I Am commanded by the House of Commons to desire your Lordships concurrence with them for the bay­ling of Major Rolphe, now prisoner in the Gate-house, which they conceive (and would have your Lordships beleeve) is an act not more of favor than of justice: Whether you consider (as we doe) the quality of his person, or the Crime whereof he is accused: For by his imprisonment, not only his body is in great danger to be poysoned with the hel­lish smoake of Tobacco (wherein only deboish't drunkards delight) but his righteous-Soule also (like Lotts in Sodom) is vexed with the horrid blasphemous oathes, and drinking of healths of the dam-me. Cavalieres, who for their Rebellion and Treason against the State, are there justly imprisoned. And surely, my Lords, in reason he ought to be bayled; whe­ther you looke upon him as a man, and a Souldier, whose life ought not to be neglected, or as a new-Christian, of whose precious Soule there ought to be a due regard; both which (to say truth he hath ventred for the good of the Re-publique and the preservation of all us who have the honour to sit here this day, for the good of our Ʋtopia: And who can tell, if he should come to a legall-tryall, how many of us hee might accuse as abettors of the intended Act? But it may bee obje­cted, That the world takes notice of the Crime, and that therefore (though we know that some of your Lordships are of our minde even in this particular) it would bee scandalous to bayle a man for Treason against the person of the King: But (my Lords) I will as quickly remove that objection, as I did that of counterfeiting the great-Seale of England, and that briefly and in few words. If no King, then no Treason: And no doubt if those Principles be true which wee have bor­rowed of the infallible chayre (as the children of Israel did [Page 4] the Aegyptians jewels.) It is evident, that the person whom this worthy Gentleman is supposed would have murthered by poyson or pistoll (it is no matter whether) is no King; e­specially being contrived while our votes for no Addresses to him were in force. Divers of the learned beyond the Sea (and some on this side too though not booke learn'd) hold; That if a King bee Excommunicate, hee is no longer a King, and that it is lawfull (at least it is not Treason) to take him a­way. And if so (the validity of such Excommunication be­ing from a forreigne-power, and lesse inspired) Then a for­tiori; if by us, and our Assembly, that have undoubted (though till now unknown) power and right: he that was an unprofitable King, bee for just causes (of which wee are the sole Judges) devested of all power, (by the sence of the two Houses) Then, I say, hee is no King: But Wee con­junctly are King of England; (as Master Prynne and Master Parker by many learned, polite, and prolixe Treatises (seene and allowed by Master Saint-John our Sollicitor) have beene more then sufficiently proved: How else could wee have hang'd Yeomans and Bourcher, who would have delivered up our City of Bristoll: Or beheaded the two Hothams, who (upon second foolish conscientious Considerations) would have restored the Towne of Hull to the pretended owner: Or Carew, who would have delivered up Plymouth to the enemy: Or executed Tomkins and Challoner, who would have set on foote the Commission of Aray, in London: Or to trusse up Burleigh (not the least of my services) who would have re­scued the King from Carisbrook-prison: Or (to passe by many others) Kniveton, who came with the Kings-Writt to ad­journ the Terme: all whose Designes were only intentional, none acted: The least of which wee neither could nor durst have perpetrated had not the regall-Power resided in Us; and if in Us, then certainly in none other: It being as mcuh a­gainst common reason to thinke, that in regalitie; the King and Parliament both have power, as to say that Monarchy and Anarchy are, or can be, simul & semel in one Kingdom. And this I speake as a Lawyer, being so by inheritance, my Father (though not of so publique a Spirit) being so before [Page 5] mee. Yet hee never was a Judge, as I have beene both at Winchester and Canterbury as your Lordships, well know. And why may not I bee heire to my fathers Law, as well as the Citizens sonnes of London (though they have no skill in their fathers trade or Profession) be made free by their fathers Copie.

Besides (My Lords) against this Gentleman there is a bare accusation, or impeachment, and that only by two prisoners, whose testimonies in all circumstances agree not; for I am sure there is great difference in their hand writings (a point wor­thy your Lordships consideration) But suppose they agreed both in circumstance and substance; shall the testimony of two such men condemne so well deserving a man for a few foolish supposed Treasonable words, or intentions, and but against a titular King? for wee are King in effect; wee Judges of the Law, he our prisoner.

