A32124	----	His Maiesties speech to both houses of Parliament, July the 5th 1641 with Mr. Speakers speech, before the King, in the vpper house of Parliament, July the 3, 1641, concerning the passing of three bills, 1. poll-money, 2. Star-chamber, 3. high commission. England and Wales. Sovereign (1625-1649 : Charles I) This text is an enriched version of the TCP digital transcription A32124 of text R13562 in the English Short Title Catalog (Wing C2797A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 9 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A32124 Wing C2797A ESTC R13562 12097695 ocm 12097695 54009 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A32124) Transcribed from: (Early English Books Online ; image set 54009) Images scanned from microfilm: (Early English books, 1641-1700 ; 863:21) His Maiesties speech to both houses of Parliament, July the 5th 1641 with Mr. Speakers speech, before the King, in the vpper house of Parliament, July the 3, 1641, concerning the passing of three bills, 1. poll-money, 2. Star-chamber, 3. high commission. England and Wales. Sovereign (1625-1649 : Charles I) Charles I, King of England, 1600-1649. Lenthall, William, 1591-1662. [2], 6 p. [s.n.], London : 1641. Reproduction of original in the University of Illinois (Urbana-Champaign Campus). Library. A review by the King of his recent concessions to Parliament and a similar review by Speaker Lenthall of Parliament's concessions to the King. eng England and Wales. -- Parliament. Great Britain -- Politics and government -- 1642-1649. A32124 R13562 (Wing C2797A). civilwar no His Majesties speech. To both houses of Parliament, July the 5th 1641. With Mr Speakers speech, before the King, in the Vpper House of Parli England and Wales. Sovereign 1641 1522 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2004-01 TCP Assigned for keying and markup 2004-02 SPi Global Keyed and coded from ProQuest page images 2004-07 Jonathan Blaney Sampled and proofread 2004-07 Jonathan Blaney Text and markup reviewed and edited 2004-10 pfs Batch review (QC) and XML conversion HIS MAIESTIES SPEECH , To both houses of PARLIAMENT , JULY the 5th 1641. WITH Mr SPEAKERS SPEECH , Before the KING , in the Vpper House of PARLIAMENT , Iuly the 3d , 1641. Concerning the passing of three Bils , Viz. 1 Poll-Money . 2 Star-Chamber . 3 High Commission . London Printed 1641. THF KINGS SPEECH To both Houses of Parliament , the fifth of Iuly , 1641. I Come to doe that office which I did on Saturday last , to give determination to these two Bills : But before I doe it , I must tell you that I cannot but be very sensible of those reports of discontent , that I heare some have taken , for not giving my Assent on Saturday last . Me thinkes it seemes strange that any one should thinke I could passe two Bills of that importance as these were , without taking some fit time to consider of them , for it is no lesse then to alter in a great measure , those fundamentall Lawes Ecclesiasticall and Civill , which many of my Predecessours have established , &c. If you consider what I have done this Parliament , discontent will not sit in your hearts ; for I hope you remember that I have granted that the Judges hereafter shall hold their places , Quam diu bene se gesserint . I have bounded the Forrest , not according to my right , but according to the late Customes , I have established the property of the Subject , as witnesse the free giving , not taking away the Ship-money . I have establishing by Act in Parliament the property of the subject in Tunnage and Poundage , which never which never was done in any my Predecessours times , I have granted a Law for a Trienniall Parliament , and given way to an Act for the securing of monies advanced for the disbanding of the Armies , I have given free Course of Justice against Delinquents , I have put the Law in Execution against Papists . Nay , I have given way to every thing that you have asked of me , and therefore me thinkes you should not wonder if in some thing I begin to refuse , but I hope it shall not hinder your Progresse in your great Affaires . And I will not sticke upon triviall matters to give you Content , I hope you are sensible of these beneficiall favours bestowed upon you at this time . To conclude , you know ( by your consent ) there is a prefixed time set for my going into Scotland , and there is an absolute necessity for it , I doe not know but that things may so fall out , that it may be shortned ; Therefore I hope you will hasten the dispatch of those great businesses that now is necessary to be done , and leave triviall and superficiall matters to another meeting . For my part I shall omit nothing that may give you just contentment , and study nothing more then your happinesse , and therefore I hope you shall see a very good Testimony of it by the passing these two Bills . Le Roy Le veult . This done , his Majestie said as followeth : viz. I have one word more to speake unto you , and take now an occasion to present to both Houses , that whereby I hope all the world shall see that there is a good understanding betweene me and my people . It is concerning my Nephew , the Prince Elector Palatine , who having me and the King of Denmarke to give to a writing concerning the Dyet at Ratisbone with the Emperour , I could not but send my Ambassadour to Assist him , though I am afraid I shall not have so good an answer as I expect , which my Newphew fore-seeing , hath desired me , for the better countenancing of the same , to make a Manefesto in my name , which is a thing of great consequence , and if I should doe it alone , without the advice of my Parliament , it would rather be a scorne then otherwise ; Therfore I doe propose it unto you , that if you should advise me to it , I doe thinke it were very fit to bee published in my name . Mr. SPEAKERS SPEECH . THe Government of a Commonwealth rests in the Rules of order , and hath so much affinity and consent with the Rules of Nature , in the government of the World , that the first copie and mutation of the one may seeme to bee taken from the originall and first modell of the other . This contemplation ( most excellent and gracious Soveraigne ) casts our eyes upon your Sacred Majesty , as that Celestiall Orbe , which never resting without the office of perpetuall motion , to cherish the lower bodies , not enriching it selfe with any treasures drawne from below , exhales in vapours from the inferiour Elements , what indue season it returnes in showres . The application makes us consider our selves , those sublunary creatures which having their essence and being from the influence of those beames ( as the flowers of the field ) open to receive the glory of the Sun . In this relation both contribute to the common good , your sacred Majestie as a Nursing Father designed to bestow on your people , the blessing of peace and unity , and we as the children of obedience returne our duties and affections in Aids and Tributes . And this compacted in one body by the ligaments of Religion and Lawes , hath been the object of admiration to the whole world . Amidst the distraction of forreigne Nations , wee onely have sate under the shadow of our Vines , and dranke the wines of our owne Vintage . But your crafty adversaries , perceiving that the fervent profession of your owne Religion and firme observation of our Lawes , have beene the pillars of our prosperity , By subtile insinuations , pretending a Politike necessity to admit of moderation in our Religion , to comply with forraine Princes , and suggesting it a principall in the rule of Soveraignty , to require and take into , aske & have , that it must be postulare by power , not petere by Lawes , and keep this misery of warre and calamity , betweene Nation and Nation , and put us in the posture of gaze to the whole world . But when wee behold your sacred Majesty discended from the Royall loines of that glorious King , which by his wisdome and Policie , first ingrafted the white Rose and the Red , upon the same stock , and sheithed the sword that had pierced the bowels of so much Nobilitie , glutted with the blood of people , and then laid the first hopes of the happy union between the Nations . When our thoughts refresh themselves with that happy memory of that religious King your gracious Father , on whose sacred Temples both Diadems were placed , wrethed about with this motto , Faciam eos ingentem unam , we cannot but believe that God and Nature ( by a lineall succession from those Fathers of peace ) hath ordained you that lapis Angularis upon which the whole frame settles , and put into the hands of you sacred Majestie , the possibility and power to firme and stablish this happy union betweene your Kingdomes , and so raise your memory a Statue of glory and wisdome from generation to generation . In all this length of time , the assurance of this Union and peace hath been the chiefe object of our desires , Our Purses have beene as open as our hearts , both contributing to this great work , manifested by so many Subsidies already presented , sufficient in our first hopes for the full perfection . But finding that faile , have againe adventured upon your peoples property , and in an old and absolute way , new burnisht by the hand of instant necessity , expressed to the World the heart of a loyall people , and howsoever guided with a new name of tranquility and peace to your Kingdome , that with more case the people may disgest the bitternesse of this Pill , yet still our hearts had the same aime and object . A gift sutable to the necessity of such vast extent that time cannot parallell it by any example . And by which , if your sacred Majesty vouchsafe your Royall assent , wee shall not doubt you may soone accomplish those happy effects that may present your wisdome the object of wonder , and your policy to bee admired amongst the Nations . FINIS . 
A32137	----	His Maiesties speech with Mr. Speakers speech to both Houses of Parliament, at the passing of the bill for tonnage and poundage : being an answer to Mr. Speakers speech at the presenting thereof, 22 June, 1641. Lenthall, William, 1591-1662. This text is an enriched version of the TCP digital transcription A32137 of text R41770 in the English Short Title Catalog (Wing C2818). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A32137 Wing C2818 ESTC R41770 31360613 ocm 31360613 110749 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A32137) Transcribed from: (Early English Books Online ; image set 110749) Images scanned from microfilm: (Early English books, 1641-1700 ; 1736:17) His Maiesties speech with Mr. Speakers speech to both Houses of Parliament, at the passing of the bill for tonnage and poundage : being an answer to Mr. Speakers speech at the presenting thereof, 22 June, 1641. Lenthall, William, 1591-1662. Charles I, King of England, 1600-1649. 1 sheet ([1] p.). s.n., [London : 1641] Place and date of publication from Wing (2nd ed.) "Mr. Speaker's speech" appears first on the sheet, and comprises most of the text. William Lenthall (1591-1662) was speaker of the House of Commons -- cf. DNB. Reproduction of original in the Bodleian Library. eng Tonnage fees -- England. Great Britain -- History -- Charles I, 1625-1649. Broadsides -- London (England) -- 17th century. A32137 R41770 (Wing C2818). civilwar no His Maiesties speech: with Mr. Speakers speech,to both Houses of Parliament; at the passing of the bill for tonnage and poundage: being an a England and Wales. Sovereign 1641 1020 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2004-01 TCP Assigned for keying and markup 2004-02 SPi Global Keyed and coded from ProQuest page images 2004-03 Mona Logarbo Sampled and proofread 2004-03 Mona Logarbo Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms ❧ His Maiesties Speech : With Mr. SPEAKERS Speech , to both Houses of Parliament ; At the passing of the Bill for Tonnage and Poundage : Being an Answer to Mr. SPEAKERS Speech at the presenting thereof , 22. June 1641. THat policy , most gracious and dread Soveraigne , which weighs the Prerogative of the King and property of the Subject in the same Scales , and increases the plenty of the Crowne and government of the people ; the even poysing of this Beame enables both , the one being ordained for the preservation of the other . This principle is so riveted into the hearts of your Subjects by the acts of their Ancestors , and traditions of their fore-fathers , that it hath created a beliefe in them , that their wills are bound to a due allegiance , and their fortunes and estates , as well as their duty and subjection , must bend to the commands of that Soveraigne power with which God hath invested your sacred Majesty . Compulsary obedience , advanced by the transcendent power of Prerogative , is too weake to support the right of government : It is the affections and estates of your people , tyed with the threads of obedience , by the rules of Law , that fastens safety and prosperity to the Crowne . The experiment of elder times , in the raignes of the most valiant puissant Princes , hath concluded this the soveraigne preservative against the diseases of distraction and confusion , and makes it manifest to the world , that the honour and glory of this Throne is to command the hearts of free-men . This admitted , the permission of the least diminution , or any eclypsed interposition betweene the honour and plenty of the Crowne , contracts a scorne upon the Nation . Severall Parliaments in former times have stampt the Caracter of a free gift upon the fore-front of this ayd , still offered by the people as a sacrifice of thankesgiving to the Crowne , for the safe conduct of your Merchants , and provision of the Navie , to strengthen your undoubted Dominion over the seas , which hath protected your Allyes , and is a terrour to your Enemies . Our hopes were long since to have settled this for the measure and the time , and with this to have presented to your sacred Majesty the triumphant palme of Tranquillity in all your Kingdomes : But , as a ship floating upon a rough sea , wee have beene cast upon the rocke of feare and dangers , and tossed on the billowes of distraction and distrust of Church and Common-wealth , where we yet remaine hopelesse ever to passe through that narrow channell which leads to the Haven of peace , unlesse we be speedily steered on by the hand of your sacred wisedome , care and providence . In the midst of all these troubles , and the severall opinions which have beene amongst us , no division had power to distract any one of us from the care and duty wee owe to your sacred person . And , to that end am I now sent by the Commons of England , to present this as a Marke onely , whereby your sacred Majesty may view the inward duties of our hearts , untill time and opportunity will give leave for a further expression of our duties and affections . The acceptation of this gift will glad the hearts of your people , and the approbation by the royall assent of this Bill ( being the largest for the measure which was ever given ) will joyne wings to our desires and hopes , which shall never returne without that Olive-leafe , which may declare that the waters are abated , and your sacred Majesty may have full assurance of the faith and loyalty of your subjects . His Majesties SPEECH . I Doe very willingly accept your offer made at this time , as a testimony of your love , and beginning of your dutifull affections unto mee ; And I no way doubt , but that you will performe that which you have intimated unto me , and that in due time you will performe the rest , when you have leisure . I doe not doubt likewise , but that in passing this Bill you will see a testimony of the trust and confidence I have in your affections , as also that I omit no occasion whereby I may shew that affection to my people , that I desire my people would shew to me , as in this Parliament hitherto no body can say but that I have sought occasions both to shew my affections unto them , and to remove disputes . And therefore in this particular Bill I hope you will know that I do freely and frankly give over the right which my Predecessours have ever challenged unto them ( though I confesse disputed , but yet they did never yeeld in their times ; ) Therefore you will understand this but a marke of my confidence to put my selfe wholly upon the love and affection of my people for my subsistence ; And therefore I hope that in prosecution of this , you will go on as you have said , and that , though you have rumors of jealousies and suspitions , by flying and idle discourses , that have come to my eares , concerning the ordinary way , I confesse I never understood otherwise then as having relation to the Scotish army , and preventing insurrection ; which vanished as soone as they were borne . And therefore now you see my clearnesse , I will leave that to you , and will not meddle with it one way or other , for I never had other designe but to win the affections of my people by my Justice in my Government . 
