Note: This is part of the Leveller Collection of Tracts and Pamphlets.
T.58 [1646.02] John Lilburne and Richard Overton, The out-cryes of Opressed Commons (February 1646).
John Lilburne and Richard Overton, The out-cryes of Opressed 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 Liburne, prerogative prisoner in the Tower of London, and Richard Overton, prerogative prisoner, in the infamous Gaole of Newgate. Feb. 1646.
Ier. 7.8, 9.10. Behold, yee trust in lying words, that cannot profit. will yee steale, murther, and commit adultery, and sweare falsly, and burneincense unto Baal, and walk after other Gods, whom yee know not, and come and stand before me in this house, which is called by my name, and say, we are delivered to doe all these abominations.
Verse 16. Therefore pray not for this people, neither lift up cry nor prayer for them, neither make intercession to me, for I will not heare thee.
Mat. 23.14. Woe unter you Scribes and Pharisees, Hypocrites: for yee devoure
widowes houses and for a pretence make long prayers, therefore you shall receive the greater damnation.
Hosea 4.2.3. By swearing, and lying, and killing, and stealing, and committing adultery, they breake out, and blood toucheth blood, therefore shall the land mourne.
The Second Edition Corrected.
The pamphlet contains the following parts:
28 February 1646. In TT the date of 1647 is given.
TT1, p. 497; E. 378. (13.)
(Placeholder: Text will be added later.)
GEntle men, Anti-Magistrates we are not, but owne Magistracy as Gods Ordinance appointed for the good and well being of men 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, haveoften 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 29. 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, nor towne, 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. A Merchant saving his Merchandize, a Villain(g. H. 3. 14.) saving his waynage, and that by his or their Peers. Which 29. Chap. of Magna Charta, is expresly 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 clause there in contained, is expresly confirmed by this 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 devision 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, & as there be divers degrees of Nobility, as Dukes, Marquesses, Earles, Viscounts & Barons and yet all of them are comprehended within this word PARES, so of the Commons of the Realme, there be Knights, Esquires, Gentle-men, Citizens, Yeomen and Burgesses of severall degrees, and yet all of them of the Commons, of the Realme, 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. Ibem, 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 EQVALS, (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 destroyed (to destroy i.e.) what was first built and made, wholly to overthrow and pull downe, unlesse it be by the verdict of his EQVALS, or according to the Law of the land. And so saith he is the sentence, (neither will we passe upon him) to be understood, but by the iudgement of his PEERS, that is EQVALS, or according to the Law of the Land, see him, fol. 48. upon this sentence; pro indicium parium suorum, and pag. 50. hee saith it was inacted, that the Lords and Peers of this Realme, should not give iudgement upon any but their Peers, 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 iudgement upon a Commoner, being they are not their Peers, that is EQVALS, which record at large you may read in The oppressed mans oppressions declared, Edition the second. pag. 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 what soever. And we offer (at our utmost perrill) before any legall power in England, to maintain 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 book in his 43. 44. 45, 46, 47, and 86. page, layes downe many strong and solid arguments, to prove “that the House of Lords, have not lustly, neither judicative, nor legeslative power at all in them; and in his 94, 95, 96, 97, 98. he declares from very sound and good authority, “that before William the Conquerer 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 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 booke, called, The manner of holding Parliaments in England; before and since the conquest, &c. declares plainly, that in times by past, “there was neither Bishop, Earle, nor Baron, and yet even then the King of England kept Parliaments with their Commons only, and though since by INNOVATION, 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 notwithstanding the King may hold a Parliament, with the Commonalty, or Commons of the Kingdome, without Bishops, Earles and Barons, and saith Mr. William Pryn, 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 Vowels 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 (saith hee) 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. booke 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 countrey, to any such Nutrality, as is mentioned in that agreement, it being a peculiar and proper power and priviledge 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 to 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 book decl pag. 178. An Order of the House of Parliament, yea, and by severall single orders, have acted in the greatest affaires of the Common-wealth, sometimes against the wills and minds of the Lords, 1. part book decl. pag. 13. 121. 122, 305, 522, 526, 537, 546, 557. book decl. 2. part pag 6, 7, 10, 12. 25. 29. 36. 37. 40, 41. 42. 45. 43, &c. see pag. 877, 878. 879.
And yet notwithstanding all this, the Lords like a company of forsworne 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 criminall cases) and for refusing to stoop thereunto, have barbarously for many moneths tirannized over us, with imprisonments, &c. And we according to the duty we owe to our native country, and to ourselves and ours, for the preservation of our selves, and the good and just declared lawes and liberties 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 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 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 be 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 bok. 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, book 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 their owne, or any other use, then that for which they are intrusted, yea, and page 266. 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 condition, and true intent thereof, and as much as in them lyes, by all possible meanes to prevent the contrary. And in page 687. being answering a charge that the King laid upon them, which was, as they cite it, that we can doe him no wrong, because he is not capable of receiving any, and that we have taken nothing from him, because he never had any thing of his owne to lose, upon which they demand the question, and say, in what part of that Declaration (meaning theirs of the 26. May, 1642.) is this told the King in plain English, or by any good inference? unlesse it must needs follow, that be “cause the King hath not a right of property in the Townes, Forts, Subjects, publique treasure and offices of the Kingdome, nor in the Kingdome it selfe to dispose of it at his pleasure, and for his owne private advantage, but only a trust for the commnn good of himselfe and his Subjects* (as it is most cleare he hath them no otherwise) that therefore he cannot have a property in any of the Lands or goods, as Subiects have in theirs, and yet it is a truth that the more publique any person is, the more interest the publique hath even in those things that belong to him as a private man, in which regard the King hath not the like liberty, in disposing of his owne person, or of the persons of his children (in respect of the interest the Kingdome hath in them) as a private man may have.
