­ny bloudy battels have been of late fought crowned with victory, for re­gaining Englands liberties?

But after all this, are we the more free, Never more Oaths, Vowes, Prote­stations, and Covenants have been contrived, made, and taken, for doing im­partiall Justice, and bringing the Enemies to condigne punishment, yet the [Page 7]out-cries for justice never so loud so long: oppressions, exactions, and bold­nesse to offend so never great, so generall. We are made more miserable and wretched, in seeking and wayting for Justice, then by the Enemy in oppres­sing and destroying: illegall cōmitments, and long imprisonments of the High-Commission, Scar-chamber, and Councell-Table,Sir Pe­ter Tem­ple a Par­liament man did most cru­elly beat one for asking 25. l. which he owed him f r Oates for his horses, but as yet none o­ther pay­ment then blowes hath the honest man had. were never so many so frequent, as by our Lords and Committees of late, betwixt Prorogative and Priviledge, we are broken as Corn in a Mill; yet I confesse, never did I heare, the King did ever beate or assault any for demand of a just debt, as some Parliament men have done their poor Creditors, for asking, or rather petitioning for their owne, as for the capitall Enemies of the Kingdome, Vi­ [...]a [...]o [...]s of our lawes, perverters of justice, and destroyers of our liberties, and such as have been declared Traytors, or so farre from being brought to the [...]eate of Justice, as that they are not only permitted to walke in Westmin­ter Hill in their silkes, but are preferred to the highest places of honour, command and au hority in the Common-wealth, though wee have our [...]ses, chambers, and studies broken up, and searched for pre [...]e [...]ded Pam­phets, bookes and writings and our selves, and wives, and servants, cast [...] prison, before any legal charge or conviction; yet cannot wee bee heard against the common Enemies of the Kingdome, nor have them [...]ought in to answer, our legal charges exhibited against them confesse, lybelling against any private person, or against a Magistrate, or other pub­ [...]e person, is a great offence, & deserves severe punishment. For though the Lybell be but against one, yet doth the same provoke all of the same [...]ly, kindred or society to revenge, and so consequently causes quar­ [...]s, breach of peace, and oftentimes much bloud shed, and other great in­conveniencies, if the Lybell be against a Magistrate, or o [...]her publique per­son the offence is the grea [...]er.

But bal­lad mon­gers take liberty to sing Lybels against King & Parlia­ment in open streets yet un­question [...]For, as learned Cook saith, that concerneth not only the breach of peace, but is a scandal of the government.

For, saith Cooke, What greater scandal of the government can there be, th [...]n to have wicked and corrupt Magistrates to be appointed and deputed to govern the people, greater imputation to the State cannot be, then to suffer such corrupt men to sit in the sacred Seate of Justice, or to have any medling in or concerning the administration of Justice. Therfore it is not to the purpose (saith Cook) whether the Lybel be true, or the party against whom it is made be of good fame, or evill, for in a fetled State of Govern­ment, the party grieved ought to complaine of the injury or wrong done in an ordinary course of Law, and by no meanes to revenge himselfe, e­specially by that odious course of Lybelling, that passionate expressi­on [Page 8]on of Iob the Mirrour of patience, But in Parlia­ment time men have no other way to make knowne their grivances when pe­titions be rejected, but by publish­ing the same in print. By Law­sons in­direct meanes being then high Sheriffe and H. Pearson his under Sheriffe a Delin­quent, sir Wil. Ar­myns son was re­turned Sheriffe of the Shire for Cumber­land. when he was libelled against, may she how forceable libelling is to provoke impatience, and make contentio [...] and stirre up strife, they were, saith the children of sooles, yea children [...] base men, they were viler then the earth, and now I am there song, yea, [...] am there by word, Iob 30. v. 8. & 9. out of this moral consideration the R [...] mans, made an excellent Law for preventing this manner of lybelling, [...] odicus to all men, and pernicious to the State, that without any danger, [...] ven one of Romes Senate, might be accused by any private man, and if h [...] proved the charge, he received a reward: otherwise severely punished. B [...] the defamer or lybeller was to be banished, by which law of liberty lo [...] the Romane State flourished.