A35092	----	A letter from the Right Honorable, the Lord Lieutenant of Ireland to the Honorable William Lenthall, Esq., speaker of the Parliament of England concerning the taking in and surrendring of Enistery, Carrick town and castle, Passage-fort, Bandon-bridge, Kingsale, and the fort there. Cromwell, Oliver, 1599-1658. This text is an enriched version of the TCP digital transcription A35092 of text R3521 in the English Short Title Catalog (Wing C7101). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 12 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A35092 Wing C7101 ESTC R3521 11882865 ocm 11882865 50337 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A35092) Transcribed from: (Early English Books Online ; image set 50337) Images scanned from microfilm: (Early English books, 1641-1700 ; 23:28) A letter from the Right Honorable, the Lord Lieutenant of Ireland to the Honorable William Lenthall, Esq., speaker of the Parliament of England concerning the taking in and surrendring of Enistery, Carrick town and castle, Passage-fort, Bandon-bridge, Kingsale, and the fort there. Cromwell, Oliver, 1599-1658. Lenthall, William, 1591-1662. 8 p. Printed by John Field for Edward Husband ..., London : 1649. Signed: O. Cromvvell. Reproduction of original in Harvard University Libraries. eng Ireland -- History -- 1649-1660. Great Britain -- History -- Civil War, 1642-1649 -- Campaigns. A35092 R3521 (Wing C7101). civilwar no A letter from the Right Honorable, the Lord Lieutenant of Ireland, to the Honorable William Lenthall Esq; Speaker of the Parliament of Engla Ireland. Lord Lieutenant 1649 2159 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2004-01 TCP Assigned for keying and markup 2004-01 Apex CoVantage Keyed and coded from ProQuest page images 2004-02 Judith Siefring Sampled and proofread 2004-02 Judith Siefring Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion A LETTER From the Right Honorable , The Lord Lieutenant of Ireland , TO The Honorable William Lenthall Esq Speaker of the Parliament of England , Concerning The Taking in and Surrendring OF Enistery . Carrick Town and Castle . Passage-Fort . Bandon-Bridge . Kingsale , and the Fort there . Die Mercurii , 12 Decembr . 1649. ORdered by the Parliament , That this Letter be forthwith printed and published , and Read in all Churches and Chappels in and about the City of London , late Lines of Communication , and Bills of Mortality . Hen : Scobell , Cleric . Parliamenti . London , Printed by John Field for Edward Husband , Printer to the Parliament of England . 1649. Die Mercurii , 12 Decemb. 1649. A Letter from the Lord Lieutenant from Ireland , was this day read . ORdered by the Parliament , That the said Letter be forthwith printed and published , and that the same be sent to the Lord Mayor of London , and that the Lord Mayor do take care , that the said Letters be sent and dispersed to the several Ministers of the several Parishes in and about the City of London , late lines of Communication and Bills of Mortality . Ordered , That publique Thanks be given to Almighty God on the next Lords Day , in all the several Churches in and about the City of London , and within the late lines of Communication , and Bills of Mortality , for his great Mercies , in giving as these seasonable and great Victories in Ireland ; And that this Letter of the Lord Lieutenant General be then publiquely read in all the said several Churches in and about the said City , and within the lines of Communication and Bills of Mortality . Hen : Scobell , Cleric . Parliamenti . For the Honorable William Lenthal Esq Speaker of the Parliament of England . Mr. Speaker , THe Enemy being quartered between the two Rivers of Noer and the Barrow , and Masters of all the Passages thereupon , and giving out their Resolution to fight us thereby , as we conceived laboring to get reputation in the Countreys , and accession of more strength ; It was thought fit our Army should march towards them , which accordingly upon Tuesday the fifteenth instant was done . The Major General and Lieutenant General ( leaving me very sick at Ross behinde them ) with two Battering Guns , advanced towards Enistery , a little walled Town about five miles from Ross , upon the Noer , on the South-side thereof , which was possessed by the Enemy ; but a party of our men , under the command of Colonel Abbot , the night before approaching the Gates , and attempting to fire the same , the Enemy ran away through the River , leaving good store of Provisions behinde them : Our Commanders hoped by gaining of this Town , to have gained a Pass , but indeed there fell so much sudden wet , as made the River unpassable , by that time the Army was come up : Whereupon , hearing the Enemy lay about two miles off upon near Thomas Town , a pretty large walled Town upon the Noer , on the North side thereof having a Bridge over the River ; our Army marched thither , but the Enemy had broke the Bridge , and Garisoned the Town , and in the view of our Army marched away to Kilkenny , seeming to decline an Engagement , although I believe they were double our numbers , which they had power to have necessitated us unto , but was no ways in our power ( if they would stand upon the advantage of the Passage ) to engage them unto , nor indeed to continue out two days longer , having almost spent all the bread they carried with them : Whereupon ( seeking God ) for direction , they resolved to send a good party of Horse and Dragoons under Colonel Reynolds to Carrick , and to march the residue of their Army back towards Ross , to gain more bread for the prosecution of that design , if by the blessing of God it should take . Colonel Reynolds marching with twelve Troops of Horse , and three Troops of Dragoons , came betimes in the morning to Carrick , where dividing himself into two parties , whilest they were amused with the one , he entred one of the Gates with the other ; which the Soldiers perceiving , divers of them and their Officers escaped over the River in Boats ; about a hundred Officers and Soldiers taken Prisoners , without the loss of one man of our part : In this place is a very good Castle , and one of the ancientst Seats belonging to the Lord of Ormond in Ireland ; the same was rendred without any loss also ; where was good store of Provisions for the refreshing of our men . The Colonel giving a speedy intelligence of Gods mercy in this , We agreed to march with all convenient speed , the residue of the Army up thither , which accordingly was done upon Wednesday and Thursday , the 21 and 22 of this instant ; and through Gods mercy I was enabled to bear them company . Being come thither , we did look at it as an especial good hand of Providence to give us this place , inasmuch as it gives us a passage over the River Sewer , to the City of Waterford , and indeed into Munster , to our Shipping and Provisions , which before were beaten from us out of our Waterford Bay , by the Enemies Guns . It hath given us also opportunity , to besiege or block up Waterford : And we hope our Gracious God will therein direct us also . It hath given us also the opportunity of our Guns , Ammunition , and Victuals ; and indeed Quarter for our Horse , which could not have subsisted much longer ; so sweet a mercy was the giving of this little place unto us , having rested there a night , and by noon the next day gotten our Army over the River , leaving Col : Reynolds with about One hundred and fifty Foot , his own six Troops of Horse , and one Troop of Dragoons , with a very little Ammunition , according to the smalness of our marching store : We marched away towards Waterford upon Friday 23 , and on Saturday about noon came before the City ; the Enemy not being a little troubled at this unsuspected business ( which indeed was the meer guidance of God ) marches down with great fury towards Carrick , with their whole Army , resolving to swallow it up ; And upon Saturday the Four and twentieth , assaults the place round , thinking to take it by storm ; but God had otherwise determined , for the Troopers and the rest of the Soldiers with stones , did so pelt them , they continuing very near four hours under the walls , having burnt the Gates , which our men Barocado'd up with stones ; and likewise digged under the walls , and sprung a small Mine , which flew in their own faces ; but they lost above forty or fifty men dead under the walls , and have drawn off , as some say , near Four hundred more , which they buried up and down the Fields , besides what are wounded , and as Inchiquin himself confessed , in the hearing of some of their Soldiers lately come to us , hath lost him above One thousand men : The Enemy was drawing off his dead a good part of the night ; they were in such haste upon the assault , that they killed their own Trumpet , as he was returning with an Answer to a Summons sent by them ; both in the taking and defending of this place , Col : Reynolds his carriage was such , as deserves much honor . Upon our coming before Waterford , I sent the Lieutenant General with a Regiment of Horse , and three Troops of Dragoons , to endeavor the reducing of Passage-Fort , a very large Fort , with a Castle in the midst of it , having five Guns planted in it , and commanding the River better then Duncannon , it not being much above Musquet shot over where this Fort stands , and we can bring up hither Ships of Three hundred Tuns , without any danger from Duncannon ; upon the attempt , though our materials were not very apt for the business , yet the Enemy called for Quarter , and had it , and we the place : We also possessed the Guns , which the Enemy had planted to beat our Ships out of the Bay , two miles below . By the taking of this Fort , we shall much streighten Duncannon from provisions by water , as we hope they are not in a condition to get much by Land ; besides the advantage it is of to us , to have provisions to come up the River . It hath pleased the Lord whilest these things hath been thus transacting here , to adde to your interest in Munster , Bandon-Bridge , the Town as we hear upon the matter , thrusting out yong Jepson , who was their Governor , or else he deserting it upon that jealousie ; As also Kingsale , and the Fort there , out of which Fort Four hundred men marched upon Articles when it was surrendred , so that now by the good hand of the Lord , your interest in Munster is near as good already , as ever it was since this War begun . I sent a party about two days ago to my Lord of Broughil , from whom I expect to have an Accompt of all . Sir , what can be said to these things ? is it an Arm of Flesh that doth these things ? is it the Wisdom and Councel , or Strength of men ? it is the Lord onely ; God will curse that man and his house , that dares to think otherwise . Sir , you see the Work is done by divine leading ; God gets into the hearts of men , and perswades them to come under you . I tell you , a considerable party of your Army , is fitter for an Hospital then the Field : If the Enemy did not know it , I should have held it impolitique to have writ it : They know it , yet they know not what to do . I humbly beg leave to offer a word or two ; I beg of those that are faithful , that they give glory to God ; I wish it may have influence upon the Hearts and Spirits of all those that are now in place of Government , in the greatest Trust , that they may all in Heart draw neer unto God , giving him glory by holiness of life and conversation , That these unspeakable Mercies , may teach dissenting Brethren on all sides to agree , at least in praising God . And if the Father of the Family be so kinde , why should there be such jarrings , and heart-burnings amongst the Children ? And if it will not yet be received , that these are Seals of Gods Approbation of your great change of Government , which indeed was no more yours , then these Victories and Successes are ours : with us say even the most unsatisfied heart , That both are the Righteous Judgments , and Mighty Works of God ; that he hath pulled down the Mighty from his Seat ; that calls to accompt innocent blood ; that he thus breaks the Enemies of his Church in peeces ; and let them not be sullen , but praise the Lord ; and think of us as they please , and we shall be satisfied , and pray for them , and wait upon our God ; and we hope we shall seek the Welfare and Peace of our Native Countrey ; and the Lord give them hearts to do so too . Indeed I was constrained in my Bowels to write thus much : I ask your pardon , and rest Your most humble Servant , O. CROMVVEL . FINIS . 
A35095	----	Lieut. Generall Cromwells letter to the Honorable William Lenthall Esq., speaker of the House of Commons, of the surrender of Langford-House neer Salisbury with the articles of agreement concerning the same : together with a letter concerning a great victory obtained by Col. Rossiter against Prince Rupert and Prince Maurice, neer Belvoyr Castle in Leicestershire : also another letter concerning the taking of two hundred horse ... Cromwell, Oliver, 1599-1658. This text is an enriched version of the TCP digital transcription A35095 of text R24797 in the English Short Title Catalog (Wing C7109). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 7 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A35095 Wing C7109 ESTC R24797 08495967 ocm 08495967 41416 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A35095) Transcribed from: (Early English Books Online ; image set 41416) Images scanned from microfilm: (Early English books, 1641-1700 ; 1253:24) Lieut. Generall Cromwells letter to the Honorable William Lenthall Esq., speaker of the House of Commons, of the surrender of Langford-House neer Salisbury with the articles of agreement concerning the same : together with a letter concerning a great victory obtained by Col. Rossiter against Prince Rupert and Prince Maurice, neer Belvoyr Castle in Leicestershire : also another letter concerning the taking of two hundred horse ... Cromwell, Oliver, 1599-1658. Lenthall, William, 1591-1662. 7 p. Printed for Edward Husband, London : 1645. Reproduction of original in the Union Theological Seminary Library, New York. eng Great Britain -- History -- Civil War, 1642-1649 -- Sources. A35095 R24797 (Wing C7109). civilwar no Lieut: Generall Cromwells letter to the Honorable William Lenthall Esq; Speaker of the House of Commons, of the surrender of Langford-House Cromwell, Oliver 1645 1114 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2004-01 TCP Assigned for keying and markup 2004-01 Aptara Keyed and coded from ProQuest page images 2004-02 Mona Logarbo Sampled and proofread 2004-02 Mona Logarbo Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion Lieut : Generall Cromwells LETTER TO The Honorable William Lenthall Esq Speaker of the House of Commons , OF The Surrender of Langford-House neer Salisbury : VVith the Articles of Agreement concerning the same : Together with a Letter concerning a great Victory obtained by Col : Rossiter , against Prince RUPERT and Prince MAURICE , neer Belvoyr-Castle in Leicestershire . Also , another Letter concerning the taking of Two hundred Horse , and Sixty Foot , by the Forces of Abingdon and Gaunt-House . ORdered by the Commons assembled in Parliament , That these Letters be forthwith printed and published : H : Elsynge , Cler. Parl. D. Com. London , Printed for Edward Husband , Printer to the Honorable House of Commons , Octob. 20. 1645. To the Honourable William Lenthall Esq Speaker to the Honourable House of Commons . SIR , I Gave you an Accompt the last night of my marching to Langford House , whether I came this day , and immediatly sent them in a Summons ; the Governour desired I should send two Officers to Treat with him , and I accordingly appointed Lieutenant Colonell Hewson , and Major Kelsey therunto . The Treaty produced the agreement , which I have here enclosed to you . The Generall I hear is advanced as far West as Columpton , and hath sent some Horse and Foot to Teverton : It is earnestly desired , that those Foot might march up to him , it being convenient that we stay a day for our Foot that are behinde and coming up ; I wait your answer to my Letter last night from Wallop ; I shall desire that your pleasure may be speeded to me , and rest , Sir Your humble Servant Oliver Cromwell . Salisbury Octob. 17. at 12. at night . October the 17. 1645. Articles of agreement made between Sir Bartholomew Pell Knight , and Major Edmond Vvedale , Commanders in chiefe of Langford Garrison ; And Lieu. Col. Hewson , and Major Thomas Kelsey , on the behalfe of Oliver Cromwell , Lieu. Gen. to Sir Tho. Fairfax Army . FIrst , That the said Commanders in chief of the said Garrison , shall surrender the said House and Garrison to the said Lieut. Generall Cromwell , to morrow by twelve of the clock , being the eighteenth of October instant . 2. That all Arms and Ammunition in the said Garrison , be then delivered to the use of the Parliament , without any imbezeling of them . 3. That the said Commanders in chief with fifteen Gentlemen of the said Garrison , shall march away with horse and arms ; And the private Souldiers without arms to Oxford within ten dayes , And to have a Troop of horse for their guard the first day , and a trumpeter with a passe the rest of the way . 4. That the rest of the Gentlemen not exceeding fourteen more , shall march with their Swords , and Pistols , and horses , if they can lawfully procure them . 5. That the said Commanders in chief , shall have a Cart or waggon allowed them to carry their goods to Oxford . 6. That if any Gentlemen of the said Garrison have a desire to go to any other Garrison or Army of the Kings , They shall have passes to that purpose . 7. That the goods remaining in the said Garrison , shal be delivered to the severall owners thereof , upon demand within two dayes next following the date hereof . 8. That Lieutenant Colonel Bowles , and Major Fry be left Hostages untill these Articles be performed . Iohn Hewson . Thomas Kelsey . Bartho. Pell . Edm. Vvedale . The Substance of a Letter sent to the Honourable William Lentball Esq Speaker to the Honourable House of Commons . ON Tuesday night last , the forces of Abingdon and Gaunt House , went to Farringdon , and tooke two hundred horse , and sixty foot , and were like to take the Garrison . A Letter concerning a great Victory obtained by Colonell Rossiter , against Prince Rupert and Prince Maurice , neer Belvoyr Castle in Leicestershire . SIR , I Shall give you an account of what intelligence these parts afford . On Tuesday morning we received intelligence that Prince Rupert & P. Maurice were at Banbury upon their march towards Newark , some reported them to be twelve hundred , others six hundred ; Vpon which Intelligence all the horse belonging to this Garrison , being three hundred , and four hundred more which lay at Stamford , were drawn to Melton by Colonell Rossiter , to interpose betwixt the King and the Princes , or to joyn with the Horse and Dragoons under Colonell Manwaring then at Leicester , and since gone to Derby to joyn with Colonell Generall Points . Yesterday morning upon intelligence from Burleigh , that the report of Prince Ruperts comming was false , and the King being returned backe to Newarke , our Horse were ordered to march back to Grantham , no sooner were we marching , but from Leicester we recevied Intelligence that the Princes were upon their march towards Belvoir , we pursued them with all speed , they faced us twice as though they would have charged , but upon our advance to them they run for Belvoir , we pursued them close to the castle walls , took a Major , three Captains , sixty Prisoners , Prince Maurice's Trumpeter , Trumpet and Banner , and about one hundred and forty Horses , we wounded and killed divers , some of quality , the two Princes hardly escaping with about one hundred more . Some of the Officers we have taken , told us that the Princes sent the Lord of Northamptons Regiment back to Banbury , and marched with this small party onely to speake with the King , and take their leaves of him . The King is now in Newark , his Horse quartered betwixt Newark and Welbeck , part of them : and as we hear , Sir Marmaduke Langdale with the rest marched Northward , it is likely to releeve Skipton Castle , Colonell Generall Points is come to Derby , and Colonell Manwaring is gone to him , which I hope will give us a further occasion of sending to to you , Sir , Your Servant . Grantham October 16. 1645. FINIS . 
A38164	----	Two speeches made by the speakers of both Houses of Parliament to His Excellency Sir Tho. Fairfax Generall after the Army had guarded the members to sit in safety on Friday the 6 day of August 1647 : and, an ordinance of both Houses of Parliament making His Excellency constable in the Tower of London and giving him power to make a lieutenant ... : also, an order of both Houses appointing a committee to examine the mutiny on Munday seven night ... : and a thanksgiving appointed to be kept on Thursday August 12, 1647. England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A38164 of text R27368 in the English Short Title Catalog (Wing E2430). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 7 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A38164 Wing E2430 ESTC R27368 09822288 ocm 09822288 44190 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A38164) Transcribed from: (Early English Books Online ; image set 44190) Images scanned from microfilm: (Early English books, 1641-1700 ; 1356:10) Two speeches made by the speakers of both Houses of Parliament to His Excellency Sir Tho. Fairfax Generall after the Army had guarded the members to sit in safety on Friday the 6 day of August 1647 : and, an ordinance of both Houses of Parliament making His Excellency constable in the Tower of London and giving him power to make a lieutenant ... : also, an order of both Houses appointing a committee to examine the mutiny on Munday seven night ... : and a thanksgiving appointed to be kept on Thursday August 12, 1647. England and Wales. Parliament. Lenthall, William, 1591-1662. Manchester, Edward Montagu, Earl of, 1602-1671. 6 p. Printed by Robert Ibbitson, London : 1647. Only a brief summary of the "Two speeches made by the speakers of both Houses" is present. Reproduction of original in the Huntington Library. eng Fairfax, Thomas Fairfax, -- Baron, 1612-1671. Great Britain -- History -- Civil War, 1642-1649. A38164 R27368 (Wing E2430). civilwar no Tvvo speeches made by the speakers of both Houses of Parliament to his Excellency Sir Tho. Fairfax Generall: after the Army had guarded the England and Wales. Parliament 1647 1080 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2004-01 TCP Assigned for keying and markup 2004-01 Aptara Keyed and coded from ProQuest page images 2004-02 Mona Logarbo Sampled and proofread 2004-02 Mona Logarbo Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion TVVO SPEECHES MADE By the Speakers of both Houses of Parliament to his Excellency Sir Tho. Fairfax Generall : After the Army had guarded the Members to sit in safety , on Friday the 6. day of August . 1647. AND An ORDINANCE of both Houses of Parliament making his Excellency Constable of the Tower of LONDON , and giving him power to make a Lieutenant . A Moneths pay given to the Souldiers and under Officers of the ARMY , for a gratuity : And the VOTES concerning the Guards . With severall Orders concerning the ARMY . ALSO An Order of both Houses appointing a Committee to examine the Mutiny on Munday seven night , whereby the Speakers and Members were driven from the Parliament . And a Thanksgiving appointed to be kept on Thursday August 12. 1647. Printed at London by Robert Ibbitson . 1647. TWO SPEECHES Made by the Speakers of both Houses of Parliament , to his Excellency Sr. THOMAS FAIRFAX Generall AFTER The Army had guarded the Members to sit in safety , on Friday , Aug. 6. 16 47. Die Veneris , August 6. 1647. HIS Excellency Sir Thomas Fairfax having guarded the Lords and Commons , ( with the Speakers ) of both Houses , to Westminster , and the Houses being sate , They Ordered , the Right Honourable the Earle of Manchester , Speaker of the House of Peers , pro tempore , and William Lenthall Esq Speaker of the House of Commons , to acquaint His Excellency with Votes which were then made . THE Earl of MANCHESTER ( Speaker of the House of Peeres ) his Speech to His Excellency Sir THOMAS FAIRFAX . A Chaire being set ( in the House of Peeres ) by the Lords seats , for Sir Thomas Fairfax , in which the Generall sate , and his Officers in the House without the Barre , the Earle of Manchester declared to his Excellency : That hee was commanded by the Lord , to acquaint his Excellency how sensible their Lordships are of the many good services which his excellency hath done for the Kingdome ; and that they had taken the reasons expressed in the Declaration of his comming to London into consideration , and doe approve thereof ; and that they had commanded him to give his Excellency thanks for the constant care which he hath alwayes had of the peace and safety of the Kingdom , desiring him to goe on in taking care for the security thereof for the future , desiring that his Excellency will appoint such a guard for the Parliament as may be a sufficient security to the Members to sit ( in the house ) in safety . William Lenthall Esq Speaker of the House of Commons , made the like speech to the General in that House , his Excellency sitting in a Chaire , nere the Speaker . Die Veneris Aug. 6. 1647. Resolved upon the question by the Lord and Commons in Parliament . That Thursday the 12 of this instant August , be set apart for a day of thanksgiving , to be kept by both Houses of Parliament , at the Abby at Westminster And that Mr. Martial and Mr. Nye bee desired to preach before the Houses on that day . Die Veneris 6. Aug. 1647. It is Ordered , and Ordained , by the Lords , and Commons in Parliament assembled , hat his Excellency Sir Thomas Fairfax Knight , Commander in Chiefe of all the Garrisons and Forces in the kingdome of England and Dominion of Wales , under pay ) be appointed and constituted Constable of the Tower of London , for the space of one whole yeare , except both houses of Parliament shall otherwise determine , And it is also Ordered , and Ordained , that his said Excellency shall nominate and appoint a Lieutenant of the Tower under him . Die Veneris ; August 6. 16 47. Resolved upon the question , by the Lords and Commons in Parliament assembled , I. That they doe approve of his Excellencies comming to guard the City and Parliament . II. That thanks be given to his Excellency for his care of the safety of the City and Parliament . III. That it be left to the Generall , to appoint what Guard his Excellency shall think fit , for the security of the City and Parliament . IV. That in consideration of the many good services of the Army , The summe of one Moneths pay be given as a gratuity to all the Souldiers and under Officers of Horse , Foot , and Dragoones that are under Commission Officers , as a gratuity from the Kingdome . V That a Committee of ten Lords and twenty of the house of Commons be appointed to sit in the Painted Chamber , to morrrow in the afternoon , an so de die in diem , to examine the businesse of the mutinying , and the forcing of the Members on Munday was seven-night at the Parliament doores , and to finde out the Authors , and fomenters thereof , and all such as did prosecute the same , as also the Contrivers , and promoters of the Petition declared against . Die Veneris Aug. 6. 1647. 1 Resolved upon the question , by the Lords in Parliament assembled , That a Committee be appointed to draw up a Declaration from the Houses , to the Army to be read in the head of every Regiament . 2 Resolved upon the question by the Lords in Parliament assembled . That it is the opinion of this House , that all things done by the Members ; since the Speakers and other Members were driven away from the Parliament , be adnulled , and of none effect , this to be communicated to the House of Commons . Die Veneris Aug. 6. 1647. Resolved upon the question , by the Commons in Parliament assembled , 1 That they will send Answer to the Lords Message , concerning the adnulling of what hath been done during the absence of the Speakers , by messengers of their owne . 2 That it be taken into consideration on Munday next . FINIS . 