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 pleasure 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. 21. Iob 22. 27 Eze. 17. 16, 17, 18, 19, Eze. 5. 4. 5. We find in their Declaration of the 5. May 1642. book de. 1. par p. 172 these words, The Lords and Commons therefore entrusted with the safety 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 Militia) 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 there Remonst. of the 19. of May, 1642. book del. 1 par. p. 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 rational 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 promises, and in the same Remonst. p. 214. speaking of those many difficulties they meet with in the discharge of their places, and duty, 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 drawn to betray us to their owne undoing we 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, but if it were possible, they should prevaile herein, yet we would not faile through Gods grace still to persist in our duties, and to looke beyond our owne lives, estates and advantages, as those who thinke nothing worth the enjoying, without the liberty, peace and safety of the Kingdome: nor any thing too good to be hazzarded 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 seek 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 Sepulchers, which indeed appeare beautifull outward, but are within full of dead mens bones, and of all uncleannesse. And in their Remon. May. 26. 1642. p. 281. They declare, “that their indeavours 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 are full of hypocrisie and iniquity. And in their Decla. of July, 1642. concerning the distractions of the Kingdome, &c p. 463. 464. speaking of the businesse of Hull, they say, “the war being thus by his Maiesty 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 Subiects in their persons and estates, according to Law, the defence and securite 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 drawn his Maiestie to these courses and Counsells, in favour of the Papists at home, the Rebells 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 prefer before 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 wee will live and dye.
And in their answer to his Majesties message of the 12 of No. 1642. p. 750. they have these words, God who sees our innocency, and that we have no aimes, 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 extreame ill at the hands of the King, when he told them they dissembled, and meerly sought themselves, and their owne 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. 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 underhand 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 Bishops, &c. He declares their designe, was but of their goodly revenue to erect Stipends to their owne Clergy, and to raise estates to repaire their owne broken fortunes.*
And in the Same Remonstrance pag. 539. he declares, that after many feares and iealousies 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, offices, 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 3. Remonstrance, book decl. 1. part pag. 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 particular, 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 say 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 King, 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 is, ‘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,* and in truth such a charge as no rationall man can beleeve it, it being unpossible so many severall persous, as the Houses of Parliament consists of about 600. and in either House 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,* and most improbable, that the nobillity 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 Majesty said nothing which might imply any such inclination in us, but sure, what ever be our inclination, slavery would be our condition, if we should goe about to overthrow the Lawes of the Land,* and the propriety of every mans estate, and the liberty of his person. For therein we must needs be as much patients as agents, and must every one in his turne suffer our selves, whatsoever we should impose upon others, we have 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 owne wills:* But we wish the charge might not too truly be laid upon you. For our parts, we aver, wee 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 protestations, 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 whatsoever, that shall lawfuly in deavour the preservation thereof and therefore book dec. 2. part pag. 497. they solemnly imprecate the judgements of God to fall upon them, if they performe not their vowes,* promises and duties; 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 which condemnes as unjust all Interrogatorie proceedings in a mans owne case, nor to be denyed Habeas 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, obstructed against them, 1. part book decl. pag. 6, 72, 38, 77. 201. 277. 278. 458, 459. 660, 845.
Yea, in their great Declaration of the 2. Novemb. 1642. book. decl. 1. part. pag. 720 they declare “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 own 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 practice of Parliament, will say that we ought so to doe, and that our predicessors and his Majesties Ancestors have constantly done it there being no other place wherein lawes, that by experience may be found grievous and burthensome can be altered or repealed, and there 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, [Editor: illegible word] part book. decl page 1. 2 3. 201. 202. 209. 548.
And there is not a little harmony betwixt these their Declarations. and the antient and just Law of the Land, as appeares by the future of 36. E. 3. 10. which expresly saith, that “for maintenance of the Law, and the 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 Cocke in the 3. part of his Instit. 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 till the day of judgment, for we for our particulars may truly 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 mischiefes and grievances, and to involve the generality of the people, in an everlasting caos of confusion, by making their wills and lusts a law, their envy and malice a law, their covetousnesse and ambition a law, for we for our parts are necessitated to declare (with anxity’ of spirit) that we can obtain 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 own Committee they themselves appointed to examin our business: neither can we so much as get our businesse publiquely debated 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 summs of the Common wealths money amongst themselves,) although we have not ceased to use all the legall meanes, that both our owne braines, 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 our oppressions their owne, and of their selves, before we knew any thing, were about framing a Petition in our behalfe, which as soone as we knew it, we could not chuse but looke upon it (as to us) in the nature of a resurrection from the dead, who we have too just cause to thinke were buried alive, and swallowed up quick in the Canniball breast and mawes, 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 give mercy unto the house of Onesiphorus for he hath oft refreshed me, and was not ashamed of my chain: But when I was at Rome he sought me out very deligently, 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 merey to the honest, manlike, and Saint-like Inhabitants of Buckingham-shire: and Hartford-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 deligently 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 Pawes, of the tyrannicall House of Lords, and to free us from their arbitrary and illegall power, and divers hundreds, of them at their own 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 primitive 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 interest to get their 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 interest 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 sacriffice the lives, liberties, and proprieties, of all the Commons of England, to the mercilesse tyrannie, and barborous crueltie 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 preserve alive with your blood and treasure from whom yee deserve better then you find, or are likely to injoy.