But for want of this liberty, from libelling the Republique of Fl [...]renc [...] fell into factions, and soone was its ruine, felix quem faciunt aliena p [...]tis [...] la cautum, such a law to England would be profitable, if duly executed but alas! through the prevalencie and potencie of some in authority, is become now lesse dangerous to act the treason, then to discover, or a [...] cuse the traytor.

For instance, Sir William Armyn who hath by indirect, meanes an illegal choyce, got his sonne, a beard lesse boy, to be brought into the honou [...] rable House of Commons, was so bold, as to tell Lieut. Col. Beacker, th [...] if he appeared or acted against that grand traytor Lawson, it would unde [...] him, hinder his preferment, and thereby lose all his friends in the Hou [...] of Commons.

And Mr. Barris a Member of your House, sent his man into our Cou [...] trey, and caused by him or through his meanes to be read in publike a [...] semblies, that whosoever would deny their subscriptions with us again [...] Lawson, should not be punished. I know a Yorkshire Gentleman that wa [...] ted upon the House of Commons more then half a year, with a charge [...] discovery of the treasonable practises, and great oppressions of Mr. Th [...] the Lawyer, amongst many other his wicked practises against the Parliament and his Country: this Lawyer, first by perswasion, then by threat attempted to have got Sir Iohn Hotham to betray his trust, and to her delivered up Hull to the Kings party.

But upon Sir Iohns refusall, Mr. Thorpe caused that then deservin [...] Gentleman (that Sir I. H. had retained still his integrity) to be proclaimed Traytor by a Harrolds at Armes, but not a Yorkshire Gentleman of th [...] House would present the same, now Mr. Thorpe is a Parliament man, [...] in the House of Commons in that great Councel unquestioned, untryed no man may sit in your House unlesse he take your Covenant, but if Covenant-breakers [Page 9]were put to death, as of old in Israel many of the great [...] ­ge [...] thereof would not escape, in all this I blame not the House but some [...]rupted Members thereof that falsyfie and betray their trust, and as much as in them lies, seeke the destruction of that House and their Countrey, it [...]reth with that honourable house, as of old with King Antiochus, who being hunting on a time in pursule of his game, he strayed from his com­pany and Courtiers, and so was inforced to take up a poor mans Cottage for his Inne, as the King sate at supper with his Country Host, and his poore people, he began to discourse with them concerning the Kings go­vernment: whereupon the poor people replyed, that Antiochus was of himself a very good King, but he committed the mannaging of his affairs as his friends and Courtiers, who were ill men; himselfe meane while out of his over-much love to hunting, negligently omitted necessary things, whereby his people were oppressed, and things ill governed, the King for that time held his prace; but the next morning when his Guard and Courtiers had found him out at the Cottage, bringing him his pur­ple Robe and Crown, the King thereupon said to his Courtiers, from the [...]y I first received my Crown, I never heard true speeche of my self be­ [...] yesterday; if that honourable house did h [...]e what the poors of the [...]ntry, yea, and in all other parts speak of them, they would say no other [...] Antiochus did, and would follow the advise of Th [...]opom [...]us, who be­ing demanded by what meanes a King might safely hold his Kingdome, replyed, if he gave his friends free liberty of speech, and avenge the i [...] ­ [...]ies and wrongs done his people, for that the latter can never bee well performed without granting of the former.