A40266	----	Sir Thomas Fairfax's letter to the Honorable William Lenthall Esq; Speaker of the House of Commons; of all the particulars concerning the taking of Bridgewater. Together with a list of the persons of quality, and prisoners taken in the fight and town. Ordered by the Commons in Parliament, that this letter be forthwith printed and published: H: Elsynge, Cler. Parl. D. Com. Fairfax, Thomas Fairfax, Baron, 1612-1671. This text is an enriched version of the TCP digital transcription A40266 of text R200179 in the English Short Title Catalog (Wing F192). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 10 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A40266 Wing F192 ESTC R200179 99860984 99860984 113111 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A40266) Transcribed from: (Early English Books Online ; image set 113111) Images scanned from microfilm: (Thomason Tracts ; 48:E294[6]) Sir Thomas Fairfax's letter to the Honorable William Lenthall Esq; Speaker of the House of Commons; of all the particulars concerning the taking of Bridgewater. Together with a list of the persons of quality, and prisoners taken in the fight and town. Ordered by the Commons in Parliament, that this letter be forthwith printed and published: H: Elsynge, Cler. Parl. D. Com. Fairfax, Thomas Fairfax, Baron, 1612-1671. Lenthall, William, 1591-1662. England and Wales. Parliament. House of Commons. 7, [1] p. Printed for Edw. Husband, printer to the Honorable House of Commons, London, : Iuly 28. 1645. Reproduction of the original in the British Library. eng Bridgwater (England) -- History -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Prisoners and prisons -- Early works to 1800. A40266 R200179 (Wing F192). civilwar no Sir Thomas Fairfax's letter to the Honorable William Lenthall Esq; Speaker of the House of Commons; of all the particulars concerning the ta Fairfax, Thomas Fairfax, Baron 1645 1210 3 0 0 0 0 0 25 C The rate of 25 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2000-00 TCP Assigned for keying and markup 2001-07 Aptara Keyed and coded from ProQuest page images 2001-08 TCP Staff (Michigan) Sampled and proofread 2001-08 TCP Staff (Michigan) Text and markup reviewed and edited 2001-11 pfs Batch review (QC) and XML conversion Sir Thomas Fairfax's LETTER To the Honorable , William Lenthall Esq Speaker of the House of COMMONS ; OF All the Particulars concerning the taking of BRIDGEWATER . Together with A List of the Persons of quality , and Prisoners taken in the Fight and Town . ORdered by the Commons in Parliament , That this Letter be forthwith printed and published : H : Elsynge , Cler. Parl. D. Com. London , Printed for Edw. Husband , Printer to the Honorable House of Commons , Iuly 28. 1645. To the Honourable VVilliam Lenthall Esquire , Speaker of the House of Commons . Mr. Speaker , I Dipatched hence Letters yesterday to the Committee of both Kingdoms , which gave some accompt of Gods Blessing upon our endeavours , in the Storm of Bridgewater : On Monday morning last , we gained that part of the Town which lyes on this side the River , and therein above 600. prisoners , divers Officers of quality , and two peece of Ordinance : The Enemy fired that part of the Town , wherein we were immediatly after our entrance , which continuing all that day , and the next night , burned down all the houses , except two or three ; Yesterday , perceiving an obstinate resolution in the Enemy not to yield the Town , I was forced to use those extreamities for the Reducing of it , which brought them immediatly to a Parley , and in short to yield the Town , upon no other terms then bare Quarter : We entred the Town this day , finding great store of Armes and Ammunition , thirty eight peece of Ordnance , above one thousand Prisoners , and amongst them , divers persons of great quality , as you will perceive by the List inclosed . I have not much time to spend here , and therefore did immediatly dispose the Command of it for the present , to Col : Birche , as Governour , wherein I doubt not of your Approbation : And I believe the Commissioners of the Army will offer something further concerning him , for the future settlement of the place : He is a Gentleman of known worth and integrity , and his Regiment at present with Major Generall Massey , and I believe , will with Gods blessing , give you a good account of it : There was found in the Town , a Commission from Prince Charles , to one Philips a Gentleman of this County , to raise a Regiment of Club-men ( which I have sent by Mr. Peters . ) I am very desirous to give some encouragement to the Army for their many services , and especially for their honest and sober demeanour this day towards the Prisoners and Town , in refraining that violence and injury , which hath oftentimes brought dishonour upon most of the Armies in this Kingdom , which may be an encouragement to them in the like for the future : I make no doubt but you will be well satisfied in what I shall do , and I assure you , it shall be with as little burthen to the State as may be : I beseech you , Sir , take into your consideration the necessities of the Army for a speedy supply of money , cloathes , and other Provisions , wherewith this Bearer Master Peters will more particular●y acquaint you : who can likewise informe you more largly in all particulars of this late Action , then I can now write , I remain Iuly 23. 1645. eight at night . Your most Humble Servant THO: FAIRFAX . A List of the Prisoners and Persons taken at the Storming of Bridgewater by Sir Tho : Fairfax . Hostages for the delivering up the Town , Sir Iohn Heal , Sir Hugh Windham , Master Waldron , Master War , Master Speake , Major Sydenham . Tho : Elliot , Agent . AND Coll. Winham , Governor . Coll. Robert Phillips . Colonell Dyer , of Horse . Col. Chester . Lieut. Colonell Cooper . Lieut. Colonell Overton . Lieut. Col. Pitman Lieut. Col. Miller . Lieut. Col. Moon . Major Sydenham . Major Buskin . Captains , Capt. Atkin . Winter . Foulks . Tilsdey . Boyse . Vine . Clapton . Harvey . Read . Bessey . Culam . Clarke . Nash . Richard Brag. Iohn Brag. For Horse . Rawley . Wyat. Littleton . Roberts . Hilliard . Bryan . Iervoys . Fry . Pyam. Philips . Consull . Pitman . Dyamond . Lieutenants , Stoughton . Bond . Hamond . Caymond . Nowell . Martyn . Iohnson . Greenwood . Kelsey . Cowley . Barkin . Barnet . Lane . Powell , Iohnson . Hauham . Cornets , White . Clarke . Pet. Haynes . Read . Chalk . Ensignes . Bissey . Allen . Morgan . Wake . Parfit . Tuenie . Fouke . Sheare . Sheapard . Leyton . Bincham . Griffin . Stamp . Ioanes . Bettison . Edwards . Huggen . Belchar . N●●len . Willis . Highgate . Quarter-masters , Yokney . Bell. Marlow . Fellow . Colling-bridge . Esmond . Ga●se . Commissaries , Holman . Muston , Senior . Muston , Junior . Calmer . Warman . Mordant Spring , Engineer and his man . Physitians , Doctor Web . Apothecary , Tho : Clergy . Chirurgions , Henry Dyer . Dodsworth . Gerrard , Chirurgion to Prince Rupert , and his Mate . Lashoosey , a Frenchman . Priests , Doctor Rawley Dean of Wells . Lacy Priest to Prince Rupert . Greenfield . Capt. Duton , a Dean . Brag. Fane . Stockman . Butler . Glover . Sydenham . Holmes . Powell , and others . Gentlemen , Sir Ed w. Savage . Master Mallet . Master Walrond . Coningsby . Sydenham . Phil : Sydenham . Wil : Sydenham . Geo : Rawleigh . Hen : Rawleigh . Clergy . Ketney . Read . Tho : Hopkins . Brinsby , Greenwood . Web . Sterney . Steyman . Smith . Andrews . Knight . Nich. Hollis . Hall . Prat. Collier . Edwards . Boniface a frenchman . Seaman . Sandford . Rayman . Bruinsweed . Dower . Marston . Hopkins . Foster . Francis . Other Officers too many to name , and there were about 1500. souldiers , besides 700. this day taken . Sir John Digby died in the Town two dayes before the storme ; Sir William Courtney shot in both thighs , and conveyed out ; women and children went forth the Town : Sir Arthur Ashton taken at Sea , the Colours are gathering up , though most burnt . Ammunition , forty two pieces of Ordnance , thirty Barrels of Powder , great store of Musquets , &c. Iulii 26. 1645. ORdered by the Commons Assembled in Parliament , That this Letter concerning the taking of Bridgewater be forthwith Printed and Published . H : Elsynge , Cler. Parl. D. Com. 
A40277	----	Sir Thomas Fairfax's letter to the Honorable William Lenthall Esq. speaker of the House of Commons of all the particulars concerning the taking of Bridgewater : together with a list of the persons of quality and prisoners taken in the fight and town. Fairfax, Thomas Fairfax, Baron, 1612-1671. This text is an enriched version of the TCP digital transcription A40277 of text R25080 in the English Short Title Catalog (Wing F193). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 10 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A40277 Wing F193 ESTC R25080 08744144 ocm 08744144 41724 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A40277) Transcribed from: (Early English Books Online ; image set 41724) Images scanned from microfilm: (Early English books, 1641-1700 ; 1259:31) Sir Thomas Fairfax's letter to the Honorable William Lenthall Esq. speaker of the House of Commons of all the particulars concerning the taking of Bridgewater : together with a list of the persons of quality and prisoners taken in the fight and town. Fairfax, Thomas Fairfax, Baron, 1612-1671. Lenthall, William, 1591-1662. 7 p. Printed for Edw. Husband, London : Iuly 28, 1645. "Ordered by the Commons in Parliament that this letter be forthwith printed and published. H. Elsynge, Cler. Parl. D. Com." Caption title: To the Honourable VVilliam Lenthall, Esquire, speaker of the House of Commons. Reproduction of original in the British Library. eng Great Britain -- History -- Civil War, 1642-1649. Great Britain -- History, Military -- 1603-1714. A40277 R25080 (Wing F193). civilwar no Sir Thomas Fairfax's letter to the Honorable William Lenthall Esq; speaker of the House of Commons; of all the particulars concerning the ta Fairfax, Thomas Fairfax, Baron 1645 1212 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2000-00 TCP Assigned for keying and markup 2001-12 Aptara Keyed and coded from ProQuest page images 2002-01 TCP Staff (Michigan) Sampled and proofread 2002-01 TCP Staff (Michigan) Text and markup reviewed and edited 2002-02 pfs Batch review (QC) and XML conversion Sir Thomas Fairfax's LETTER To the Honorable , William Lenthall Esq Speaker of the House of COMMONS ; OF All the Particulars concerning the taking of BRIDGEWATER . Together with A List of the Persons of quality , and Prisoners taken in the Fight and Town . ORdered by the Commons in Parliament , That this Letter be forthwith printed and published : H : Elsynge , Cler. Parl. D. Com. London , Printed for Edw. Husband , Printer to the Honorable House of Commons , Iuly 28. 1645. To the Honourable VVilliam Lenthall Esquire , Speaker of the House of Commons . Mr. Speaker , I Dipatched hence Letters yesterday to the Committee of both Kingdoms , which gave some accompt of Gods Blessing upon our endeavours , in the Storm of Bridgewater : On Monday morning last , we gained that part of the Town which lyes on this side the River , and therein above 600. prisoners , divers Officers of quality , and two peece of Ordinance : The Enemy fired that part of the Town , wherein we were immediatly , after our entrance , which continuing all that day , and the next night , burned down all the houses , except two or three ; Yesterday , perceiving an obstinate resolution in the Enemy not to yield the Town , I was forced to use those extreamities for the Reducing of it , which brought them immediatly to a Parley , and in short to yield the Town , upon no other terms then bare Quarter : We entred the Town this day , finding great store of Armes and Ammunition , thirty eight peece of Ordnance , above one thousand Prisoners , and amongst them , divers persons of great quality , as you will perceive by the List inclosed . I have not much time to spend here , and therefore did immediatly dispose the Command of it for the present , to Col : Birche , as Governour , wherein I doubt not of your Approbation : And I believe the Commissioners of the Army will offer something further concerning him , for the future settlement of the place : He is a Gentleman of known worth and integrity , and his Regiment at present with Major Generall Massey , and I believe , will with Gods blessing , give you a good account of it : There was found in the Town , a Commission from Prince Charles , to one Philips a Gentleman of this County , to raise a Regiment of Club-men ( which I have sent by Mr. Peters . ) I am very desirous to give some encouragement to the Army for their many services , and especially for their honest and sober demeanour this day towards the Prisoners and Town , in refraining that violence and injury , which hath oftentimes brought dishonour upon most of the Armies in this Kingdom , which may be an encouragement to them in the like for the future : I make no doubt but you will be well satisfied in what I shall do , and I assure you , it shall be with as little burthen to the State as may be : I beseech you , Sir , take into your consideration the necessities of the Army for a speedy supply of money , cloathes , and other Provisions , wherewith this Bearer Master Peters will more particularly acquaint you ; who can likewise informe you more largly in all particulars of this late Action , then I can now write , I remain Your most Humble Servant THO: FAIRFAX . Iuly 23. 1645. eight at night . A List of the Prisoners and Persons taken at the Storming of Bridgewater by Sir Tho : Fairfax . Hostages for the delivering up the Town , Sir Iohn Heal , Sir Hugh Windham , Master Waldron , Master War , Master Speake , Major Sydenham . Tho : Elliot , Agent . AND Coll. Winham , Governor . Coll. Robert Phillips . Colonell Dyer , of Horse . Col. Chester . Lieut. Colonell Cooper . Lieut. Colonell Overton . Lieut. Col. Pitman Lieut. Col. Miller . Lieut. Col. Moon . Major Sydenham . Major Buskin . Captains , Capt. Atkin . Winter . Foulks . Tilsdey . Boyse . Vine . Clapton . Harvey . Read . Bessey . Culam . Clarke . Nash . Richard Brag. Iohn Brag. For Horse . Rawley . Wyat. Littleton . Roberts . Hilliard . Bryan . Iervoys . Fry . Pyam. Philips . Consull . Pitman . Dyamond . Lieutenants , Stoughton . Bond . Hamond . Caymond . Nowell . Martyn . Iohnson . Greenwood . Kelsey . Cowley . Barkin . Barnet . Lane . Powell , Iohnson . Hauham . Cornets , White . Clarke . Pet. Haynes . Read . Chalk . Ensignes . Bissey . Allen . Morgan . Wake . Parfit . Tuenie . Fouke . Sheare . Sheapard . Leyton . Bincham . Griffin . Stamp . Ioanes . Bettison . Edwards . Huggen . Belchar . Nutlen . Willis . Highgate . Quarter-masters , Yokney . Bell. Marlow . Fellow . Colling-bridge . Esmond . Gasse . Commissaries , Holman . Muston , Senior . Muston , Iunior . Calmer . Warman . Mordant Spring , Engineer and his man . Physitians , Doctor Web . Apothecary , Tho : Clergy . Chirurgions , Henry Dyer . Dodsworth . Gerrard , Chirurgion to Prince Rupert , and his Mate . Lashoosey , a Frenchman . Priests , Doctor Rawley Dean of Wells . Lacy Priest to Prince Rupert . Greenfield . Capt. Duton , a Dean . Brag. Fane . Stockman . Butler . Glover . Sydenham . Holmes . Powell , and others . Gentlemen , Sir Edw. Savage . Master Mallet . Master Walrond . Coningsby . Sydenham . Phil : Sydenham . Wil : Sydenham . Geo : Rawleigh . Hen : Rawleigh . Clergy . Ketney . Read . Tho : Hopkins . Brinsby , Greenwood . Web . Sterney . Steyman . Smith . Andrews . Knight . Nich. Hollis . Hall . Prat. Collier . Edwards . Boniface a french man . Seaman . Sandford . Rayman . Bruinsweed . Dower . Marston . Hopkins . Foster . Francis . Other Officers too many to name , and there were about 1500. souldiers , besides 700. this day taken . Sir Iohn Digby died in the Town two dayes before the storme ; Sir William Courtney shot in both thighs , and conveyed out ; women and children went forth the Town : Sir Arthur Ashton taken at Sea , the Colours are gathering up , though most burnt . Ammunition , forty two pieces of Ordnance , thirty Barrels of Powder , great store of Musquets , &c. Iulii 26. 1645. ORdered by the Commons Assembled in Parliament , That this Letter concerning the taking of Bridgewater be forthwith Printed and Published . H : Elsynge , Cler. Parl. D. Com. 