The Lord grant unto the foresaid men of Buckingham-shire and Hartford-shire, that they may find mercy of the Lord in the day of their account, and the Lord God grant that their spirits may not faint, flag, nor be weary, but that they may renue their strength, and double and trible their Petition, with all importunity, and solicite all their neighbouring, Countyes to joyn with them, and never give over till they have made them and their posteritie free from the bondage of the Lords, and shakt of all arbitrary power what ever. And the Lord God of Heaven raise up heroically the spirit of all their fellow Commons in all the Counties of England to second them and joyne with them, in that legall, just and righteous worke they have begun, and to glue and knit their hearts and soules together, as Jonathan and Davids was, that they may never part nor be devided, till they have accomplished their iust enterprise, and the good Lord; require all their kindnesses and labour of love, manifefested unto us poore afflicted and greatly distressed prisoners seven fold, into their owne bosomes, 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 disparing in obtaining their just end at the present, and are gone downe into the Countrey, truely to acquaint the rest of their friends, how they have been dealt with, we judge it our duty, and that we are so much bound to our selves, and the whole Kingdome: (though we must truly confesse, that at we have no such Commission from the Petitioners nor their Commissioners) as to publish a true Copy of their Petition and instructions, which thus followeth.
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 Mnopolizers, 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 power and Birth-rights, for the just and legal removall of our Nationall evills; In the expectation whereof, we have waited ever since, your first sitting 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 Englishman, 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 of the free men of this Kingdome without producing any Legall Authoritie, that your Petitioners can here of; for what they did. Wherefore your Petitioners most humble desire is that you would according to the respective Appeales of the said free Subjects unto this supreame House, be pleased to take their cause into the legall Iudgement, 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 expediate 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 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 Arbitrary 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.
First, the persons imprisoned, Lieu, Col. Iohn Lilburne, 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 practises, we meane such as are contrary to the Law of the Kingdome.
As first, for any persons to try those that are not their Peers or Equalls: witnesse Magna Charta. C. 29 3. Ed. 1. 6. Sir Edward Cookes exposition of the 14. and 19. C. of Magna Charta, &c. (as the House of Lords have done some, and would have done all the above mentioned.)
Secondly, For any to imprison men for not answering to Interrogatories in Criminall Causes.
Wee must professe to all the world, we are in an 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 mischieses and grievances, and to provide for their earthly happinesse and well-being book decl. 1. part. pag, 150. which they have so often sworne, 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 vnder their feet, the lawes and liberties, of all the Commons of England, and so by consequence make us all Vassells and Slaves, to their tyrannicall lusts and wills.
But confidering 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, pag. 580, 636.) to extend his legall protect on and justice 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 we 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 severity 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 Cook in his 2. par inst. 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 be sound and good against themselves.
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 stand with your good liking, if they provide for their owne safety, which the very Law of nature* 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 Commonwealth, they have had large experience.
And in their Petition to his Maiestie about the Militia: 1. March 1641. book decl. 1. 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 these messengers, that you will speedily apply your royall assent 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* 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 Hall, 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. Vo. 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, and see the Kingdome perish before their eyes, and of this danger they are Iudges. Here may be an excellent argument drawn from the greater to the lesse, which will undeniably hold good against the Arbitrary and illegall practises of the Parliament, which we in our particulars groane under.
Now all these things considered, we hope it cannot be justly taken ill at our hands by the Parliament, nor by any rationall or understanding man in the Kingdome, though never so much devoted 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 he did not actually imprison their bodie, and thereby rob them of their liberties, trades, livelyhoods, 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, and like deafe Adders stop their cares against all our just cries and Petitions, and are worse then the unrighteous judge, whom no importunity will overcome, and will neither by the law of the land try us, nor allow us, as by law they ought, meanes to live upon, but keep us contrary to all law, equitie, justice, reason and conscience, in prison, to murther and destroy us, and wives and young infants. On! thou righteous and just iudge of all the world, arise, arise, and for thy owne glorious name sake, make bare and naked thy owne soveraign and almighty arme of justice, and visibly to the view of men, doe justice betwixt us, and punish in thine indignation, those of them or us, where the true and just cause of offence and guilt lyes in this particular controversie betwixt us; Oh thou that stilest thy selfe to be a God hearing prayer, and that heares the sighs and groanes of thy distrested ones, heare in Heaven and answer this supplication speedily for thy names sake.
But before we doe solemnly, seriously and actually appeale to the people, as of necessity, if by them we cannot injoy justice and right, and the benefit of the known and unrepealed lawes of the land which is all we crave or desire; (we both must and will: cost it hanging or burning or whatever 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, lob 2.
And therefore in the first place, we must professe in their owne words, in their declaration to the States of Holland; pag 6, 7, that we have no other designe in the world, but not to be destroyed, and save our selves, Lawes, Liberties and freedomes, and let them not say, if we should formally appeale to the people, that we maliciously indeavpur to dissolve the whole frame and constitution of the civill policy 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 confeste (and owne) the Honourable House of Commons, (whose just interest we 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 iustice 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 maintaine) 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 feare of being traitorous and fellonious 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 we 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 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.