Now the Kings friends be those, & no other, of what sect or religion soe­ver they be, & indeed non can be enemies to the Parliament, whether Cove­nantors or non-covenantors, Presbyterians or Independents, so they bee friends to peace, and lovers of justice and their country, from this cousi­deration I could wish our honourable Parliament Lords and Commons, [...]o are semented together into one body, would with An [...]nine, that good Emperour, allow free exercise of Religion to their friends, as the wise and now flourishing States of the Netherlands doe, and in doing ju­stice impartially (for Justice now of late stands a far of) and is become a [...]anger in our Land, would imitate Romes liberty, testore Brutus who for [...]is peoples safety and preserving their liberties, chosed his owne two [...], with some other Nobles, for affecting tyrannie, and attempting to in­ [...] the people to their lawlesse wils, publikely to be whipt in the Mar­ [...] place, & then to be brought to the block, & beheaded, the like exem­plary [Page 10]justice King Alfred, within this Kingdome did, he not only provi­ded for good Lawes, but took care for the better ordering and due admi­nistration of justice, to have the same exactly observed: in one yeare h [...] put to death 44 wicked and corrupt Judges, for their false judgments, the fruits whereof was such as notwithstanding multituds of souldiers were continually employed, yet it is recorded, that in his dayes a Virgin might have travelled along through all his Dominions, without any violence of­fered her, and that bracelets of gold were hanged in the high-wayes, and no man so bold as to take them away, yet then theft was not punished with death: the chiefe Justice of the Kings Bench in King H. 4. his time, faithfully and as an honest Judge, discharged his place, when hee spared not to commit the Prince for a Riot to prison, no priviledge or protecti­on was then pleaded, however not allowed: Hereas was the King dis­pleased? nay he much rejoyced, in that he had a Sonne so obedient to his Lawes, and a Judge so upright and bold, in administring of Justice with­out feare or favour.

But Justice Bacon, who now supplies that place, the other day did [...]re otherwise, he being petitioned unto by my country woman Mary Bl [...]th­waite, whom I mentioned before, to bee admitted into Forma Pu [...], would not allow her to sue Sir Willifrid Lawson, because a great man, and then high Sheriffe of Cumberland, But against some mean ones, who ear­ryed her to prison upon Sir Willfred Lawsons warrant, he allowed her to proceed and prosecute.

This nothing agreeeh with the Oath of a Judge, but if our corrupt Judges had received from our Parliament the like punishments for the [...] false judgments for Ship-money, as Siz [...]us did from Cambises, such as succeeded in their places would have been more carefull and conscious in the discharge of their duty: for I read that Cambises caused this Sizam­nus, being one of his Judges to be flaid alive, for an unjust judgment given by him, and his skin to be hung up over the judgment Seate; after which he bestowing the Fathers office on the sonne, willed him to remember, that the same partiality deserved the same judgment.

Let Judges and Justices escape with fining, it wil not much trouble them, a part of their ill-gotten wealth will not onely discharge the same, but soon restate them in their old places: for most of them were mercenary men be­fore they were made Judges, and lawes or distinctions they ever have in store to please Kings, & satisfie States and times, though never so corrupted. While I was writing this my letter, Judge Ienkins Vindication was brought unto me, wherein he condemnes, and would ani [...]ilate the whole procee­dings, Orders and Ordinances of this present Parliament ever since the [Page 11]Kings departure as illegal, and not binding for want of the Kings consent. I and if God permit, to set forth and discover the vanity and wickednesse [...]eof at large; for the present I desire him to read the Abusions of the [...]mon Law written by Andrew Horne in the time of King Edward the [...], in his mirrour of Justice: The first and chiefe Abusion of the law, [...] Horne an approved Authout) is, that the King is set above the Law, [...]eas he ought to be subject to it, as it contained in his oath. I would [...]ly then know of Judge Jenkins, if the King be under and subject to the law, how he or any other is to be proceeded against for transgressing the law where his consent is not, if the same be necessary, as the cause sins [...] [...]on: With Horne, Judge Fortescue afterwards Chancellour to King [...]ry 6. agreeth, who telleth us that England is a kingdome political, and sayth, Adtutelam legis subditorum & corum co [...]porum Rex est erectus, & h [...] prestatem à populo effluxam ipse habet, quo ei non licet potestate alia suo popula [...]nari Forteseue folio 32. The King is made for the defence of the law of is subjects, and of their bodies and goods, whereunto hee receiveth the power of his people; so as he cannot governe his people by any other pow­er. Then he tells you how the Kings of Egypt first lived, not after the licenti­ [...] manner of after Kings; but keep themselves as private persons in subje­ction to the law, as also did the Ethyopian Kings order their lives according to the lawes, assigning neither reward nor punishment otherwise then law appoynted. And with Fortescue concurre the two great Maximes of the Common law, often cited by Cook, and other Sages of the Law. 1. The Common law hath so admeasured the Kings prerogative, that it cannot take may the inheritance of any. 2. Nihil tam proprium est imperti, quam legi­l [...] vivere: There is nothing so proper to ruling, as to live by laws.