A40285	----	Sir Thomas Fairfax's letter to the Honorable William Lenthall Esq: Speaker of the House of Commons; concerning the taking of Sherborn Castle, with 16. pieces of ordnance, one morter piece, and 344. common souldiers. With another letter to the said Mr. Speaker, of the particulars of all the proceedings against the enemy at Sherborn Castle Together with a list of the prisoners of war, taken at Sherborn Castle, Aug. 15. 1645. Also, the oath taken by the inhabitants of Exeter. Ordered by the Commons in Parliament, that these letters with the list, be forthwith printed and published. H: Elsynge, Cler. Parl. D. Com. Fairfax, Thomas Fairfax, Baron, 1612-1671. This text is an enriched version of the TCP digital transcription A40285 of text R200219 in the English Short Title Catalog (Wing F194). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 12 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A40285 Wing F194 ESTC R200219 99861024 99861024 113151 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A40285) Transcribed from: (Early English Books Online ; image set 113151) Images scanned from microfilm: (Thomason Tracts ; 49:E297[3]) Sir Thomas Fairfax's letter to the Honorable William Lenthall Esq: Speaker of the House of Commons; concerning the taking of Sherborn Castle, with 16. pieces of ordnance, one morter piece, and 344. common souldiers. With another letter to the said Mr. Speaker, of the particulars of all the proceedings against the enemy at Sherborn Castle Together with a list of the prisoners of war, taken at Sherborn Castle, Aug. 15. 1645. Also, the oath taken by the inhabitants of Exeter. Ordered by the Commons in Parliament, that these letters with the list, be forthwith printed and published. H: Elsynge, Cler. Parl. D. Com. Fairfax, Thomas Fairfax, Baron, 1612-1671. Lenthall, William, 1591-1662. England and Wales. Parliament. House of Commons. 8 p. Printed for Edward Husband, printer to the Honorable House of Commons, London : Aug. 19. 1645. Reproduction of the original in the British Library. eng Sherborne (Dorset, England) -- History -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Campaigns -- Early works to 1800. A40285 R200219 (Wing F194). civilwar no Sir Thomas Fairfax's letter to the Honorable William Lenthall Esq: Speaker of the House of Commons; concerning the taking of Sherborn Castle Fairfax, Thomas Fairfax, Baron 1645 1986 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2000-00 TCP Assigned for keying and markup 2001-08 Apex CoVantage Keyed and coded from ProQuest page images 2001-09 TCP Staff (Michigan) Sampled and proofread 2001-09 TCP Staff (Michigan) Text and markup reviewed and edited 2001-11 pfs Batch review (QC) and XML conversion Sir Thomas Fairfax's LETTER To the Honorable , William Lenthall Esq Speaker of the House of Commons ; Concerning the taking of Sherborn Castle , with 16. Pieces of Ordnance , one Morter piece , and 344. Common Souldiers . With another LETTER to the said Mr. Speaker , Of the Particulars of all the proceedings against the Enemy at Sherborn Castle Together with a List of the Prisoners of War , taken at Sherborn Castle , Aug. 15. 1645. Also , the Oath taken by the Inhabitants of Exeter . ORdered by the Commons in Parliament , That these Letters with the List , be forthwith Printed and Published . H : Elsynge , Cler. Parl. D. Com. London , Printed for Edward Husband , Printer to the Honorable House of Commons . Aug. 19. 1645. To the Honourable William Lenthall , Esquire , Speaker of the Honourable House of Commons . SIR , IT hath pleased God still to manifest his goodnesse to us , by delivering Sherborn Castle into our hands ; wherein we found sixteen pieces of Ordinance , and one Morter piece : Yesterday , after a breach was made in the wall , wherein ten or twelve a breast might enter , I sent a second Summons to the Governour , to Surrender the Castle , which being refused by him , we possessed our selves of the breach , and beat the enemy from their works within , where they had planted 2. pieces of Ordnance , to oppose our entrance : And some of the Souldiers got into two of their Towers , and beat them from all other places of advantage within , which enforced the Governour this day about two in the morning to send a Drum for a Parley , to whom Answer was returned , he must expect no other condition but Quarter for his life , which ( upon those termes ) he being unwilling to Surrender , I gave order that all things be made sit for a Storme : ( The Myoners having fully wrought the Mine through the Castle wall , and foundation of the Tower : ) The Enemy presently began to apprehend the danger , and sent a Drum to crave Quarter ; but before he could get out to deliver his Message , the Souldiers were got into the Castle and works , and had the Plunder of the Castle , which by reason of their so timely entrance , could not be prevented : We took prisoners in the Castle , Sir Lewis Dives the Governour , Colonell Giles Strangewayes , formerly a Member of the house , Sir John Walcoate , Coll. Thornhill , and others of quality , and about four hundred Common Souldiers . The reducing of this place , is of the greater concernment , in regard of the influence it had upon the dis-affected Clubmen in these parts , who ( having the countenance of this Garrison ) were made so bold in their attempts and meetings : I shall stay here not past a day , to settle this place , and then , after we have met and consulted , what is next fittest to be done for the publique service , shall move hence with the Army accordingly . I remaine , Sir , Your assured friend to serve you , Sherborn Aug. 15. 1645. Tho : Fairfax . To the Honorable William Lenthall Esqulre , Speaker of the Honorable House of Commons . SIR , MY lines commonly are the Messengers of good News ; if I might be spared hence , none should have been more willing to have brought the News then my self : This day I sent you a Copy of Sir Levvis Dives Message to have Honorable Conditions ; The answer the Generall returned , was in these words : SIR , I Should have been as willing to gratifie you with Honorable Conditions , as any man , having expressed so much Gallantry in the defending of your self ; But the advantage I now have by being possessed of the Breach , and some of the Towers , as it may with reaon induce you to Surrender the place ; so it Obligeth me in Honour to agree to no other Conditions ; then Quarter for your lives , which I should be glad you would accept of , that so the Effusion of that blood , which will inevitably follow upon a Refusall , might be prevented . Sir , It is against my nature to threaten or insult over your Condition ; but I must tell you , ( and I wish you have a heart to believe it ) That if you refuse this my offer , you and those with you must know , I will hear of no Termes for the future . This answer being returned , the Governour could not brook it : Great and small shot plaid , our Souldiers rejoyced at the refusall : The Generall instantly gave Order to fit all things for a Storm , the Mines being finished : But without any Order to fall on , our Souldiers were in an instant both over the Castle walls and works ; they within took down their bloody Colours , cryed for Quarter , and sent a Drum out , and an endeavour was used , they had Quarter ; but it was happy for them ; There was such plenty of Riches and Plunder within , which took up and busied the Souldier : Otherwise , it would have been difficult to have got them Quarter . At our first entrance , some of them were slain , but none afterwards ; though it were to be wished , the Souldier had that in Money , which they took in Plunder ; yet five shillings gotten in way of Spoil from an Enemy , gives them more content , then twenty shillings in a way of reward in an orderly manner ; besides , being not rewarded ( ten shillings a man ) according to promise , when Bridgewater was stormed , made them now more zealous to be their own Carvers . There was not a man but got Plunder , some two and three times over , as soon as they had been at home , came back again , and returned loaded with booty in my presence . My greatest care was to preserve Writings , but was glad to take the Souldiers leavings , and missed things there present , of great concernment ; yet some was got , of the proceedings in Spain , when the Earl of Bristoll was there with the Prince : The Generall intends to stay here but one day to settle their Peace , & then to move with the Army , as it may be in his Iudgement and the opinion of the Councell of War most for the Publique Service : I believe we shall go where we are not expected : The Army is Mustered , and most of it paid , and I hope will give a good Accompt of what ever Service they undertake : This businesse of Sherborn having tryed the skill and Resolution of the Souldier , more then in any things hath yet fallen out ; and indeed , the Comptroller of the Ordnance , hath been a diligent and active man in managing the approaches , Bridges , Mines and Galleries . Once again , let me desire you to expidite all things fitting for Sieges , with all the speed that may be ; a day lost in it , is of infinite dis-Service ; above all , send Morter-peeces and Granado shels fit for them : They are at Warwick , but sent for . This being all time will give me leave to write , I rest , Sir , Your most faithfull and humble Servant . Shorborn , 15. Aug. 12. at night . I send you inclosed the Exeter Oath . I have sent you a List of the Persons of Note taken in Sherborn . I A. B. Do freely and from my heart Swear , Vow , and Protest in the presence of Almighty God , That I will use my best endeavour to Maintain and Defend this City of Exeter , against all Forces raised or to be raised without his Majesties consent upon any pretence whatsoever , and particularly against the Forces now under the command of Sir Tho : Fairfax or any other that shall command them , or any other Forces against this City , and all forces which do or shall adhere to them or their party , & I will neither directly nor indirectly give ( or so far as in me lieth ) suffer to be given any intelligence , advice or information to the Army , or any of those forces now under the command of Sir Tho : Fairfax , nor to any other forces ( not raised by the Kings consent ) which shal now , or at any time hereafter come against , lie before , or attempt the taking , besieging , or blocking up of this City of Exeter : But will from time to time discover to the Governor or Lieut. Governor of this City , any one , and all such , as I shal know or probably suspect to give any such intelligence or information . As likewise that I will discover to the Governour or his Lieutenant Governour , all treacheries , plots , designes , conspiracies , and attempts , which I shall know , hear of , or probably suspect to be intended or plotted against His Majesties Person , or the said City , or any of His Majesties Armies , Towns , or Forces . Neither will I , or shall any other by my procurement , directly or indirectly , by words or otherwise disswade , or discourage any of the Souldiers or Inhabitants of this City , from ingaging themselves , or persisting in his Majesties Service , or the defence of this City against the Forces aforesaid . And this I Vow and Protest according to the usuall sense and meaning of the words hereof , without any equivocation or mentall reservation whatsoever ; And shall to the utmost of my power observe and performe the same ; So helpe me God , And by the contents of this Booke . A List of the Prisoners of War taken at Sherborn Castle the 15 , of August 1645. Sir Lewis Dives . Sir Iohn Walcooth . Col. Strangwayes of Horse . Col. Thornhill . Lieut. Col. Strangwayes of Horse . Major Balston . Capt. Hamon . Capt. Bright . Capt. Chancee . Capt. Mullins . Capt. Creswell . Capt. Lieut. Norris . Capt. Hoddinot . Capt. Speed . Capt. Srangwayes of Horse . Capt. Bond . Capt. Hoddar . Capt. Brisco . Lieut. Ienings . Lieut. Tayler . Lieut. Mallet . Lieut. Rogers . Lieut. Townsend . Lieut. Joliffe of Horse . Coronet Devonet Reformado . Ensigne Gale . Ensigne Hoyes . Ensigne Harris . Engsine Toole . Ensigne Collins townsman . Ensigne Mullins . Ensigne Tod . George Waller Provost Maarshall . Chirurgions . Mr. Stuckey . Mr. Paylee . Mr. Robinson . Ministers . Doctor Coockson . Mr. Wild . Mr. Wake . Mr. Townsend . Mr. Ford . Gentlemen . Mr. Chafine . Mr. Buckland . Mr. Barus . Mr. Browne . Mr. Grisley . Mr. Forsell . Mr. Richards . Mr. Wiborne . Mr. Hutchins . Mr. Carleton . 344. Common Souldiers , besides Officers . 
A33867	----	A collection of such of the orders heretofore used in Chauncery with such alterations and additions thereunto, as the Right Honourable the Lords Commissioners for the Great Seal of England, by and with the advice and assistance of the Honorable the Master of the Rolls, have thought fit at present (in order to a further reformation now under their Lordships consideration) to ordain and publish for reforming of several abuses in the said Court, preventing multiplicity of suits, motions, and unnecessary charge to the suitors, and for their more expeditious and certain course for relief. England and Wales. Court of Chancery. This text is an enriched version of the TCP digital transcription A33867 of text R1289 in the English Short Title Catalog (Wing C5196). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 82 KB of XML-encoded text transcribed from 50 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A33867 Wing C5196 ESTC R1289 13172445 ocm 13172445 98297 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A33867) Transcribed from: (Early English Books Online ; image set 98297) Images scanned from microfilm: (Early English books, 1641-1700 ; 734:16) A collection of such of the orders heretofore used in Chauncery with such alterations and additions thereunto, as the Right Honourable the Lords Commissioners for the Great Seal of England, by and with the advice and assistance of the Honorable the Master of the Rolls, have thought fit at present (in order to a further reformation now under their Lordships consideration) to ordain and publish for reforming of several abuses in the said Court, preventing multiplicity of suits, motions, and unnecessary charge to the suitors, and for their more expeditious and certain course for relief. England and Wales. Court of Chancery. Lenthall, William, 1591-1662. Keble, Richard, fl. 1650. [3], 5-92, [9] p. Printed by Robert White for Franics Tyton ..., London : 1652. Marginal notes. An alphabetical table: p. [1]-[8] at end. Reproduction of original in Huntington Library. eng Equity pleading and procedure -- England. A33867 R1289 (Wing C5196). civilwar no A collection of such of the orders heretofore used in Chauncery, with such alterations and additions thereunto, as the Right Honourable the England and Wales. Court of Chancery 1652 13444 9 0 0 0 0 0 7 B The rate of 7 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2004-01 TCP Assigned for keying and markup 2004-02 SPi Global Keyed and coded from ProQuest page images 2004-04 Amanda Watson Sampled and proofread 2004-04 Amanda Watson Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion Imprimatur , Hen : Scobell , Cleric : Parliament . A COLLECTION Of such of the ORDERS Heretofore used in CHAVNCERY , With Such Alterations and Additions thereunto , as the Right Honourable the Lords Commissioners for the GREAT SEAL of ENGLAND , By and with the advice and assistance of the Honorable the Master of the Rolls , Have thought fit at present ( in Order to a further Reformation now under their Lordships Consideration ) to Ordain and Publish , FOR Reforming of several Abuses in the said Court , preventing Multiplicity of Suits , Motions , and unnecessary Charge to the Suitors , and for their more expeditious and certain course for Relief . London , Printed by Robert White for Francis Tyton , and are to be sold at his shop , at the three Daggers near the Inner-Temple , Fleetstreet . 1652. Pleadings . THat no Councellor do put his hand to any Bill , Answer , or other Pleading , unless it be drawn , or at least perused by himself in the paper-draught , before it be engrossed , ( which they shall do well , for their own discharge , to sign also after perusal . ) And Councel are to take care , that the same be not stuft with Repetitions of Deeds , Writings , or Records in Haec Verba ; but the effect and substance of so much of them only , as is pertinent and material to be set down , and that in brief terms , without long and needless traverses of points not traversable , tautologies , multiplication of words , or other impertinencies , occasioning needless prolixity , to the end the ancient brevity , and succinctness in Bils , and other Pleadings , may be restored and observed . Much less may Councel insert therein any matter meerly criminous or scandalous under the penalty of good costs to be laid on such Councel , and payd to the party grieved before such Councel be heard in Court . Pleas and Demurrers . FOrasmuch as the Defendent being served with Proces to answer , may by advice of Councel , upon sight of the Bill only , be enabled to demur thereunto , if there be cause ; or may by like advice be enabled to put in any just plea , which he hath in disability of the person of the Plaintiff , or to the Jurisdiction of the Court : It is therefore Ordered , That such Demurrer , or such Plea in disability , or to the Jurisdiction of the Court under the hand of Councel learned , shall be received and filed , although the Defendent do not deliver the same in person , or by Commission ; and therefore if the Defendent shall pray a Commission , and thereby return a Demurrer only , or only such Plea which shall be afterwards over-ruled , the Defendent shall pay five Marks costs ; and although it be allowed , the Defendent shall have no costs in respect of the Plaintiffs needless trouble , occasioned by such commission . No Demurrer shall be said to be received , or to be of effect in Court , until the same be filed to the Bill in the custody of the six Clerk , being the Plaintiffs Attorney . No more shall any Bill , Answer , or other Pleading , be said to be of Record , or to be of any effect in Court , until the same be filed with such of the six Clerks , with whom it ought properly to remain . Every Demurrer shall express the several Causes of Demurrer , and shall be determined in open Court . And such Pleas also as are grounded upon the substance and body of the matter , or extend to the Jurisdiction of the Court , shall be determined in open Court : And for that purpose the Defendent is to enter the same with the Register , within eight days after the filing thereof ; or in default of such entry made , the same shall be disallowed of course , as put in for delay , and the Plaintiff may then take out Proces to enforce the Defendent to make a better answer , and pay forty shillings costs , and the same shal not afterwards be admitted to be set down or debated , unless ( upon special reason shewed to the Court before such Proces to make better answer be taken out ) it shall be otherwise ordered by the Court . And if any cause of Demurrer shall arise , and be insisted on at the debate of the Demurrer ( more then is particularly alledged ) yet the Defendent shal pay the ordinary costs of over-ruling a Demurrer , ( which is hereby ordered to be five Marks ) if those causes which are particularly alledged be disallowed , although the Bill , in respect of that particular , so newly alledged , shall be dismissed by the Court . A Plea of Outlary , if it be in any Suit for that duty , touching which , relief is sought by the Bill , is insufficient according to the Rule of Law , and shall be disallowed of course , as put in for delay , and the Plaintiff may ( notwithstanding such Plea ) take out Proces to enforce the Defendent to make a better answer , and pay five Marks costs ; Otherwise a Plea of Outlary is always a good Plea , so long as the Outlary remaineth in force , and therefore the Defendent shall not be put to set it down with the Register : And after the said Outlary reversed , the Defendent upon a new Subpoena served on him , and payment unto him of twenty shillings costs , shall answer the same Bill , as if such Outlary had not been : But if the Plaintiff conceive such Plea of Outlary through mispleading , or otherwise , to be insufficient , he may , upon notice given to the Clerk , on the other side , set it down with the Register to be debated with the rest of the Pleas and Demurrers in Course ; but if the Plaintiff shall not in such case enter it with the Register , within eight dayes after the same shall be filed , the Defendent may take out Proces against the Plaintiff for his ordinary Costs of five Marks , as if the