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 beene and still is a strong indeavour by a Malignant party to subvert the fundameneall 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 pursuance 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, practice, counsels, plots, conspiracies, do any thing to the contrary, and by their Vote of the 30. of June, 1641. They say, that what person soever that 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 first part book decl. p. 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* are bound by their Protestation to indeavour to bring them to condigne punishment. Another Order of the selfe same effect you may read pag 156. made by them 16 Aprill 1642.
And in their Declaration of 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 Declaration of the 19 May 1642. pag. 214 speaking of the many difficulties that they are forced to incounter with in the discharg of their duty to the Kingdome, they say, “yet we 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 ourselves, has they might not be betrayed by our neglect of the trust reposed in us.
And in their small declaration of the beginning of August 1642. pag. 496, replying unto his Maiesties Answers to their propositions, they say, “And having received so sharp a returne such expressions of bitternesse, a justification and a vowed protection of Delinquents from the hand of Iustice, Demands of so apparent dangers, such manifestations of an intention to destroy us, and with us the whole Kingdome, (and this most clearly evidenced by their subsiquent actions, even since these propositions have been made unto us from his Maiestie, overtunning 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 desparate 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 provison, for the preservation of ourselves, 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, their* Religion, and even for the safety of the Kings person now invironed by those who carrie him upon his own ruine, and the destruction of all his people: Atleast to give them warning, that all this, is in danger: That if the King may force this Parliament they may bid farewell 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 conscience, 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 deserved; which we cannot feare, having found upon all occasions, such reall demonstrations, of their love and affection, and of their right understanding and apprehention of our and their common dangers.
And in their large Declaration of the 2. Novemb. 1642. pag. 699 speaking of his Majesties, charge in his Declaration, where he compares them to the Anabaptists mentioned in Mr. Hookers booke, 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,* 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 be of so great honour and reverence within this Kingdome.
And in the same Declaration, pag. 728. answering his Maiesties charge fixed upon them, of designing the ruine not only of his Maiesties person, but of Monarchy it selfe; And we appeale to all the world, (say they) whither 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 Majestie can produce? And whether it be not high time for us to stand upon our defence, which nature teacheth* 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 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 Forfiting 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 own Authoryties which will put them all out of dispute the first is out of 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 Coranation. So as every just King in a setled Kingdom is bound to observe that Paction (or Covenant) made to his people by his lawes, inframing 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 soon 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 Commonwealth, thus for King Iames out of which the Author of that sheet drawes nine inferences or conclusions, the oft 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 he is, their King governing them according to his Laws, to the same effect is his fixt 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 lawlessly 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 lives and lands. Agam. 8 a King 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. 5. 3. 4. and if so then say we, wo, woe, woe, unto poore England, by reason of the perjuries or forswearing 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 justing him out of his regallity 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 an Ecclesiasticall Church government according to the word of 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 Majesterial 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. 156. 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 in trusts them to provide for their weale, nor 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 [Editor: illegible word] 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 need this equity be expressed in the law, being so naturally implyed and supposed in all Lawes that are not meerly imperiall, from that Analogue 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 [Editor: illegible word] 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.
|From our Prerogative Captivity (for the Lawes and the publique liberties of all the Commons of England, against the tyranny and usurpation of the House of Peers) in the prisons of the Tower of London, and Newgate this last of Februa. 1646.||Your faithfull and true Countrymen, though commonly (by the Scribes and Pharisees, Hypocrites of our present age) called Heretiques and Schismatiques, and Movers of sedition.|
|Iohn Lilburn. Richard Overton.|
Courteous Reader having here some spare roome, I iudge it convenient to fill it up with a notable petition delivered to the House of Commons, the 1. of March 1646. by young men, whose zeale and forwardnesse for their Countrys good, may be a shame to all the old men in the City, the Petition it selfe thus followeth.
THat out of the grounded confidence we have of the readinesse of this Honourable House, to heare and repaire the grievances of all those for whose well-fare you were chosen and betrusted to take care and provide; and being incouraged unto the same, by severall good*. Ordinances and Declarations, of your owne to that purpose.