Let us not (My Lords) give way to such a credulity. It may concerne both your Lordships and us very much to bee well advised before wee resolve any thing to bee Treason▪ acted against his person. If what, not only two but two thousand (and I may say twenty thousand more) doe daily and hourly say (and would sweare) concerning us, should bee believed: Lord what should become of us? many thousands men and woemen, now being bold to say: That all wee of this righte­ous, blessed, and reforming Parliament are Rebells, and Tray­tors: Nay that wee are no Parliament, but a Junto of Factious, ambitious, selfe-seeking, and covetous men; whereof more then the one halfe sit there illegally, and keepe honester men out of their places. That all our Votes, Orders, and Ordinances (which are an unreasonable number) are against reason, and the knowne Lawes of the Realme: And shall wee therfore believe them? if wee doe, then our owne Consciences (which we have extended as far as may bee would condemne us.

And now (My Lords) if we neither doe, nor may with safety believe so many witnesses against our selves (though wee know the matter true) why should wee believe only two against a man who, for ought I know, is as honest as any of us? Nay (My Lords) I will go further yet and affirm; That if a Jury [Page 6] of 12. men should condemne him; yet in point of discretion, & reason of state, we may and ought not only to baile this ver­tuous Gentleman, but also to release and set him free.

And for this wee have a president within the memory of man, and it was of an honourable Gentleman, and a true Na­thaniel (whose father sits among you) who was by a Coun­cell of Warre condemned to dy as a Coward, for surrendring up of a Towne which was thought tenable, and yet hee was set at liberty and liveth; Vivit, imò vivit, & in Senatum venit, as it was very eloquently urged in as honest a mans case by Tully, who (though no bencher of the inner Temple) under­stood the Lawes of England as well as my selfe. And I dare bee bold to say, that there were more than two witnesses, to prove his guilt of the fact; and those of better qualitie then these, and that they which found him culpable, were men of as much honesty, and more judgement, then our ordinary Jurors, who for the most part (except some such as I found at Can­terbury, where they would find me nothing but an Ignoramus) will give their verdict, as wee the Judges in our wisdomes (Whatsoever the Law is) shall direct them. And lastly that those Judges were as honest men as any which we shall (now) sende to judge this Gentleman; if wee should (which were injurious) suffer him to bee tryed.

Moreover, if that noble gentleman before mentioned, were justly condemned, then his setting at libertie and pardon was unjust (Unlesse by us having potestatem vitae & necis) but de facto hee was set at libertie, pardoned, and lives in as much honour and reputation as ever hee did. And it must bee pre­sumed that the two houses (who are infallible in their judge­ments) did not erre in so doing. And if the King, when a King, and as a King by the judgment of the Law can doe no wrong, much lesse can wee being 500. Kings, and have all the power hee had, and more.

But may some say, (and no doubt but some will be so ma­litious) why should Major Rolfe bee so much troubled at the smell of Tobacco having all other good accommodations, hee being a man of so meane an education and occupation till within these few yeares that wee imploid men of all sorts, [Page 7] Trades and opinions in the forming of our Armies, and for reformation of Religion; and since bred up in the Warres which might have enured him to so much hardnesse as that the smell of Tobacco should no more have offended him now, then that of Shooe-makers wax, or Leather new come from the Curriers did then.

My Lords; It is true hee was by his profession a Shooe-makers Apprentice, and so was his master Philpit too, who was a while a Captaine, but for his lives security went away at the first battaile, which had hee not done he might by this time have beene a Collonell, as well as his man a Major. But my Lords what's that to the purpose? wee know that Tobacco is nought, though the King never take any; His foot must not bee now measured by the old last. And as the old proverb tells us; honours change manners. Was not Cato taken from the plow to the Senate? and yet it was never objected to him as any point worthy reproach, and some of us (who are not of the greatest ranke of gentry, nor very great Clearks) have read (or at least heard) of a King, whose father was a Potter for which cause hee did all his life time after, eate his meate in earthen dishes, and is no more dishonour to him, then to some pure seraphicall Members of our house to have beene Weavers, and Vinegar-men. And therefore wee hope, and de­sire, notwithstanding these objections, or any thing else that is, or can, or shall bee said, or proved against him. That (if your Lordships will not thinke fit to reward him for his me­ritorious intententions) yet that you will concurre with the house of Commons to bayle him; which if your Lordships shall not assent to, wee doubt not but wee know where to have a Justice of peace, & Quor. that will. And for the time to come wee hope that the same providence which hath hitherto beyond all humane expectation kept us in our severall stations, will so unite our hearts that wee shall sit all together in a blessed Union, in our house, and save much of that Labour which hath hitherto beene spent in Conference.