same had been heard . The Dependancy of a former Suit for the same matter , is also a good Plea , and therefore the Defendent shall not be put to set it down with the Register . But if the Plaintiff be not satisfied therewith , the same shall be referred to one of the Masters of the Court to certifie the truth thereof : and if it shall be determined against the Plaintiff , he shall pay to the Defendent five pounds Costs . But such Reference shall be procured by the Plaintiff , and a Report thereupon within one Moneth after the filing of such Plea , otherwise the Bill to stand dismissed of course , with the ordinary Costs of seven Nobles . If after a Suit Commenced at the Common-Law , or any other inferiour Court , a Bill shall be exhibited in this Court to be relieved for the same matter , the dependancy of the former Suit shall be admitted as a good Plea , and the Defendent not to be put to motions for an Election , or Dismission : and that Plea shall be proceeded in , as in case of a Plea of a former Suit depending in this Court for the same matter . If the Demurrer be grounded only upon some Error , slip , or mistake in the Bill , the Plaintiff without Motion shall be permitted of course to amend the same , paying to the Defendent , or his Attorney to his use , twenty shillings costs . But if the Plaintiff shall not within eight days after such Demurrer put in , amend , or alter it , and pay the costs , then the Demurrer shall stand to be determined in Court , and if the same be ruled against the Plaintiff , he shall pay the ordinary costs for over-ruling a Demurrer . If the Plaintiff , or his Attorney in Court , shal , within eight days after a Demurrer filed , give notice to the Defendent , or his Attorney in Court , under either of their hands , that the Plaintiff doth admit the Demurrer to be good , and shall pay the Defendents Attorney , or his Clerk in Court , forty shillings costs ; then the Defendent shall not need to attend his Demurrer : but the Bill shall stand dismist of course without Motion , unless the Parties , or their Attorneys on both sides shall agree to an amendment of the same , but such dismission is to be no Bar to a new Bill to be exhibited by the Plaintiff . Answers . AN answer to a matter charged as the Defendents own Fact , must regularly be without saying to his Remembrance , or as he Believeth , if it be laid to be done within seven years before , unless the Court , upon exception taken , shall find special cause to dispence with so positive an Answer . And the Defendent deny the Fach he must traverse , or deny it ( as the cause requires ) directly , and not by way of Negative pregnant . As , if he be charged with the receipt of a summe of Money , he must deny , or traverse that he hath not received the summe , or any part thereof , or else set forth what part he hath received . And if a Fact be la●● to be done with divers circumstances , the Defendent must not deny or traverse it literally , as it is laid in the Bil , but must Answer the point o● substance positively , and certainly . When the Defendent hath answered , the Plaintiff is to be well advised upon the answer ; and if he shall find that upon the answer alone without further proof , there be sufficient ground for a final Order or Decree , the Plaintiff may procure his Attorney to present the same in course to be set down , to be heard upon Bill and Answer , without further lengthning of the cause ; but in case the Court shall not find grounds to make a Decree or final Order thereupon , the Bill shall be dismissed with costs , or the Plaintiff admitted to reply if he desire it , first paying down 5. li. costs to the Defendent or his Clerk , which if he shall not do in four dayes after such hearing , then the dismission to stand , and the conclusion of the Order upon hearing , is to be penned by the Register accordingly , that the said Bill stand dismissed without any further order or direction , and then such dismission shall be a good plea in Barr of any new Bill for the same matter . If a hearing be prayed upon a Bill and Answer , the answer must be admitted to be true in all points , and no other evidence to be admitted , unless it be matter of record , to which the answer refers , and is proveable by the record . The Plaintiff is therefore to be well advised therein , that the Court be not put to an unnecessary trouble , and himself to a certain charge , in bringing his cause to hearing , which will not bear a Decree . When as the Defendent hath put in an Answer , if the Plaintiff hath proofs for the matters denied , he is not to insist upon the insufficiency of the answer , if the same be good to a common intent , but proceed to replication and proof , to avoid charge and expence of time in cavilling with answers . If exceptions be put in to an Answer after the Term , the Defendent shall not be compelled to stay in Town , to attend the Plaintiffs exceptions , but shall have time to answer untill the fourth day of the next Term , unless the Court shall find special cause to hasten it , and shall so order in open Court . When a Plaintiff excepteth to a Defendents Answer , he shall set down his exceptions in writing , and the same Term the answer is filed , or within eight daies after that Term , deliver the same exceptions to the Councel , whose hand is to the Answer , or to the Defendents Attorney in Court , and if the Defendent shall within the times before limited respectively satisfie the plaintiff of the invalidity of those exceptions , or put in a perfect or better Answer , and pay xx . s. costs , then the Plaintiff may reply thereunto . But if the Defendent shall fail to do the same , or put in a second insufficient answer , then the Plaintiff may get the said answer , or answers referred ; and if the same shall be ruled insufficient , the Defendent shall pay forty shillings cost ; and in case the Plaintiff shall procure a reference of the answer , and the same be ruled good , the Plaintiff shall pay the Defendent forty shillings costs . If the first Answer be certified insufficient , as aforesaid , the Defendent shall pay forty shillings costs , if the Answer were put in in person ; but if the same came in by Commission , the Defendent shall pay fifty shillings costs , and no new Commission shall be awarded for taking any second Answer , unless it be by Order made in Court , and Affidavit made of the parties inability to travel , or other good matter to satisfie the Court touching that delay , and first paying the costs of such insufficient Answer , or by the Plaintiffs own assent for the expediting of his Cause . If the second answer be reported insufficient unto any of the points formerly certified , ( which are only to be insisted upon without any new exceptions ) the Defendent shall pay three pounds costs ; and upon the third answer four pounds costs ; and upon a fourth answer certified insufficient , he shall pay five pounds costs , and be examined upon interrogatories to the points reported insufficient , and shall be committed till he hath perfectly answered those interrogatories , and payed the costs , in respect of the great vexation and delay which in such case will happen to the Plaintiff . If upon perusal of the answer , the Plaintiff shall find it will be necessary to make proof of one , or few particulars , then the Plaintiff is to reply to those particulars only , and not draw into pleadings and proofs any more , then the points necessary to be proved : And in case upon the hearing it shall appear that the Plaintiff might have had as full relief on Bill and Answer , the Plaintiff shall not only go without costs , but shall pay the Defendent good costs , to be assessed by the Court , albeit he be relieved upon the merit of his cause in respect of the Defendents needless vexation . If a Bill be regularly and justly dismist of course , or by order for want of prosecution , no motion shal be admitted for the retainer thereof without a Certificate from the Defendents Attorney in Court , that the costs of the dismission are paid , to the end unnecessary charge to the parties by several motions for one and the same matter , may henceforth be avoided . Examination of Witnesses . IN case the parties proceed to examine Witnesses , the Interrogatories are to be penned with care , that the same be pertinent , and only to the points necessary to be examined unto : and the Witnesses are to be sorted & examined on those interrogatories only that their testimony doth extend unto , without the needless interrogatories of matters unnecessary and immaterial , as well to avoid the charge of both parties , Plaintiff and Defendent , in superfluous examinations , as that apt Interrogatories ( which are the life of the cause ) may be exhibited . The Examiners ( in whom the Court reposeth much confidence ) are themselves in person to be diligent in examination of Witnesses , and not intrust the same to mean and inferior Clerks ; and are to take care to hold the Witness to the point interrogated , and not to run into extravagances and matters not pertinent to the question , thereby wasting paper for their own profit , of which the Court will expect a strict accompt . The Examiners are to take care that they imploy under them in their Office , none but persons of known integrity and ability , who shall take an oath not to deliver or make known directly , or indirectly to the adverse party , or any other save the Deponent , who comes to be examined , any of the Interrogatories delivered to be examined upon any examination by him taken or remaining in the Examiners Office , or extract , copy , or breviate thereof , before publication be thereof passed , and copies thereof taken . And if any such Deputy , Clerk , or person so imployed , shall be found faulty in the premises , he shall be expulsed the Office , and the Examiner who so imployed him , shal be also answerable to the Court for such misdemeanour , and to the party grieved for his costs and damages sustained thereby : and such solicitor , or other person , who shall be discovered to have had a hand therein , shall be liable to such censure for the offence , as the Court shall find just to inflict upon him . No Witness shall be examined in Court , by the Examiner , without the privity of the adverse party , or of his Attorney , or his Attorneys Clerk , who deals for the adverse party , to whom the person to be examined shall be shewed , and a note of his name and place of dwelling delivered in writing , by such as shall produce him ; and the Examiner is to take care , and be well satisfied that such notice be given , and then shall add to the title of the Witnesses examination , the time of such notice given , and the name of the person to whom it is given , and by whom , that at the hearing of the cause , the Suitor be not delayed , upon pretence of want of notice . For prevention of perjury and other mischiefs often appearing to the Court , the Examiner is to examine the deponent to the Interrogatories directed seriatìm , and not to permit him to read over , or hear read any other of Interrogatories , until that in hand be fully finished , much less is he to suffer the Deponent to have the Ieterrogatories , and pen his own Depositions , or to depart after he hath heard an Interrogatory read over , untill he hath perfected his examination thereunto : and if any Witness shall refuse so to conform himself , the Examiner is thereof to give notice to the Attorney , or Clerk of the other side , and to proceed no further in his examination , without the consent of the said Attorney or Clerk , or Order made in Court to warrant his so doing . In examining of Witnesses , the Examiner shall not use any idle repetitions , or needless circumstances , nor set down any answer to the questions , to which the Examinant cannot depose , other then thus , To such an Interrogatory this Examinant cannot despose . And in case such impertinences be observed by the Court , the Examiner is to recompence the charge therof to the party grieved , as the Court shall award ▪ The Examiner shall not examine any Witness , to invalid the credit of any other Witness , but by special Order of the Court , which is sparingly to be granted ; and upon exceptions first put into writing , and filed with the Examiner without Fee , and notice thereof given to the adverse party or his Attorney , together with a true copy of the said exceptions , at the charge of the party so examining . From henceforth the Fee taken by the Examiner , upon the producing of a Witness to be examined by him , shall be deducted to the party Plaintiff 〈◊〉 Defendent , who paid the same when the Copies of such Witnesses Depositions are taken out by him , and such Exhibits whereupon any Witness is examined , shall be alwaies endorsed and certified by the Examiner , at the same time that the Witness is thereupon examined , and his examination perfected and subscribed . When Witnesses are examined in Court upon a Schedule of Interrogatories , there shall be no new Interrogatories put in to examine the same Witnesses , nor shall any Witnesses be examined in Court after the day of Publication , though they were sworn before ; so as a Copy of the Rule or Order whereby Publication passed , be delivered to the Examiner , that he may take notice thereof . If the Defendent being served with a Subpoena to rejoyn and joyn in Commission , shall not upon request by the Plantiffs Clerk , made to the Defendents Clerk , deliver Commissioners names , by the end of that Term , wherein the Subpoena ad rejungend . is returnable ; The Plaintiff may without motion or Petition take the Commission ex parte . The Plaintiff ought regularly to have the carriage of the Commission for examination of Witnesses , as often as any is sued forth : but if through the default of him or his Commissioners , the same be not executed he shall pay unto the Defendent such reasonable costs , as the Defendent shall by oath make appear he was put unto by such failer , and shall renew the Commission at his own charge , but the other side shall have the carriage of such new Commission . And the like shall be done to the Plaintiff , where the Defendent for just reason hath obtained the carriage of the Commission ; and if through any error of the Clerk in making out the said Commission , or misnaming the Commissioners , or parties , or the like , the execution of a Commission shall be put off , the party put to charge in attendance of such Commission , shall receive his costs to be ascertained by his oath as aforesaid , from him that obtained such Commission , and the Clerk that made out the same , or his Superiour the Attorny in Court , ( who is answerable for him ) shall make restitution thereof to the Client and Suitor . If both sides joyn in execution of a Commission , and the one side produceth and examineth all his Witnesses , and the other side doth not , but prayeth a new Commission , the same shal not be granted ( unless it be by consent of the parties , or their Attorneys in Court , ) but upon oath of good cause , why he could not then examine all his Witnesses . And in case the same be granted , the party praying the same shall bear the reasonable charge of the other side , both of renewing & executing the Commission , to be ascertained by Oath , and the other side shall be at liberty , to cross examine the Witnesses produced by him that reneweth the Commission . But if he shall not only cross examine the Witnesses of the adverse party , but examine new Witnesses , he shall bear his part of the charge . If at the instance of a Defendent , a Commission to examine Witnesses be renewed , either for a default by him or his Commissioners , or because he did not examine all his Witnesses by the first Commission , he shall at his peril examine all his Witnesses by such renewed Commission , or in Court by the return of such Commission without more or further delay , and no more Commissions to issue , except for examination beyond the seas , by Order in Court , or by consent of the Attorney . Upon the return of a Commission , if the same be executed by both parties , one rule only shall be given for Publication ; and if the said Commission be not renewed , or another obtained by the Plaintiff , or Defendent within that time , then Publication shall pass , and no Commission shal be afterwards granted or renewed , without special Order in Court . Upon the taking out of copies of Depositions examined in Court , or by Commission either by the Plaintiff or Defendent , no Fee shall be taken by the Six Clerks or the Examiner for the copies , either of the Plaintiffs or Defendents rerespective Interrogatories , save only the Clerks usual Fee for the writing thereof . Depositions of Witnesses in several causes , which are meerly cross causes , ( viz. ) between the same parties , and touching the same matter , may be used at the hearing of both causes ( coming to hearing together ) without any motion or order in that behalf . Where either party Plaintiff or Defendent obtaineth an order to use Depositions of Witnesses taken in another cause , the adverse party may likewise use the same without motion , unless he be upon special reason shewed to the Court , by that party first desiring the same , inhibited by the same order so to do . No motion shall be made in Court or by Petition , for suppressing of Depositions as irregularly taken , until the six Clerks not toward the cause have been first attended with the complaint of the party grieved , and shall certifie the true state of the Fact to the Court with their opinion : if the Attornies or Clerks on either side shall not for the ease of their Clients agree before them , for which purpose a rule for attendance of the six Clerks in such case shall be entred of course with the Register , at the desire of the party complaining , which shall warrant their proceedings and certificate to the Court . Proces . EVery Subpoena to answer shall be served personally , or left at the Defendents dwelling house , or place of residence with one of that family , and no Clerk of this Court shall issue any attachment for not appearing , but on Affidavit first made , positive and certain , of the day and place of such service of the Subpoena , and the time of the return thereof , whereby it shall appear that such service was made ( if in London , or within twenty miles , four days at the least , excluding the day of such service ; and if above twenty miles , then to have been ) eight days before such Attachment entred ; and that such Attachment shall not be discharged , but on payment of twenty shillings costs if the service be personal , and ten shillings if othewise , and so the succeeding Proces to be double . Every Subpoena to make a better answer , shall also contain a clause for payment of the costs ordinary in that behalf , and the Suitor not be put to take out several Writs , nor prosecute several contempts , as in that case hath been used ; and if upon the service of such Subpoena , the costs be not paid , the answer of such Defendent shall not be received or filed , unless the said costs be also delivered and paid to the Plaintiffs Clerk , together with the said answer , but Proces of contempt shall issue in that case , as for want of an answer , at the return of the said Subpoena . A Subpoena ducens tecum ( when the Defendent confesseth in his Answer , the having of any writings material to be examined upon , or confest to belong to the Plaintiff ) may be taken out by the Plaintiff of course without motion , for the Defendent to bring them into Court , or shew cause , &c. But if the Defendent either confess not the having them in his hands , or makes his title by them , or to them by his Answer , he shall be excused from any contempt , although he neither bring them into Court , nor shew cause ; and if the Plaintiff shall notwithstanding prosecute a contempt in that behalf ( and the case upon the Defendent his answer appear to be such ) he shall be thereof discharged , and have his costs . The Subpoena ad audiendum Iudicium shall be served either on the person of the Defendent , or left at his dwelling house , where his Family then resides : or in case oath be made that he cannot be found to be served personally , and that he hath no certain dwelling , or is beyond the Seas , the Court will Order the leaving of a Subpoena with his Attorney in this Court to be a sufficient service . All Proces of contempt shall be made out into the County , where the party prosecuted is resident , unless he shall be then in or about London ; in which case it may be made into the County where the party then is . And if any person shall be taken upon Proces otherwise or irregularly issued , the party so taken first appearing unto , and satisfying the Proces which