Wee whose names are hereunto annexed, although the meanest members of this great Common Wealth; yet having by birth a right of subsistance, here conceive ourselves, (in our proportion) to have as reall an Interest in the Kingdomes enjoyments, as those who in respect of place or other accidents are above us: As also many of us, having under the direction of your Honourable grave Counsell and Guidance, freely adventured our lives, for the Preservation of our Native Rights, and the just Priviledges of our deare Country against the publique violaters of the same: upon these and other serious grounds, we are bold at this time to make our humble addresses to this Honourable and supream Court of Iudicature, (the only refuge under God we have to fly to) And in the first place we cannot but with all the thankfulnesse take notice of the unwearied paines, together with many great and almost intolerable difficulties by you undergone, in the faithfull discharge of your trust, in bringing about the establishment of a well grounded peace. The perfection of which (in relation to the common enemie) seemes now by the blessing of God to be brought neare to a wished period: yet the consumation of this worke being (as it were) the Crown of all our labours; we humbly conceive it may deservedly challenge from you a more then ordinary respect, which we doubt not but that your grave wisedomes are very sencible of: yet (noble Senators) let it seeme no presumption, if wee your poore Petitioners in all humility make knowne the grounds of some feares and iealousies to us apparent in this particular And those are (amongst other great grievances) chiefly derived from the present sence we have of the too much prevalency of that party who have dealt in the late wars, declared themselves disaffected to the peace & welfare of the Kingdome; who now seeme to be in hopes of obtaining that by policy, which they have not been able to doe by force. Cunningly contriving to aggravate and increase differences between the well affected party, and striving to bring an Odium upon all good men, under the distinction of severall tearmes of obloquie and disgrace by such subtle endeavours, labouring to avert the edge of justice from themselves, (who come deservedly under the stroke of it, and to turne it upon those who are most innocent. Strongly indeavouring (and have already affected it in part, to iustle all honest, faithfull, well affected men out of places of trust, office and authority, and to put in Newters, Ambodexters, or persons apparently disaffected: By all these meanes, together with the advantage of the Kingdomes present unsetledness) they seeme to be in a more then probable expectation of getting the reines once more in their owne hands, to the evident indangering, of the Common-wealths speedy ruine, and to the great griefe of your poore Petitioners, and all others who cordially desire the peace and safety of this distracted Kingdome. And further we are bold to make knowne (as more particularly relating to the condition of your Petitioners) That wheras, we [Editor: illegible word] being made free of the City, are injoyn’d by oath to maintaine the Liberties and Priviledges, of the same City; which notwithstanding we are in a great measure disabled to doe, by the intrusion of divers illegall and undue Customes and* Monopolies, (partly about the election and removall of our Magistrates) crept into the dimunition of the antient Liberties of this famous City, whose just immunities we are confident your honours have been and are very tender of.
Wherefore your Petitioners humbly pray, that this Honourable house taking into consideration the Premises, would be pleased by your mature Prudence and Care, to indeavour (as much as possibly you can) to take away all occasions of breaches between the well affected party. And that such as have in these late times of trouble, (by adventuring their lives or otherwise) approved themselves faithfull to their Countrys common good, may without respect to differences, no way prejudiciall to the Commonwealth, impartially injoy their Birth right, Priviledges, and be equally capable with others of the freedom to officiate in places of trust, which they are or shall be chosen unto. And on the contrary, that all these who have disfranchised themselves by Trayterously adhering to the enemy, may be disabled from bearing office, or voting in the Election of officers in the Common wealth, And we further crave, with submission to your Honours grave Approvements, that in regard of the Kingdomes present unsetlednesse, it may not be left destitute of a trusty and sufficient guard to secure it from intestine Broyles, and forraign Invasion. And as for your Petitioners more particular grievances, as they are members of this City; we humbly pray that you would be pleased by your Authority so to provide, that we, as we are or shall be capable of it, may be inabled to injoy the benefit of all ancient Charters and Grants, made and confirmed by severall Acts of Parliament,Especially the 4. Chart. of King Iohn. the Charter of Edw. 2. confirmed by Ed. 3. and his Counsell in Parliament. for the enlargement of our freedomes and Priviledges,, and that whatsoever hath been illegally intruded, may be taken away and made void. And lastly, as some have already desired, we likewise pray, that, if so small a thing may be worthy the intention of this grave and Honourable Assembly, you would be pleased to appoint sometimes of lawfull Recreations for servants, as your wisedomes shall thinke fit.
And your Petitioners, as they have many of them already, according to their duty, freely adventured their lives, and whatsoever was deare to them for the common safety of their Country so they still professe their readinesse, to give their best assistance to the suppressing all arbitrary and tyrannicall power: and to the upholding the fundamentall Rights and Liberties of the free-borne Englishmen, and the just Priviledges of this Honourable House against all that shall set themselves, in opposition of the same.
And be ever bound to pray, &c.
Whatsoever is contained in the Petition, the Subscribers will be ready to make good by particular instances, when they shall be lawfully called to the same.
Courteous Reader, whereas the former Impression was done in hast, there was 2. or 3. words misprinted, which are here mended, you are desired by these to correct those that come to your hand.
Die Lunæ 1 March. 1646.
A petition being stiled the humble petition of Divers Young men and Apprentices of the City of London was this day read, and it is ordered that Alderman Atkin, Col. Venn, and Mr. Vassell, doe from this House give the Petitioners thankes for the expression of their good affections, that they will take thier Petition into consideration in convenient time, and as for that businesse concerning dayes of relaxation is already under consideration and Committee.
Hen. Elsmge Cler. Par. Dom. Com.
And to fill up the sheet I shall desire the judicious Reader seriously to peruse that excellent petition of Ms. Lilburnes, delivered to the House of Commons, the 23. Sept. 1646. and then judge both in point of law; and matter of fact, betwixt the Lords and her husband, the petition thus followeth.