Now if the body politick, which is the people, or the representative body the Parliament, could not without the Kings consent act, then by his pre­rogative he might hinder the due execution of the law, contrary to the first approved Maxime, the statute law confirmeth the same, Marl. Br. chap. 5.52. Hen. 3. Magna Charta. In singulis teneatur tam in his quae ad Regem partinent quam [...]lies, Magna shal be holden for good as well in those things that appertain to the King, as to others: So as all pretence of prerogative against the execution of the law, or administration of justice, is taken away. And indeed it may be sayd the people give lawes to the King, but the King cannot give any law to the people without their consent; so as Regality in it selfe is good, and for the good of the people; and what ill custome or [...]d lawes are brought in, the same bee by our own default, and not the Kings: for the people are the law-makers. The next Abusion of the law that Horne cites, is, that we have not a Parliament every halfe yeare, that is [Page 12]to say, Parliament men changed and elected anew, and no strangers but re­s [...]nts, according to the Common and Statute law: which done, would prevent much faction, oppression, partiality and injustice. I may adde a third abuse, as the King by his prerogative imprisoned, so for the Parlia­ment whether by Lords or Commons, to imprison before the party bee brought to their Barre, vnlesse for want of Baile, is against the common law: for by the common law before conviction, no man having baile may be imprisoned either for Felony or Treasonn, Cook 2. part. Instit. fol. 189. And so the same is a disfranchizing of the Subject of his Free-hold and Birth-right: And however it cannot be justified to keep any in prison lon­ger then the next Goal-delivery after the party be committed. Herein Scot­land is praise-worthy; no Prisoner there longer detained for debt, then one yeare, and to be provided for at the Plaintifes charge, if the prisoner be not able to maintain himselfe, and no prisoner for any contempt or felony be­yond the next ordinary Sessions, which is commonly every quarter of a yeare, and sometimes oftner: There wants nothing to make that people happy, but a free tolleration of exercise of religion, whereby every man may serve God in the way he is perswaded is most approveable, and not be compelled to live by anothers, or a blind and implicit faith Romanist-like, they have there lawes pleaded and recorded in their owne na [...]ive tongue and no such delay of justice, nor the like, excessive, and exorbitant fees as with us, for indeed though it be said in our law, we wil sell justice to no man; yet have we neither processe nor proceedings recorded, but in an unknown tongue, and bought at a deare ra [...]e, oftentimes driven to spend more in one Terme, besides our travell, then the thing in question is worth.

But no more of this subject for the present, I will return again to speak a little concerning my selfe, and so I have done,

Sir, I have been here a prisoner this 18. moneths, and was committed upon a fa [...]se report, as refusing to answer interrogatories, since the Spea­ker presented my Petition, and procured it to be committed, though ne­ver yet taken into examination by the Committee is 18. moneths, a thing never heard of before, that a Parliament Committee, whereof there be 29. Parliament men in 18 moneths not to meet together, about a businesse of so great and generall concernment, not one man that sits in the House in the right of our Country, once in all that time to speake one word in our Countries behalfe, nor do me the favour as to present a peti­tion for me, unlesse I would decline, and betray my Countries cause, which if I would have done, sundry of them, and others of the house; whom I can name, would not onely have undertaken the presenting of [Page 13]my petition, but likewise promised me to procute me my liberty, there names I will forbeare for the present to mention, for I take no pleasure to discover their shame, unlesse they force me to it: but this I may say, and truly our case and condition now, is as b [...]d as the Brittaines were of old, when they writ to Action the Romane, thus to Actius thrice Con­sul, the Sighes of the Brittaines, the barbarous enemy bo [...]tes us to the Sea, the Sea beates us back to the enemy, we are either murdered or drowned I leave the application to you, and say no more but this, if you will pre­sent this my petition to the house, procure us justice, and an impar [...]iall & speedy tryall, upon the hazard of my life, I will undertake to prove our charge, and make good what I write, having said nothing either for con­tention or ostentation, but for necessity and justice, in testimony whereof he subscribes his name, who is yours, if you will honestly discharge your place and trust for our Countrey, by which you have the honour to sit in the highest Judicature in the Kingdome.