did regularly issue against him , shall be discharged of his contempt , and have his full costs to be taxed of Course by the six Clerks , not towards the Cause for such undue or irregular prosecution , from the time that the error first grew without motion or other order . Every suitor who prosecuteth a contempt shall do his best endeavour to procure each several Proces to be duly served and executed upon the party prosecuted , and his wilfull default therein appearing to the Court , such person offending shall pay unto the party grieved good costs , and lose the benefit of the Proces returned without such endeavour . That all Attachments in Proces shall be discharged upon the Defendents payment , or tender to the Plaintiffs Clerk and refusall of the ordinary costs of the Court , and filing his Plea , Answer or Demurrer ( as the case regularly requires ) without any motion in Court in that behalf . And if after such conformity and payment of the costs , ( or tender and refusal thereof ) any further prosecution shall be had of the said contempt , the party prosecuted shall be discharged with his costs . Commissions to answer . AFter a contempt duly prosecuted to an Attachment , with Proclamation returned , no Commission shall be made to Answer , nor Plea or Demurrer admitted , but upon motion in Court , and Affidavit made of the parties inability to travel , or other good matter to satisfie the Court , touching that delay . The Defendent who is served with a Subpoena ad respondend ▪ and obtaineth a Commission to answer in the Countrey , shall without more words have the same liberty thereby to Answer , Plead , and Demur , as he had by the original Proces , if he could have appeared in person . After a Commission once obtained to answer , no second Commission shall be granted without speciall Order of Court ; or the Plaintiffs own assent under his hand . And if the time for the Defendents answering be inlarged upon Affidavit , that he or they cannot answer without sight of Writings in the Country , or in respect of the length of the Bill , or the like , which shal not be without special Order in Court , no Commission shall be afterwards granted without like speciall Order of Court , upon good reason shewed to induce , the same , or the like assent of the Plaintiff . In case where the Defendent sits all Proces of contempt , and cannot be found by the Serjeant at Arms , or makes a rescue , a Sequestration shal be granted of the land in question . And if the Defendent render not himself within a year , then an Injunction for the possession , and the profits so sequestred to be delivered over to the Plaintiff . Injunctions . FOr that it is agreeable to equity and the constant practise of this Court , that a Defendent obtaining a Commission to take his Answer in the Country , should not by that delay or favour of the Court , get an advantage against the Plaintiff , by proceeding at Law in the mean time , it is Ordered , that from henceforth every Commission to take an Answer in the Country shall contain in it a clause of Injunction to stay the Defendents suit at Law ( if any be ) touching the matter complained of in the Bill , untill he hath answered the Bill , and the Court given other Order , so as issue were not joyned at Law , before the return of the Subpoena served upon the Defendent , and in that case to stay judgement for the like time , so that the taking of such Commission under seal , shall be a sufficient notice and service of the said Injunction , without motion or other trouble to the Plaintiff , whereupon for breach to ground an Attachment , upon Affidavit of a proceeding at Law after the Commission prayed . No Injunction to stay Suits at Law shall be granted upon priority of Suit onely , nor upon the bare surmise of the Bill ; but upon the Defendents delay or wilful contempt in not Answering , or upon matter confessed in the Answer , or matter of Record , or writing plainly appearing , or the duty demanded appearing to be very ancient . Where a Bill comes in after a Verdict a Law for a debt , an Injunction is not to be granted , without depositing the principal money , except there shall , upon hearing both sides , appear to the Court in the Defendents answer , or by deed under hand and seal , or other good matter for relief in equity . And an Injunction granted in such case , or otherwise upon the merit of the cause or equity appearing to the Court , is regularly to stand , until the hearing of the cause , unless the Plaintiff delay the cause , in which case he may best be quickned , by dissolving the Injunction . For avoiding multiplicity of references heretofore used , and charge to the suitor , It is Ordered , that where a motion is made for an Injunction to stay a suit at Law upon allegation of matter of equity confest in the answer , the Councel moving the same , shall have that suggestion fair written in his hand , and reade or truly open the same to the Court ; and if the Court hold that matter of sufficient weight , will thereupon grant an Injunction as is desired , without reference , report , or further motion , and then the Register is in Court to receive the said suggestion so fairly written , and insert the same verbatim in the Order for granting the Injunction . But if the said suggestion be untrue in the substance thereof , upon construction of the whole Answer , and the Defendent be prosecuted by the Plaintiff for breach of the Injunction granted thereupon , he shall be clear from any contempt in that behalf , and have his costs , and such Councel shall justly incurr the displeasure of the Court . Where an Injunction to stay suits is obtained upon a misinformation made to the Court , ( as of matter confessed in the Defendents Answer , which in truth is not so confessed , or if confessed in one place , is avoided in another part of the Answer , or upon other such like plain abuse to the Court , in that case the party prosecuted with contempt for breach of such Injunction shall upon his examination ( the matter appearing as aforesaid ) be discharged of any contempt , although he hath proceeded at Law after such Injunction granted , and also have his costs taxed for his wrongful vexation , by the same Master to whom the contempt shal be referred , without other motion in Court , which also shall be done in like cases , where a contempt stands referred to a Master of the Court , he shall tax costs , and certifie the same in his report to the Court , together with his opinion touching the contempt , as well for the prosecutor , in case the contempt be confessed or proved , as for the party examined , if he be cleared thereof . For avoiding the many motions heretofore frequently made touching dissolving and continuing Injunctions , it is Ordered , That when an Injunction is granted till Answer and further Order , if no Order be made within fourteen days , ( after the Answer duly filed in Court ) for continuance of the Injunction , the same shall stand dissovled without further motion upon Certificate only of the Register . Injunctions to quiet possession ( usually granted for preservation of the publike peace , and prevention of force ) shall not be granted before hearing , but upon oath that the Plaintiff was in actual possession at the time of the Bill exhibited , ( and not of Rents or other things which lie not in manual occupation ) and for such possession as the Plaintiff himself had at the time of the Bill exhibited , and three years before , but not to be extended further to the possession of such from whom he claims , or of him and his Tenants , much less him and his Assigns , or the like . Which Injunction shall not be extended to give the Plaintiff any other possession then he had at the time when the motion was made . And such Injunction in case the Plaintiff delay to bring his cause to hearing is also to be dissolved . No Injunction to quiet such possession shal extend to hinder the Defendents proceedings at Law to evict the Plaintiff , or from making any lease , or peaceable entry , or single distress for that end . No possession shall be taken from any person by colour of any such Injunction before the cause be heard . And if any be , the Court will restore possession , and award costs . Injunctions against felling of timber , ploughing up of Meadow or ancient pastures not ploughed in twenty years before , or for maintenance of Inclosures that have continued for the better part of twenty years shall be granted as usually they have been , but no Defendent who by Answer claims an estate of Inheritance , or other estate dispunishable of wast , shall be thereby restrained , unless it be particularly so Ordered and mentioned in the said Injunction . And upon motion made for such Injunction , the case is to be truly opened as it stands in Court , and the Defendents Claim by his Answer , if he have answered . When the day is appointed for setting down causes for the following Term , the six Clerks shall present the Causes according to their priority in Publication , to be set down in their Order , so as the old Causes may be first heard and dispatched . And for that purpose with the names of each Cause they shall present the time when Publication passed , with a short note of the nature of every such cause presented . And accordingly the Court will give order for setting them down , so that puyne Causes shall not thrust out those that were ready for hearing before them . Provided that no Cause be presented the same Term in which Publication shall pass . Where no Councel appears for the Defendent at the hearing , and Proces appears to have been duly served , the Answer of such Defendent shal be read , and if the Court upon such hearing shall find cause to Decree for the Plaintiff , yet a day shall regularly be given to the Defendent to shew cause against the same ; but before he be admitted thereunto , he shall pay down to the Plaintiff or his Attorney in Court such costs as the Court upon that hearing shall assess , and the Order is to be penned by the Register accordingly , ( viz. ) it is decreed so and so , &c. unless the Defendent shall by such a day pay to the Plaintiff or his Attorney in Court costs , and shew good cause to the contrary , & such Defendent upon his shewing cause shal first produce a Certificate from the Plaintiffs Attorney in Court , that he hath paid the costs or Affidavit of tender and refusal thereof . The reasons of the judgement of the Court are in such case where the Defendent makes default to be by the Register shortly inserted in the Order , that the Defendent may know how to apply his cause without a new hearing , but if the Court shall not receive satisfaction thereupon to alter or confirm the decretal Order , but that a new hearing shall be requisite , the Defendent ( if the Court shall confirm their first Order upon the second hearing ) shall also pay the Plaintiff his full costs expended in the suit . If the Court upon the hearing of a Cause shall give no relief to the Plaintiff , the Defendent shall have costs awarded him in respect of his causless vexation . And where a Decree is made against a Defendent , the Court will likewise give costs to the Plaintiff as there shall be cause . Where costs are awarded by the Court , and the party shall refuse to pay them , and be afterwards prosecuted and found in contempt for not paying of them , he shall not be discharged of such his contempt , until he shall pay the said costs double , over and besides the costs taxed , for the prosecution of the said contempt . Where Causes are removed by special Certiorari upon a Bill containing matter of equity ; the Plaintiff is before he have the Certiorari granted , to put in bond to be taken by the Register , to prove his suggestions within fourteen days after the receipt of his Writ , which if he shall fail to do , upon certificate from the Examiners , that no Witnesses are examined , or upon a report that the suggestions are not proved , the Court will dismiss the Bill with costs , and award a Procendo . Decrees . NO Decree bindeth any man that cometh in bona fide by conveyance before the Bill exhibited , and is made no Party either by Bill or Order . But where he claims in trust for such person against whom the Decree is made or comes inpendente lite without allowance or privity of the Court , it is otherwise . No Decree shall recite the Bill , Answer , pleadings or Depositions , or any of them verbatim , but onely the short state of the matter , and the decretal Order , and the opinion and judgement of the Court . No Decree being once under the Great Seal shall be reversed or altered at the suit of the person against whom the Decree is made , or any man claiming in privity , by , from , or under him , but by Bill of review only . But in case of mistaking in a Decree which is demonstrative , viz. an errour in auditing or numbring , mistaking the date , or the like , by the leave of the Court the same may be certified without a Bill . That all Decrees and dismissions pronounced upon hearing the cause in this Court be drawn up , signed and enrolled before the first day after the next Michaelmas or Easter Term after the same shall be so pronounced respectively , and not at any time after , without special leave of the Court . That a short entry and Docquet be made in a Register Book kept by the Register of this Court , or such Clerk as he shall appoint for that purpose , of all Decrees that are drawn up and enrolled , whereby any Lands or Lease is decreed or charged with any sum of money , annuity , &c. and of the Lands in particular , and the Parish , or Town and County where the same lie ; to the end that any person that hath occasion may resort to that Register Book , to see whether any Decree be made touching such Lands , Houses , &c. and in case no such entry be made within six Months after such Decree shall be signed by the Lords Commissioners for the great Seal , and enrolled , the same shall not prejudce any Purchaser , who shall bona fide purchase any Estate in such lands , houses , &c. after the time limited for such entry to be made . That the six Clerks , and all other Clerks of this Court do therefore take care for their Client , that such entry be made of all Decrees by them drawn up and enrolled by the time before limited , that the Client do not suffer through their neglect : And that the Register shal take only the Fee of twelve pence for such entry , twelve pence for a Certificate , and four pence for a search , where no Certificate is made . In case of a Decree for Lands upon Oath made , that the same hath been personally served , and is not obeyed , and an Attachment is issued under Seal for such contempt , the Court doth usually grant an Injunction for the possession ; and upon oath made of the serving thereof upon the party , and that the same is not obeyed , a Commission is to be awarded to some of the Justices of the Peace of that County , to put and keep the Plaintiff and his Assigns in possession ; and in case of resistance , a Writ of assistance is to be awarded to the Sheriff for that purpose . Where the party is committed , or brought in by a Serjeant at Arms for breach of a Decree , he is not to be inlarged until he hath performed the Decree in all things that are to be presently done , and given security by Recognizance with Sureties , as the Court shall order to perform the other parts of the Decree ( if any be to be performed ) at future days and times appointed by the decree . Where the party is committed for breach of a Decree , or Order of Court , he ought to be restrained within the Fleet , and not permitted to go abroad without special license of the Court . Where a Decree is made for Rent to be paid out of the land , or a sum of money to be levied out of the profits of lands , there a Sequestration of the same lands being in the Defendents hands , or of any Rent reserved to the Defendent out of the same Lands may be granted . Where causes are dismissed upon full hearing , and the dismission signed and enrolled , such causes are not again to be retained , nor any new Bill admitted , except it be a Bill of Review , or upon matter of like nature , as in case where a Decree is sought to be avoided , and upon like security and allowance of the Court . Bills of Review . TO the end , that after a Decree made the party may be at peace , and multiplicity of Suits be avoided , no Bill of Review shall be admitted , except it contain either error in Law appearing in the body of the Decree , without either averment , or further examination of matters in fact , or upon new matter discovered in time after the Decree made , and whereof the party could not have had advantage before ; and upon such Bill of Review , no Witnesses shall be examined to any matters which were , or might have been examined unto upon the former Bill ; but upon Oath made of such new matter discovered , as aforesaid , a Bill of Review may be exhibited by leave of the Court , and not otherwise . No Bill of Review shall be admitted , nor any other Bill to change matters decreed , except the Decree be first obeyed and performed : But if any Act be decreed to be done , which extinguisheth the parties right at Common Law , as making of assurance , or release , acknowledging satisfaction , cancelling Bonds or Evidences , and the like ; or where the error is apparent in the body of the Decree , as aforesaid , the Court upon motion may dispense with the actual performance of that part of the Decree , till the Bill of Review be determined . No Bill of Review shall be allowed , except the party that prefers it ( giving notice to the Defendent therein ) do first enter into a Recognizance with Sureties , before some Master of the Court in ordinary , of a fit penalty in relation to the matter decreed , for the satisfaction of the costs and damages , if the Bill of Review be dismissed . Contempts . WHere a Contempt is prosecuted against any man , he shall not be put to move the Court , as formerly hath been used , either for Interrogatories to be exhibited , or for reference of his Examinations , and discharge being examined . But where any person shall be brought in by Proces ▪ or shall appear gratis to be examined upon a contempt , he shall give notice of such his appearance to the Attorney or Clerk of the other side : And if within eight days after such appearance and notice given , Interrogatories shall not be exhibited whereon to examine him , or if being examined , no reference shall be procured of his examination , nor Commission taken out of the other side , nor Witnesses examined in Court to prove the contempt within one Month after such examination , then the party so examined shall be discharged of his contempt without further motion , and may attend any one of the Masters of the Court for the taxing of his costs , which the Master is to tax without further Order , and that taxation being entered in the Register , the party may proceed for the same of course , as in like cases of costs taxed . If after appearance and Interrogatories exhibited as aforesaid , the party appearing shall depart before he be examined ( without leave of the Court ) he is upon motion and Certificate from the Register , and of such his departing and not being examined , and of the Interrogatories exhibited from the Examiner , to stand committed without further day given unto him , and is not to be discharged from such his contempt , untill he hath been examined , and been cleared of his contempt . And if he shall upon his Examinations , or by proofs be found in contempt , he shall clear such his contempt , and pay the prosecutor his costs , before he be discharged of his imprisonment . And although he be cleared of his said contempt , yet he shall have no costs , in respect of his disobedience in not being examined without the prosecutors trouble and charges in moving the Court , as aforesaid . In case of prosecution of a contempt for breach of an Order of the Court , or otherwise grounded upon an Affidavit , the Interrogatories shall not be extended to any other matter then what is comprehended in the said Affidavit or Order , And if any other shall be exhibited , the party examined may for that reason demurr unto them , or refuse to answer them . Where the party prosecuted upon a contempt , hath denyed it , or the same doth not cleerly appear by his Examinations , the prosecutor may take out a Commission of course to prove the contempt , and in such case the party prosecuted may name one Commissioner to be present at the execution of the Commission , and may henceforth ( notwithstanding the former usage to the contrary ) cross examine the Witnesses produced against him , to prove the contempt , but is not to examine any Witnesses on his part , unless he shall satisfie the Court touching