The humble Petition of Elizabeth Lilburne, Wife to Lievt. Col Iohn Lilburne, who hath been for aboue eleven weekes by past, most unjustly divorsed from him, by the House of Lords, and their tyrannicall Officers, against the Law of God, and (as shee conceives) the Law of the Land
Sheweth.THat you only and alone, are chosen by the Commons of England to maintaine their Lawes and Liberties, and to doe them Iustice and Righta which you have often before God and the World sworne to doeb yea, and in divers of your Declarations declared, it is your duty (in regard of the trust reposed in you so to doec without any private aimes, personall respect or passions whatsoeverd and that you thinke nothing too good to be hazzarded in the discharge of your consciences for the obtaining of these end.e And that you will give up your selves to the uttermost of your power and judgement to maintaine truth, and conforme your selves to the will of God,f which is to doe Iustice andg right, and secure the persons, estates, and Liberties of all that joyned with you,h imprecating the Iudgements of Heaven to fill upon you, when you decline from these ends, you judging it the greatest scandall that can be laid upon you, that you either doe or intend to subvert the Lawes, Liberties, and Freedomes of the People,i which freedomes, &c. you your selves call, the COMMON BIRTH. RIGHT OF ENGLISH-MEN,k who are borne equally tree, and to whom the Law of the Land is an equall inheritance) and therefore you confesse in your Declaration of 23. October 1642l It is your duty to use your best indeavours, that the meanest of the Commonalty, may injoy their owne birth-right, freedome and liberty of the Lawes of the Land, being equally (as you say) intituled thereunto with the greatest subiect. The knowledge of which as comming from your owne mouthes and pen, imboldneth your Petitioner (with confidence) to make her humble addresses to you, and to put you in mind that her husband above two monethes agoe made his formall and legall Appeal to you against the injustice, and usurpation of the Lords acted upon him, which you received, read, committed, and promised him justice in, But as yet no report is made of his businesse, nor any reliefe or actuall Justice holden out unto him, although you have since found time to passe the Compositions and pardons, for the infranchising many of those that your selves have declared Traytors, and Enemies to the Kingdome, which is no small cause of sorrow to your Petitioner, and many others, that her Husband who hath ventured his life, and all that he had in the World, in your lowest condition for you, should be so slighted and disregarded by you, as though you had forgot the duty you owe to the Kingdome, and your many oathes, vowes, and Declarations, which neglect hath hastned the almost utter ruine of your Petitioner her husband and small children: For the Lords in a most Tyrannicall and Barbarous manner, (being incouraged by your neglect) have since committed her husband, for about three weekes close Prisoner to New-gate, locked him up in a little Roome, without the use of Pen, inke or paper for no other cause but for refusing to kneel at the Bar, of those, that by Law are none of his Iudges)m the cruell Iaylors all that time refusing, to let your Petitioner, or any of his friends, to set their feet over the threshold of his Chamber dore, or to come into the prison yard to speake with him, or to deliver unto his hands, either meat, drink, money, or any other necessaries, A most barbarous and illegall crueltie so much complained of by your selves in your Petition and Remonstrance to the King, 1. December 1641.n and detested and abhorred there, by you, as actions and cruelties being more the proper issues of Turkes, Pagans, Tyrants, and men without any knowledge of God, then of those that have the least sparke of christianity, honour or Iustice in their breasts, And then while they thus tyrannized over your Petitioners Husband, they command (as your Petitioner is informed) Mr. Seargeant Finch, Mr. Herne, Mr. Haile, Mr. Glover, to draw up a charge against your Petitioners Husband, without giving him the least notice in the world of it, to fit himselfe against the day of his Tryall but contrary to all law, justice and conscience, dealt worse with him then ever the Star Chamber did, not only in keeping his Lawyer from him, but even all manner of Counsellers and Friends, whatsoever, even at that time when they were about to try him, and then of a sudden sent a warrant for him to come to their Bar, (who had no legall authority over him) to heare his Charge read, where he found the Earle of Manchester his professed Enemy, and the only party (of a Lord) concerned in the businesse, to be his chiefe Iudge, contrary to that just Maxime of Law, that no man ought to be both party and Iudge, A practice which the unjust Star Chamber it selfe, in the dayes of its tyranny, did blush at, and refuse to practise, as was often seen in the Lord Coventries case &c.) And without any regard to the Earle of Manchesters impeachment (in your House) of Treachery to his Country, by Lieut Gen. Cromwell, which is commonly reported to be punctually and fully proved, and a Charge of a higher nature then the Earle of Straffords for which be lost his head. And which also renders him (so long as he stand, so impreached) uncapable, in any sence, of being a iudge. And a great wrong and injustice it is unto the Kingdome to permit him, and to himselfe, if innocent not to have had a legall tryall ere this, to his justification, or condemnation. And besides all this, because your Petitioners husband stood to his appeale, to your honours and would not betray Englands Liberties, which you have all of you sworne to preserve, maintaine and defend, they most arbitrarily, illegally and tyrannically sentenced your Petitioners said Husband to pay 4000 l. to the King (not to the State) for ever to be uncapable to beare any office in Church or common wealth, either Marshall or civil, and to lye seven yeares a prisoner in the extraordinary chargeable prison of the Tower, where he is in many particulars, as illegally dealt with all, as he was when he was in Newgate.