some matter of Fact necessary to be proved for cleering the truth . In which case the Court , if there be cause , will give leave to him to examine Witnesses to such particular points set down , and the other side may cross examine such Witnesses . But the Interrogatories on both sides are to be included in the Commission . Where a contempt is prosecuted against one , who by reason of age , sickness , or other cause , is not able to travell ; or in case the same be against many persons who are servants , or workmen , and live farr off : the Court will upon motion and Affidavit thereof , grant a Commission to examine them in the Countrey . Which Commission shall be sued out and executed at the charge of the person or persons desiring it , directed to such indifferent Commissioners as the prosecutor of the contempt shall name ( as in other cases ) and one Commissioner onely at the nomination of the party prosecuted as aforesaid . Which Commission shall be executed at such convenient time and place , as the six Clerks not towards the cause upon hearing the Clerks upon both sides , shall set down . Upon every examination or proof of a contempt referred to any of the Masters of the Court , to certifie whether the contempt be confessed , or proved , or not : the Master , in his Certificate thereof made to the Court , shall likewise assess and certifie the costs to either party , as there shall be cause , without other Order or Motion made for that purpose . Commitment . THe Court being tender of the liberty of mens persons , and to avoyd their imprisonment upon malicious Affidavits , which are often made by one mean and ignorant person , and which hath heretofore by the course of the Court drawn on a Commitment , doth Order , That from henceforth , where oath shall be made of misdemeanor , in beating or abusing the party upon serving of the Proces or Orders of the Court , the party offending shall stand committed upon motion , and no examination is in that case to be admitted . And when Affidavit shall be made by two persons , of scandalous or contemptuous words against the Court , or the Proces thereof , the party offending shall likewise stand committed upon motion , without any further examination : And a single Affidavit in such case shall be sufficient to ground an Attachment , whereupon such person shall be brought in to be examined . And if the misdemeanour shall be confessed , or proved against him , he shall stand committed until he satisfie the Court touching his said misdemeanour , and pay the prosecutor his costs : and if he shall not be thereof found guilty , save by the oath of the party who made such Affidavit , he shall be discharged , but without any costs , in respect of the oath made against him , as aforesaid . That no Order whatsoever , except decretal or final Orders upon hearing , be received to be entered after the space of eight dayes , to be reckoned from the day of the Order pronounced exclusive : And if the party on whose behalf the motion is made do not prosecute the drawing up of the Order within four dayes , the Register is to do the same according to his notes at the instance of the adverse party . Masters . THE Masters are not upon the importunity of Councel ( how eminent soever ) or their Clyents , to return special Certificates to the Court , unless they are required by the Court so to do , or that their own judgement in respect of difficulty leadeth them unto it . Such kinde of Certificates for the most part occasioning a needless trouble , rather then ease to the Court , and certain expence to the Suitor . Their Certificates and Reports are to be drawn as succinctly as may be ( preserving the matter clearly for the judgment of the Court ) and without recital of the several points of the Orders of Reference ( which do sufficiently appear by the Orders themselves ) or the several debates of Councel before them ; unless that in cases where they are doubtful , they shortly represent to the Court , the reasons which induce them so to be . The Masters of the Court are to take notice , That when the Court requires to be satisfied from them touching any matter alledged to be confessed , or set forth in the Defendents Answer ; it is intended that without further Order they should take consideration of the whole Answer or Answers of the Defendent , and certifie not only whether the matter be so confessed or set forth , but also any other matter , avoiding that confession , or ballancing the same , that the Court may receive a clear and true information . The Masters in taking Affidavits and administring of Oaths in cases duly presented unto them , are to be circumspect and wary that the same be reverendly and knowingly given and taken , and are therefore to administer the same themselves to the party , and where they discern him rash , or ignorant , to give him some conscionable admonition of his Duty , and be sure he understand the matter contained in his Affidavit , and reade the same over , or hear it read in his presence , and subscribe his name or mark thereunto before the same be certified by the Master , who is not to receive or certifie any Affidavit , unless the same be fairly and legibly written without blotting , or interlineation of any word of substance . In all matters referred to the Masters of the Court , their Certificate ( not being to ground a Decree ) if it be positive , is to stand , and Proces may be taken out to enforce performance thereof without further motion , unless the adverse party upon notice given ( to his Attorney or Clerk in Court ) that such report is filed against him , shall within eight days after such notice ( if it be given in Term , or whiles the General Seals for motions are held , or within four days in the next Term , if it be given after ) obtain some Order in Court to controule or suspend the same . And in case of an insufficient Answer certified by the Masters , the Plaintiff may immediatly take out Proces against the Defendent for his Costs , and to make a better Answer , as hath been formerly used . Where after Certificate or Report made by the Masters of the Court , either party shall appeal from the same , to the judgement of the Court , he shall first file his exceptions thereunto briefly , with the Register , and deposite with him Forty shillings to be paid to the other party for his Costs , if he prevail not in such Appeal . And then the Register shall enter such Causes of Appeal in a paper in order as thay are brought unto him to be determined by the Court in course upon days of motions , and notice thereof to be given by the party appealing , to the Clerk of the other side . And also the Registers Paper to be set up in the Office two days before . And if the Court shall not alter the Masters Report , then the forty shillings deposited to be paid to the party defending the same , with such increase as the Court shall find cause to impose , otherwise to be restored to the party appealing , and both without charge . Petitions . NO Injunction for stay of Suit at Law shall be granted , revived , dissolved , or staid upon Petition . Nor any Injunction of any other nature shall pass by Order upon Petition , without notice , and a Copy of the Petition first given to the other side , and the Petition filed with the Register , and the Order entred . No Sequestration , Dismission , Retainers upon dismissions or final Orders , are to be granted upon Petition . No former Order made in Court is to be altered , or explained upon a Petition ; no Commitment of any person taken upon Proces of contempt to be discharged by Order made upon Petition , unless in the Vacation , and upon hearing the adverse party , his Attorney , or Clerk in Court . No Commissions for examinations of witnesses , shall be awarded or discharged , nor examinations suppressed upon Petition , except it be upon point of the Course of the Court first referred to the six Clerks not towards the Cause and certificate thereupon . Paupers . AFter an admittance In forma Pauperis , no Fee , Profit , or Reward shall be taken of such Party admitted , by any Councellor or Attorney for the dispatch of the Paupers business , during the time it shall depend in Court , and he continued In forma pauperis ; nor any contract , nor agreement be made for any Recompence , or Reward afterwards . And if any Person offending herein shall be discovered to the Court , he shall undergo the displeasure of the Court , and such further punishment as the Court shall think fit to inflict upon him , and the party admitted , who shall give any such Fee or Reward , or make any such contract , or agreement , shall be from thenceforth Dispaupered , and not be afterwards admitted again in that Suit to prosecute in forma pauperis . If it shall be made appear to the Court , That any Person prosecuting in forma pauperis , hath sold or contracted for the benefit of the suit , or any part thereof whiles the same depends , such cause shall be from thenceforth totally dismissed the Court , and never again Retained . Such Councel , or Attorney as shall be assigned by the Court to assist the Person admitted in forma pauperis , either to prosecute or defend , may not refuse so to do , unless they satisfie the Lords Commissioners , or Master of the Roles who granted the admittance , with some good reason of their forbearance . That Councellor who shall move any thing to the Court , on the behalf of a Person admitted in forma pauperis , ought to have the order of admittance with him , and first to move the same , before any other motion . And if the Register shall find that such person was not admitted in forma pauperis , he shall not draw up any Order upon the second motion made by any such Councel , but he shall lose the fruit of such second motion in respect of his abuse to the Court . No Proces of Contempt shall be made forth and sent to the Great Seal at the suit of any Person prosecuting as Plaintiff in forma pauperis , untill it be signed by the six Clerk who deals for him , and the six Clerks are to take care , that the such Proces be not taken out needlesly , or for vexation , but upon just and good cause , as they will answer it to the Court , if the contrary shall appear . And lastly ; it is Ordered , That all Masters of the Court of Chancery , Councellors , and all Officers , Ministers , Clerks , and Solicitors in the said Court , do observe these Orders , which are to continue untill upon further Consideration and experience , any Alterations shall be thought sit to be made therein . An Alphabetical Table . A   Fol. Reg. ANswer to matter of Fact . 15 10 Time to answer exceptions . 19 14 Time to deliver Exceptions to an Answer . ib. 15 Further insufficient Answers , and Costs for them . 21 16 Appeals from Masters Reports . 85 93 B SVccinctness in Bills . 5 1 Certiorari Bill . 61 63 Bills of review . 69 76 Not to be admitted till obedience , except in particular cases . 70 77 And upon security . 71 78 C CAuses to be set down according to priority of Publication . 57 58 Commission to Answer , gives liberty to Plead and Demur also . 45 45 Commission to Answer to contain an Injunction . 48 48 Not to be granted after Attach cum procl. 45 44 In what case a second Commission to Answer . 46 46 Carriage of a Commission to Examine . 32 29 Commission ex parte when . ib. 28 New Commissions , and how . 34 30 New Commission through the Defendants default . 35 31 Commitment for Misdemeanors on Service . 78 85 For Scandalous , and Contemptuous words against the Court . 79 86 Contempts . Proces of Contempt into the proper County . 42 41 Endeavour to be used in serving it . 43 42 To be discharged on payment of the Costs , or on Tender and refusal . 44 43 Appearance on Contempts . 72 79 Departure without being Examined . 73 80 In what case a Commission shall be to Examine Contemners . 76 83 Commission to prove a Contempt of course . 75 81 Contemners , when to be discharged . 66 72 When restrained . 67 73 Costs for insufficient Answer . 19 15 For further insufficient Answer . 21 16 Masters to tax Costs on Contempts of Course . 78 84 Costs to be given on hearing . 60 61 Contemner to pay the Costs double . ib. 62 D DEcrees , who is bound by them , and who not . 62 64 To be drawn briefly . ib. 65 Not to be altered but by Bill of Review , 63 66 Save in mistakes demonstrative . ib. 67 When to be enrolled . ib. 68 An entry to be made of the lands , &c. 64 69 Clerks to take care it be done . 65 70 Prosecution of Decrees for Lands . ib. 71 For money out of Lands . 67 74 Default at hearing . 58 59 Demurrer to put in without personal attendance or charge of Commission . 7 2 Demurrers to express the causes . 9 4 Demurrer upon a slip or mistake . 14 9 No demurrer after Attach . cum procl. 45 44 Demurrer being admitted , the Bill to be dismissed of Course . 14 6 Depositions in Cross causes . 37 34 Depositions in another cause . ib. 35 Depositions to be suppressed , and how . ib. 36 Dismission for non-prosecution , not to be retained till costs paid . 23 18 Dismissions on hearing . 68 75 E TIme to answer Exceptions . 19 1 Time for Exceptions to be delivered . ib. 1 Examiners Duty . 25 20 To have care of their Clerks , and be answerable for them . ib. 21 Examiner to avoid impertinences . 29 24 No Examination after publication . 31 27 H HEaring on Bill and Answer . 17 11 What evidence admitted . 18 12 Default at hearings . 58 59 Reasons to be expressed in the Order . 59 60 Costs to be given on hearing , 60 61 I INterrogatories to be pertinent . 24 19 No new Interrogatories for the same witnesses . 31 27 No Fees for the Copies of the parties own Interrogatories , save for writing . 36 33 Interrogatories not to exceed the Affidavit . 75 81 Injunction contained in a Commission to Answer . 48 48 Grounds for Injunctions to stay suits . 49 49 Injunction on Bills after verdict . 50 50 Injunctions on the matter without Reference . 51 51 Injunctions on mis-information . 52 52 Injunctions to be dissolved without motion , and in what cases . 53 53 Injunctions to quiet Possession . 54 54 Not to hinder Suits , Lease , Entry , or Distress . 55 55 Not to extend to take away Possession . ib. 56 Injunct . for Timber , Ploughing , &c. 56 57 O OAths reverently to be administred and taken . 83 91 Orders to be entred in eight days . 80 87 P PAupers not to pay Fees , 88 98 Nor to contract for the benefit of his Suit. 89 99 Councel and Attorney assigned to do their duty . 90 100 Motions for them to be first made . ib. 101 Proces of Contempt for them to be first signed by the six Clerk ▪ 91 102 No Pleadings to be of effect till filed . 8 3 Pleadings to be succinct . 5 1 Pleas to be put in without personal attendance or Commission . 7 2 Pleas on the matter , or to the Iurisdiction . 9 4 Plea of Outlawry . 10 5 Plea of a former Suit depending . 12 6 Plea of a Suit depending in another Court . 13 7 Petitions . No Injunction to be granted by Petition . 86 64 Nor Sequestration , Dismission , Retainers upon Dismissions , or final Orders . 87 95 Nor Order altered or explained , nor Commitment discharged . ib. 96 No Commissions for Examination of Witnesses to be awarded or discharged , nor Examinations suppressed by Petition . 88 97 Proofs to be only of matters necessary . 22 17 One rule for Publication on a joynt Commission . 36 32 R PLaintiff to Reply , if Answer good to common intent . 19 13 Reports of Masters not to be special , without Order . 81 88 Nor prolix . ib. 89 To be upon the whole Answer . 82 90 Reports that are positive . 84 92 S SErvice of a Subpoena to answer . 39 37 Subpoena for better answer and Costs in one . 40 38 Subpoena ducens tecum to be sued out of course . 41 39 Service of a Subpoena ad audiend. . Judicium . 42 40 Sequestration on non est invent . 47 47 W NO Witnesse to be examined without notice , &c. 27 22 Witnesses to be examined to Interr . seriatim . 28 23 Examination to the credit of a Witness , and how . 30 25 Fee for examining a Witness to be deducted . ib. 26 FINIS . B. Whitelocke C.S. Rich. Keble C.S. VV. Lenthall Master of the Roles . Notes, typically marginal, from the original text Notes for div A33867e-170 1. Succinctness in Bills and Pleadings . 2. What Pleas or Demurrers may be put in without personal attendance , or charge of Commission . 3. No pleadings to be of effect till filed . 4. Demurrers and Pleas on the Matter , or to the jurisdiction . 5. Plea of Outlary . 6. Plea of a former suit depending . 7. Plea of a Suit depending in another Court . 8. Demurrer upon a slip or mistake . 9. Demurrer being admitted , the Bill to be dismissed of Course . 10. Answer to matter of Fact . 11. Hearing on Bil and Answer with caution . 12. At hearing on Bil and Answer , what evidence . 13. Plaintiff to reply , if the Answer good to a common intent . 14. Time to answer exceptions . 15. Time for exceptions to be delivered , and costs for insufficient answers . 16. Further insufficient Answers ▪ and the costs for them . 17. Proofs to be only of matters necessary . 18. Bill dismissed for want of prosecution , not to be retained till the costs paid . 19. Interrogatories to be pertinent . 20. Examiners duty . 21. To have care of their Clerks , and be answerable for them . 22. Notice of a Witness to be examined . 23. Witnesses to be examined to Inerrogatories seriatìm . 24. Examiner to avoid impertinences . 25. Examination to the credit of a Witness , and how . 26. Fee for examining a Witness to be deducted . 27. No new Interrogatories for the same Witness , nor examination after Publication . 28. Commission ex parte , when . 29. Carriage of Commissions to examine . 30. New Commission , and how . 31. New Commission through Defendents default . 32. One rule on a joynt Commission . 33. No Fees for the copies of the parties own Interrogatories , save for writing . 34. Depositions in cross Causes . 35. Depositions in another Cause . 36. Depositions to be suppressed , and how . 37. Service of a Subpoena ad respondend . 38. Subpoena for better Answer and costs in one . 39. Subpoena duc . tec . to be sued out of course . 40. Service of a Subpoena ad audiend. . Iudicium . 41. Proces of contempt into the proper County . 42. Endeavor to be used in serving it . 43. To be discharged on payment of the costs , or upon tender and refusal . 44. After Att. cum Procl. no Commission , nor Plea , or Demurrer . 45. Commission to Answer gives liberty to plead and demurr also . 46. In what case a second Commission to answer . 47. Sequestration upon non invent ▪ or rescue 48. Commission to answer to coniain an Injunction . 49. Grounds for Injunctions to stay suits . 50. Injunction on Bils after Verdict . 51. Injunctions on the matter without reference . 52. Injunction on misinformation . 53. Injunctions to be dissolved without motion , and in what cases . 54. Injunctions to quiet possession . 55. Not to hinder suits , lease , entry , or distress . 56. Not extend to take away a possession . 57. Injunctions for Timber , Ploughing &c. 58. Causes to be set down according to Priority of Publication . 59. Default at hearing . 60. Reasons to be expressed in the Order . 61. Costs to be given on hearing . 62. Contemner to pay the costs double . 63. Certiorari Bill . 64. Who is bound , and who not . 65. To be drawn briefly . 66. Not to be altered but by Bill of review . 67. Save in mistakes demonstrative . 68. When to be enrolled . 69. An entry to be made of the Lands , &c. 70. Clerks to take care it be done . 71. Prosecution of a Decree for lands . 72. Contemners when to be discharged . 73. When restrained . 74. Decree for money out of land . 75. Dismission on hearings . 76. Grounds of Bils of Review . 77. Not admitted ▪ till obedience , except in particular cases . 78. And upon Security . 79. Appearance on Contempts . 80. Departure without being examined . 81. Interrogatories not to exceed the Affidavit . 82. Commission to prove it of course . 83. In what cases a Com shall be to examine contemners . 84. Master to tax costs of course . 85. On misdemeanour on service . 86. For scandalous and contemptuous words against the Court . 87. Orders to be entered in eight dayes . 88. Reports not to be special without Order . 89. Nor Prolix . 90. To be upon the whole answer . 91. Oaths reverendly to be administred and taken . 92. Reports positive . 93. Appeals from them 94. No injunction to be granted on Petition . 95. Nor Sequestration , Dismission , Retainer , nor final Order . 96. Nor Order altered , or explained , nor commitment dischargeed . 97. No Commissions to examine witnesses to be awarded , or discharged , nor examinations suppressed by Petition . 98. Not to pay Fees . 99. Not to contract for the benefit of the Suit. 100. Councel and Attorney assigned to do their duty . 101. Motions for them to be first made . 102. Proces of Contempt for them to be first signed by the six Clerk . 103. 