Now forasmuch as the Lords as they claime themselves to be a House of Peers, have no legall judgement about Commoners, that your Petitioner can heare of, but what is expressed in the Statute of the 14 Ed. 2. 5, which are, delayes of iustice, or error in judgement in inferior Courts only, and that with such limitations, and qualifications, as are there expressed, which are, that there shall be one Bishop at least, in the judgement, and an expresse Commission from the King for their medling with it. All which was wanting in the case of your Petitioners Husband, being begun and ended by themselves alone, and also seeing that by the 29. chap. of Magna Charta your Petitioners Husband, or any other commoner what soever, in criminal cases are not to be tryed otherwise then by their Peers, which Sir Edward Cooks, in his Exposition of Magna Charta, which book is printed by your owne speciall authority, saith, is meant Equals, folio 28 In which, saith he, fol. 29 are comprised Knights, Esquires, Gentlemen, Citizens, Yeomen, and Burgesses of severall degrees, but not Lords. And in pag 46. he saith No man shall be disseised, that is, put out of seison or dispossessed of his freehold, that is, such he, Lands or lively hoods, 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 Equalls, that is, saith hee, of 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. And saith hee, No man shall be in any sort distroyed, unlesse it be by the verdict and judgement of his Peers, that is Equalls, or by the law of the land. And the Lords themselves in old time, did truly confesse: that for them to give judgement of a Commoner in a criminall case, is contrary to Law, as it cleere by the Parliaments Record in the case of Sir Simon de Hereford 4. Ed. 3. Rot. 2, the Copie of which is now in the hands of Mr. Henry Martin, and they there record it, that his case who was condemned by them for murthering King Edward 2. shall not be drawne in future time into president because it was contrary to Law, they being not his Peers, that is his Equalls. And forasmuch as the manner of their proceedings was contrary to all the formall wayes of the Law publiquely established by Parliaments in this Kingdome, as appeares by severall Statuteso which expressly say, that none shall be imprisoned nor put out of his freehold, not of his franchises nor free customes, unlesse it be by the Law of the land, and thus none shall he taken by Petition or Suggestion made to the King, or to his Counsell, unlesse it be by indictment or presentment of good and lawfull people of the same neighbourhood where such deeds be done, in due manner, or by processe made, by wait originall at the common law, Which Statutes are Nominally and express confirmed by the Petition of Right, by the act made this present Parliament for the abolishing the Star-chamber, and thereby all acts repeated that formerly were made in derogation of them. But contrary hereunto the lords (like those wicked Iustices spoken of by St. Edward Cooke, in stead of trying her Husband by the law of the Land, proceed against him by a partiall tryall, flowing from their Arbitrary will, pleasure, and different For though they summoned him up to their Bar. Jun. 10. 1646. to answer a change, yet they refused to shew it him, or give him a Copy of it, but committed him to New-gate Iune 11. 1646. (although he behaved him selfe then, with respect towards them, both in word and gesture, meerly for refusing to answer to their Spanish Inquisition-like. Interogations, and for delivering his legall Protestition. Their [Editor: illegible word] being is illegall as their summoning of him and their other proceedings with him. Their Commitment [Editor: illegible word] To be kept there not till he be delivered by due course of Law, but During their pleasure, which Sir Edward Cooke such is illegall, and then locked up close, that so he might be in [Editor: illegible word] impossibillity to understand how they intended to proceed against himpq.
*wWherefore your Petitioner humbly prayeth to grant unto her husband the benefit of the Law, and to admit him to your Bar himself, to plead his owne cause, if you be not satisfied in the manner of his proceedings, or else according to law, justice, and that duty and obligation that lieth upon you, forthwith to release him from his unjust imprisonment, and to restrain and prohibit the illegall and arbitrary proceedings of the lords, according to that sufficient power instated upon you, for the inabling you faithfully to discharge the trust reposed in you, and to vacuate this his illegall sentence and fine, and to give him just and honourable reparations from the Lords and all those that have unjustly executed their unjust command; it being a rule in Law and a maxime made use of by your selves in your declaration [Editor: illegible word] 1642.r that the Kings illegall commands, though accompanied with his presence doe not exeuse those that obey them, much lesse the Lords, with which the Law accordeth: and so was resolved by the Iudges, 16. Hon. 6,s And that you will legally and iudicially, examine the crimes of the Earle of Manchester, and Col. King, which your petitioners husband and others have so often complained to you off, and doe examplary iustice upon them, according to their deserts, or else according to law and iustice punish those (if any) that have falslyt complained of them. And that you would without further delay give us reliefe by doing us iustice,u All which she the rather defileth because his imprisonment in the Tower is extraordinary chargeable and insupportable, Although by right, and the custome of that place, his fees, chamber, & diet ought to be allowed him & paid out of the treasure of the Crown, having wasted and spent himselfe with almost six yeares attendance, and expectation upon your honours for justice and reparations against his barbarous sentence, &c. of the Star-Chamber, to his extraordinary charge and dammage, and yet never received a penny, and also lost divers hundreds of pounds, the yeare he was a prisoner in Oxford Castle for you, neither can he receive his Arrears (the price of his blood) for his faithfull service with the Earle of Manchester although he spent with him, much of his owne money, And the last yeare, by the unadvised meanes of some Members of this honourable House was committed prisoner for above 3 moneths, to his extraordinary charges and expences; and yet in conclusion, he was releast, and to this day knoweth not wherefore he was imprisoned, for which according to law and justice he ought to receive reparations, but he never yet had a penny, all which particulars being considered, doe render the condition of your petitioner, her husband and children to be very nigh ruine and destruction, unlesse your speedy and long expected justice prevent the same, which your Petitioner doth earnestly intreat at your hands as her wright, and that which in equity honour and conscience cannot be denyed her.
and as in duty bound, she shall ever pray, that your hearts may be kept upright, and thereby enabled timely and faithfully to discharge the duty you owe to to the Kingdome according to the great trust reposed in you, and so free your selves from giving cause to be iudged men that sicke your selves more then the publique good. Elizabeth Lilburn.
And to close up all, I shall desire the Reader to take a view of the particular ordinary fees that every compounder payes for the suing out his pardon. First, the ordinance is to be presented by the Chair-man of Goldsmiths hall committee of the House of Commons and there to be read, for passing of which these exorbitant fees are to be paid. To the Speaker of the House of Com. 5. l. to Mr. Hen Elsinge Clerk of the House of Com. 2. l. to the Sergeant at Armes, of the House of Com. 1, l. 10. s. to the inferior Clerks of Mr. Elsings office 10. s. to the Sergeants Clerke 5, s. and to other officers there 5, s. To the Clerk of the Lords House, and Gentleman Vsher of the black Rod, &c. 12. I. To Mr. Soliciter, St. Iohn of the Commissioners of the Great Seale 14. l. the total of which is 35 l. 10. s. and it hath been credibly reported that above a yeare agoe there was above threescore 1000. Delinquents had entered their names for composition at Goldsmiths hall, of whom if there be twenty thousand that hath actually compounded, or intends to doe it, the very fees of them comes to above 700000 l, which goes into the forementioned officers pockets, the Speakers share at 5. l. a man, is 100000. l. ‘and Mr. Solicitors, St. Iohns at five l. a man as much, surely if such large fleece of Money can be put into particular pockets. England shall not be free of Delinquents enough, principally so made, to make particular men rich. But besides all this, the Speakers place as Speaker, and Mr. of the Rowles, and halfe Keeper of the Great Seale, it not easily to be computed, of whom, &c. it may truly be said they have not lesse then the annuall revenue of petty princes, and therefore it becomes them to keep the people in bondage, least they should overthrow their unfadomable, unjust gettings
And we are sure, no more hath the Parliament, and yet they themselves dispose of the Common-wealths money to themselves, for their own particular advantage, to the great detriment of those that chused and trusted them, for which they may as iustly question them as they have done the King.
See his notable Declaration, beginning, 2. part book decl. pa. 100. read pag. 447. 445. Ibim.
Numb. 30. 2. Deut. 23. 12. 23. Zach. 5. 4. 5.
If so then as Samuel said to Saul, 2 Sam. 15. 14. What meaneth then this bleating of the sheep in my eares, and the lowing of the Oxen which I heare.
Out of thy owne mouth will I iudge thee, Luke 19. 22. for if this diffinition of tyranny, be true we are very sure we are under it.
We say no more but wish you had not.
No not so, for you have a power to carve for your selves which you doe.
See I part of b. decl, pag. 696.
Which undoubtedly will, if the word of God be true Num. 30, 2. Deut. 23. 21. 22. Eccle. 5. 4 5. Zec. [Editor: illegible word] 4 5. [Editor: illegible words]
Mark it well.
Observe this well yee free men of England.
Marke it well yee Commons of England.
That we absolutely deny, and therefore if the blind lead the blind they must needs fall both into the ditch.
And if the people should doe themselves right, what should become of the Earle of Manchester old Sir Henry Vaine, Mr. Barwis, &c. for visibly betraying their severall trusts. See Englands Birth-Right, and in Iohn Musgraves bookes, &c.
Above all here expressed take speciall notice of this undeniable and avowed principall.
A Declarat. May 19. 1642. Remonst. May 26. 1642.
A clause of 11. of Hen. 6.
Coll. of decl. pag. 264. 336. 382. 508, 613, 705. 711. 716. 721, 724. 725, 726. 729. 730.
coll. dec. pag. 361, 663. protestation and covenant.
coll. decl. pag. 81. 172. 262. 266, 267. 340. 459. 462, 487. 473, 588, 690.
col. dec. p. 464, 490, 750.
col. dec. pag. 214.
col. dec. pag. 666.
Ier. 22-15, 16 17.
col. dec. pag. 666. 673.
col. dec. p. 264. 281. 494. 697. 497. 654, 694, 696.
col. dec. p. 738. 140, 845,
pag. 660. dec. 460, 673.
Magna Charta 29. Sir Ed. Cook 2. part institutes fol. 28. 29. 46. Rot. 2. 14. Ed. 3.
col. dec. 6, 7. 8.
5. Ed. 3. 9. 25. Ed. 3. 4. 28. Ed. 3. 3. 37. Ed, 3 8 38. Ed. 3. 9. 42. Ed. 3. 3. 17. Ri. 2. 6. Rot par 43. Ed. 3. Sir 10. [Editor: illegible word] case, Num. 21, 22, 23, &c. lib. 10. fol. 74. in case [Editor: illegible word] marshal. fea. see Cook, 2. part inst. fol. 46.
2. part inst. 4.
2 part inst. fol. 53. 56.
Rot. Par. 2. 1. H. 4. Mem. 2. Num. 1. 27. 2. part Inst. fol. 51. 4. part. inst. fol. 41. book decl 38. 39. 77. [Editor: illegible word] 277. 278. 458. 459. 660. 845.
book dec. 1 part. 127, 174. 244, 253, 282. 284. 285. 312. 313, 321. 322. 467. 490. 514. 516. 520. 521. 532. 533. 534. 535, 537. 539, 541. 543. 555. 560.
col. dec. p. 723.
See Cook. 2. part. inst fol. 187.
3. Ed. 2.. 3. 37. E. 3. 18. 38. Ed. 3. 9. 2. K. 2. 5. 17. R. 5. 6. 2. P. and M. 3. 1. Eliz. 6.
9. H. 2. 29. 2. 2. E. 3. 8. 5. E. 3. 9. 14. E. 3. 14, 11. E. 2. 10.