A47684	----	A copy of the speakers letter to the vice-chancellour and the heads of houses of the Vniversity of Oxford together with the protestation and declaration with it. Lenthall, William, 1591-1662. This text is an enriched version of the TCP digital transcription A47684 of text R34969 in the English Short Title Catalog (Wing L1070). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 18 KB of XML-encoded text transcribed from 9 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A47684 Wing L1070 ESTC R34969 14917531 ocm 14917531 102910 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47684) Transcribed from: (Early English Books Online ; image set 102910) Images scanned from microfilm: (Early English books, 1641-1700 ; 1573:15) A copy of the speakers letter to the vice-chancellour and the heads of houses of the Vniversity of Oxford together with the protestation and declaration with it. Lenthall, William, 1591-1662. [2], 14 p. Printed by Leonard Lichfield, Oxford : 1642. Signed: William Lenthall. Reproduction of original in the Union Theological Seminary Library, New York. eng Church and state -- England. Great Britain -- History -- Civil War, 1642-1649. A47684 R34969 (Wing L1070). civilwar no A copy of the speakers letter to the Vice-Chancellour and the heads of houses of the Vniversity of Oxford, together with the protestation an Lenthall, William 1642 3268 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2004-01 TCP Assigned for keying and markup 2004-03 Apex CoVantage Keyed and coded from ProQuest page images 2004-04 Mona Logarbo Sampled and proofread 2004-04 Mona Logarbo Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion COPY Of the SPEAKERS LETTER To the VICE-CHANCELLOUR AND The Heads of Houses of the VNIVERSITY of Oxford , together with the PROTESTATION and DECLARATION with it . OXFORD , Printed by LEONARD LICHFIELD , Anno Dom. 1642. TO THE VICE-CHANCELLOVR , and the HEADS of HOVSES of the Vniversity of OXFORD . Mr Vice-chauncellour , IT is now some moneths since that the Protestation taken by the Lords and House of Commons , was sent downe into the Country with an expectation that it should be generally taken throughout the Kingdome , for a Testimony of their good Concurrence with the Parliament . But through the remissnesse of some of those that had the care of recommending it to others , very many there be that have not hitherto taken it . Now the House of Commons ( having discovered many dangerous designes , plotted against the Parliament , and especially , that of the fourth of this instant Ianuary , which had it taken effect , would have strucken , not only at the Priviledges , but the very being of Parliaments , as will more appeare by the Declaration herewith sent unto you , which the House desires you to publish through all parts of the University of Oxford , ) have thought fitt once againe to recommend the taking of this Protestation , and have therefore commanded me in their name to desire you , and all , and every the Heads of Houses in the same University , to meet together in one place , as soone as possibly you may , and there to take the Protestation your selves , and then to call together all , and every the Masters , Schollars , and Servants of the same University , being of the age of 18. yeares or upwards , and tender unto them the Protestation , to bee taken in the presence of you , the said Mr Uice-chancelour , and the said Heads of Houses ; and to take the names both of those that doe take , and doe refuse to take the same Protestation , and to returne them unto the Burgesses serving for that University , before the 20th day of February next , wherein the House desires your greatest care and diligence , as a matter very much importing the good , both of the King and Kingdome , which being all I have in Command , I rest 8o . Febr. 1641. Your very loving friend William Lenthall SPEAKER . Die Mercurij : 5o . Maij. 1641. IT is this day Ordered by the House of Commons now assembled in Parliament , That the Preamble , together with the Protestation , which the Members of this House made the third of May , shall be forthwith Printed , and the Copies Printed brought to the Clark of the said House , to attest under his hand , to the end that the Knights , Citizens , and Burgesses may send them downe to the Sheriffes and Iustices of Peace of the severall Shires , and to the Citizens and Burgesses of the severall Cities , Boroughs , and Cinque Ports , respectively . And the Knights , Citizens , and Burgesses , are to intimate unto the Shires , Cities , Boroughs , and Cinque Ports , with what willingnesse all the Members of this House made this Protestation : And further to signify , that as they justify the taking of it in themselves , so they cannot but approve it in all such as shall take it . WE the Knights , Citizens , and Burgesses of the Commons House in Parliament , finding , to the great griefe of our hearts , that the designes of the Priests and Iesuites , and other Adherents to the See of Rome , have of late been more boldly and frequently put in practise then formerly , to the undermining and danger of the ruine of the true reformed Protestant Religion in His Maiesties Dominions established : And finding also that there have been , and having iust cause to suspect that there still are , even during this sitting in Parliament , indeavours to subvert the Fundamentall Lawes of England and Ireland , & to introduce the exercise of an Arbitrary and Tyrannicall Government , by most pernicious and wicked Councells , Practises , Plots , and Conspiracies : And that the long intermission , and unhappy breach of Parliaments , hath occasioned many illegall Taxations , whereupon the Subiect hath been prosecuted and grieved : And that diverse Innovations and superstitions have been brought into the Church ; multitudes driven out of His Maiesties Dominions , Iealousies raised and fomented betwixt the King and His people , a Popish Army levyed in Ireland , and two Armies brought into the Bowells of this Kingdome , to the hazard of His Maiesties Royall Person , the consumption of the Revenues of the Crowne , and Treasure of this Kingdome : And lastly , finding great cause of Iealousie , that indeavours have been , and are used to bring the English Army into a misunderstanding of this Parliament , thereby to incline that Army , with force to bring to passe those wicked Councells , Have therefore thought good to ioyne our selves in a Declaration of our united Affections and Resolutions , and to make this ensuing Protestation . I A. B. doe in the presence of Almighty God , Promise , Vow , and Protest , to maintaine and defend , as farre as lawfully I may , with my life , power , and estate , the true Reformed Protestant Religion , expressed in the Doctrine of the Church of England against all Popery and Popish Innovations within this Realme , contrary to the same Doctrine , and according to the duty of my Allegiance , His Majesties Royall Person , Honour , and Estate ; As also the Power and Priviledges of Parliament ; The lawfull Rights and Liberties of the Subject , and every person that maketh this Protestation , in whatsoever he shall doe in the lawfull pursuance of the same . And to my power , and as farre as lawfully I may , I will oppose , and by all good wayes and meanes indeavour to bring to condigne punishment , all such as shall either by Force , Practise , Councells , Plots , Conspiracies or otherwise , doe any thing to the contrary of anything in this present Protestation contained . And further , that I shall in all just and Honourable wayes indeavour to preserve the Union and Peace between the three Kingdomes of England , Scotland , and Ireland ; And neither for hope , feare , nor other respect , shall relinquish this Promise , Vow and Protestation . Whereas some doubts have been raised by severall persons out of this House , concerning the meaning of these words contained in the Protestation lately made by the Members of this House , ( viz : ) The true reformed Protestant Religion , expressed in the Doctrine of the Church of England against all Popery and Popish Innovations within this Realme , contrary to the same doctrine ; This House doth declare , That by those words , was and is meant , onely the publike Doctrine professed in the said Church , so farre as it is opposite to Popery and Popish Innovations ; And that the said words are not to be extended to the maintaining of any forme of Worship , Discipline , or Goverment , nor of any Rites or Ceremonies of the said Church of England . H. ELSYNG . Cler. PARL. De COM. A Declaration of the House of Commons , touching the late breach of their Priviledges ; And for the Vindication thereof , and of divers members of the said House . WHEREAS the Chambers , Studies , and Trunks , of Master Denzill Hollis , Sir Arthur Haslerigg , Master Iohn Pym , Master Iohn Hampden , and Master William Strode Esquires , Members of the House of Commons , upon Munday the 3. of this instant Ianuary , by colour of His Majesties warrant have been sealed up by Sir William Killigrew , and Sir William Flemen , and others , which is not only against the Priviledge of Parliament , but the Common liberty of every Subject : Which said Members afterwards , the same day were under the like colour , by Serjeant Francis , one of His Majesties Serjeants at Arms , contrary to all former Presidents demanded of the Speaker , sitting in the House of Commons , to be delivered unto him , that he might Arrest them of high Treason . And whereas , afterwards the next day , His Majesty in His Royall Person , came to the same House attended with a great multitude of men armed in a warlike manner , with Halberts , Swords , and Pistolls , who came up to the very door of the House , and placed themselves there , and in other places , and passages neer the said House , to the great terrour and disturbance of the Members then sitting ; and according to their duty in a peaceable , and orderly manner , treating of the great affaires of England and Ireland . And His Majesty having placed himselfe in the Speakers Chair , demanded of them the Persons of the said Members to be delivered unto him , which is a high Breach of the Rights , and Priviledges of Parliament , and Inconsistent with the Liberties , and Freedom thereof . And whereas , afterwards His Majesty did issue forth severall Warrants to divers Officers , under His own hand , for the apprehension of the Persons of the said Members , which by Law he cannot doe ; there being not all this time , any Legall charge or accusation , or due Processe of Law issued against them , nor any pretence of charge made known to that House ; all which are against the Fundamentall Liberties of the Subject , and the Rights of Parliament . Whereupon we are necessitated , according to our duty , to declare ; And we doe hereby declare , that if any Person shall Arrest M. Hollis , Sir Arthur Haslerigg , M. Pym , M. Hampden , and M. Strode , or any of them , or any other Member of Parliament , by pretence or colour of any Warrant issuing out from the King only , is guilty of the Breach of the Liberties of the Subject , and of the Priviledge of Parliament , and a publike enemy to the Common-wealth . And that the Arresting of the said Members , or any of them , or of any other Member of Parliament , by any Warrant whatsoever , without a legall Proceeding against them , and without consent of that House , whereof such Person is a Member , is against the liberty of the Subject , and a Breach of Priviledge of Parliament ; And the Person which shall Arrest any of these Persons , or any other Member of the Parliament , is declared a publique enemy of the Common-wealth . Notwithstanding all which we think fit , further to declare that we are so farre from any endeavours to protect any of our Members , that shall be in due manner prosecuted according to the Lawes of the Kingdom , and the Rights and Priviledges of Parliament for Treason , or any other misdemeanors , That none shall be more ready and willing then we our selves , to bring them to a speedy , and due tryall , being sensible that it equally imports us , as well to see Iustice done against them that are criminous , as to defend the just Rights and Liberties of the Subjects , and Parliament of England . And whereas upon severall Examinations taken the seventh day of this instant Ianuary , before the Committee appointed by the House of Commons , to sit in London , it did fully appear , that many Souldiers , Papists , and others , to the number of about 500. came with His Majesty on Tuesday last , to the said House of Commons , armed with Swords , Pistolls , and other Weapons ; and divers of them pressed to the door of the said House , thrust away the door Keepers , and placed themselves , between the said door , and the ordinary attendants of His Majesty ; holding up their Swords , and some holding up their Pistolls ready cocked neer the said door ; and saying , I am a good Marksman , I can hit right I warrant you , and they not suffering the said door , according to the custom of Parliament to be shut , but said they would have the door open , and if any opposition were against them , they made no question , but they should make their party good , and that they would maintain their party ; and when severall Members of the House of Commons were coming into the House , their attendants desiring that Room might be made for them , some of the said Souldiers answered , A Pox of God confound them , and others said , A Pox take the house of Commons , let them come and be hanged , what a do is here with the House of Commons ; and some of the said Souldiers did likewise violently assault , and by force disarme some of the Attendants , and servants of the Members of the House of Commons , waiting in the Room next the said House , and upon the Kings return out of the said House , many of them by wicked oaths , and otherwise , expressed much discontent , that some Members of the said House , for whom they came were not there ; and others of them said , when comes the word , and no word being given at His Majesties coming out , they cryed a lane , a lane ; afterwards some of them being demanded , what they thought the said company intended to have done , answered , That questionlesse in the posture they were set , if the word had been given , they should have fallen upon the House of Commons , and have cut all their throats . Vpon all which we are of opinion , that it is sufficiently proved , that the coming of the said Souldiers , Papists , and others with His Majesty to the House of Commons on Tuesday last , being the fourth of this instant Ianuary , in the manner aforesaid , was to take away some of the Members of the said House ; and if they should have found opposition , or deniall , then to have fallen upon the said House in a hostile manner . And we doe hereby declare that the same was a traiterous designe against the King and Parliament . And whereas the said M Hollis , Sir Arthur Haslerigg , M. Pym , M. Hampden , and M. Strode , upon report of the coming of the said Souldiers , Papists , & others in the warlike and hostile manner , aforesaid , did with the approbation of the House absent themselves from the service of the House , for avoiding the great , and many inconveniences , which otherwise apparantly might have hapned : Since which time a printed paper in the form of a Proclamation , bearing date the sixth day of this instant Ianuary , hath issued out for the apprehending , and imprisoning of them , Therein suggesting that through the conscience of their own guilt , they were absent and fled , not willing to submit themselves to Iustice ; We doe farther declare that the said printed paper is false , scandalous and illegall , and that notwithstanding the said printed paper , or any warrant issued out , or any other matter yet appearing against them , or any of them , they may and ought to attend the service of the said House of Commons , and the severall Committees now on foot . And that it is lawfull for all persons whatsoever to lodge , harbour or converse with them , or any of them ; And whosoever shall be questioned for the same , shall be under the Protection and Priviledge of Parliament . And we doe further declare , That the publishing of severall Articles purporting a form of a charge of high Treason against the Lord Kimbolton , one of the Members of the Lords House , and against the said , M. Hollis , Sir Arthur Haslerigg , M. Pym , M. Hampden , and M. Strode , by Sir William Killigrew , Sir William Flemen , and others in the Innes of Court , and elsewhere in the Kings Name , was a high Breach of the Priviledge of Parliament , a great scandall to His Maiesty , and His Goverment : A seditious Act manifestly tending to the subversion of the Peace of the Kingdome , and an injury , and dishonour to the said Members , there being no legall charge or accusation against them . That the Priviledges of Parliament , and the Liberties of the Subject so violated and broken , cannot be fully and sufficiently Vindicated , unlesse His Majesty will be gratiously pleased , to discover the names of those Persons , who advised His Majesty to issue out Warrants , for the sealing of the Chambers , and Studies of the said Members , to send a Serjeant at Arms to the House of Commons , to demand their said Members , to issue out severall Warrants under His Majesties own hand , to apprehend the said Members . His Majesties coming thither , in His own Royall Person . The publishing of the said Articles , and printed paper in the form of a Proclamation against the said Members in such manner as is before declared ; To the end that such Persons may receive condigne punishment . And this House doth further declare , That all such persons as have given any Councell , or endeavoured to set or maintain division or dislike , between the King and Parliament , or have Listed their names , or otherwise entred into any combination or agreement , to beayding or assisting to any such councell or endeavour , or have perswaded any other so to doe , or that shall doe any the things above mentioned , And shall not forthwith discover the same to either House of Parliament , or the Speaker of either of the said Houses respectively , and disclaime it ; are declared publike enimies of the State and Peace of this Kingdome , and shall be enquired of , and proceeded against accordingly . Die Lunae 17. Januarii . 1641. It is this day ordered , by the Commons assembled in Parliament , that this Declaration shall be forthwith published in Print . Hen. Elsing . Cler. Parl. De Com. 
A47686	----	A declaration of Master William Lenthall Esquire, Speaker of the Honorable House of Commons wherein is contained the grounds and reasons that moved him to absent himselfe from the service of the House, on Friday July 30, 1647 : together with his resolution not to attend that service, till (by an effectuall prevention of the like tumults) the Parliament be inabled to proceed in a free and Parliamentary way without disturbance or enforcement. Lenthall, William, 1591-1662. This text is an enriched version of the TCP digital transcription A47686 of text R11515 in the English Short Title Catalog (Wing L1072). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 7 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A47686 Wing L1072 ESTC R11515 12591187 ocm 12591187 63941 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47686) Transcribed from: (Early English Books Online ; image set 63941) Images scanned from microfilm: (Early English books, 1641-1700 ; 672:24) A declaration of Master William Lenthall Esquire, Speaker of the Honorable House of Commons wherein is contained the grounds and reasons that moved him to absent himselfe from the service of the House, on Friday July 30, 1647 : together with his resolution not to attend that service, till (by an effectuall prevention of the like tumults) the Parliament be inabled to proceed in a free and Parliamentary way without disturbance or enforcement. Lenthall, William, 1591-1662. 6 p. Printed by J. Harris and H. Hills ..., Oxford : 1647. Reproduction of original in Huntington Library. eng England and Wales. -- Parliament. -- House of Commons. Great Britain -- History -- Civil War, 1642-1649. A47686 R11515 (Wing L1072). civilwar no A declaration of Master William Lenthall Esquire, Speaker of the honorable House of Commons, wherein is contained the grounds and reasons th Lenthall, William 1647 1241 2 0 0 0 0 0 16 C The rate of 16 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2004-01 TCP Assigned for keying and markup 2004-01 Aptara Keyed and coded from ProQuest page images 2004-02 Mona Logarbo Sampled and proofread 2004-02 Mona Logarbo Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion A DECLARATION OF Master William Lenthall Esquire , Speaker of the honorable House OF COMMONS , WHEREIN Is contained the grounds and reasons that moved him to absent him selfe from the service of the House , on Friday July 30. 1647. TOGETHER With his resolution not to attend that Service , till ( by an effectuall prevention of the like tumults ) the Parliament be inabled to proceed in a free and Parliamentary way , without disturbance or enforcement . Published by his command , for the satisfaction of the Kingdome . OXFORD Printed by J. Harris , and H. Hills , living in Pennifarthing street , 1647. A DECLARATION OF MR W. LENTHALL . Esq. SPEAKER of the House of Commons , being the reasons and grounds that moved him to absent himselfe from attending the service on Friday , July 30. 1647. ALthough it may happily be contrary to the Expectation of some , that J attend not the service of the House of Commons at this time , as J have constantly done for almost seven yeares last past ; yet can it not be reasonably expected by any that will consider the violence offered to both the Houses of Parliament , and to my selfe in particular the last monday , July 26. Insomuch that J can safely take it upon my conscience , and so J doubt not may all the Members of both Houses also , that they sat in continuall feare of their lives , and by terrour thereof were compelled to passe such Votes as it pleased an unruly multitude to inforce upon them ; which as J did then openly declare in the House , so J cannot but believe that they are all void and Nul , being extorted by force and violence , and in that manner that they were : And J cannot any longer dispence with my selfe to be an instrument in passing such Votes , and to give any colour or shadow of Parliamentary authority unto them , which were not the Votes of the representative body of the Kingdome ; but of a tumultuous multitude , as those must needs be accounted that seemed to passe the House on Monday July 26. and which shall passe hereafter untill better provision be made for the safe and free sitting of the Houses of Parliament ; there being no effectuall course taken by the City since the adiournment of the House , to prevent the like tumults for the future no nor so much as a Declaration from them , to shew their dislike thereof : but on the contrary , it was generally voiced in the Towne , that there would be a farre greater confluence of Apprentizes , Reformado's , and others by Friday at the Parliament dores ; and particular notice was given to me , that after they had made the House Vote what they pleased , they would destroy me : J had likewise information given me that there would be a great number of Apprentizes of a contrary opinion and affection to the other , about the Parliament dores on Friday morning , which J foresaw must ▪ of necessity cause a great combustion , and in probability occasion much bloud-shed . The prevention of which mischiefe ( together with the consideration aforesaid ) have weighed more with me , then any thing which may concerne my particular : and especially having served the Parliament faithfully and diligently for the space of almost seven yeares in a free and Parliamentary way of proceeding : that J might not now be made a servant to such a rude and tumultuous multitude , to transferre upon them the colour of Parliamentary authority , therewith to abuse , and deceive the minds , and to destroy the lives , liberties and estates of the People of this Kingdome , and having taken a solemn protestation and Covenant , in my place and calling , to maintaine the priviledges of Parliament , and the rights and liberties of the Subiect , J could not now satisfie my selfe how J should discharge my duty therein , but by absenting my selfe at this time , rather then by my presence , to give any shadow or countenance of the authority of Parliament , to such apparent violation thereof , neither can the omission of a circumstance or some formality in the adiournment of the House , when through force and violence it cannot meet quiet in any sort as a Parliament , be any preiudice to the future sitting and proceeding thereof , when it may meet and sit againe as a free Parliament ▪ it being well known that nothing can dissolve this Parliament , but an Act of Parliament . When a company of Apprentices , Reformadoes and others , shall call the Ordinances of both Houses of Parliament pretended Ordinances , shall locke the doores of the Houses upon them , shall sweare not to let them out till they have passed what they pleased concerning the Militia of London and other things ( though the House had immediatly before voted otherwise ) shall threaten the Houses in case they doe not instantly satisfie thier demands ; shall knock , hoote , and hollow at the Parliaments doores , that the Members could not be heard to speake or debate , and after the House of Commons had passed a Vote concerning the Militia of London , and that the Speaker by the Vote had iudged the maior part to be for the negative , shall not suffer the House to be devided , but in a threatning way require those that gave their Votes against them to come out to them if they would , when after the House was adiourned , they shall by maine force thrust back the Speaker againe into the House , and force the Members in their presence and sight , ( direct thrusting themselves into the House ) to Vote what they demanded , when they shall iustle , pull , and hale the Speaker , all the way he went downe to his Caroch , and force him ( to avoid the violence ) to betake himselfe to the next Caroch he could get into , for refuge : When they shall breath forth bloody threats against the Members , as they come out of the House ; and since against me in particular , at the next sitting of the House , as J am credibly informed , and when there is no appearance but that they will continue to doe as formerly they have done , or far worse on Fryday : J could not in discharge of my trust , Protestation , and Covenant , sit in the Chaire of the House of Commons , whilest it shall be in such a condition ; but so soone as it may sit againe , in freedome and safety , J shall be ready to returne to the service of the House , but till then as J have upon the fore-mentioned grounds fully satisfied my owne conscience , so J doubt not but J shall give the whole Kingdome ( whose interest is most concerned in it ) ample satisfaction in the necessity of my action . WJLLJAM LENTHALL . Speaker . 
A47687	----	A letter from the speaker of the House of Commons, to the gentry, freeholders and inhabitants of the county of Yorkshire in answer to their protestation Lenthall, William, 1591-1662. This text is an enriched version of the TCP digital transcription A47687 of text R11514 in the English Short Title Catalog (Wing L1073). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 4 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A47687 Wing L1073 ESTC R11514 12591178 ocm 12591178 63940 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47687) Transcribed from: (Early English Books Online ; image set 63940) Images scanned from microfilm: (Early English books, 1641-1700 ; 672:25) A letter from the speaker of the House of Commons, to the gentry, freeholders and inhabitants of the county of Yorkshire in answer to their protestation Lenthall, William, 1591-1662. 7 p. Printed by L.N. and J.F. for E. Husbands and J. Franck ..., London : September 8, 1642. Signed at end: W.L. Reproduction of original in Huntington Library. eng Yorkshire (England) -- History. Great Britain -- History -- Civil War, 1642-1649. A47687 R11514 (Wing L1073). civilwar no A letter from the Speaker of the House of Commons, to the gentry, freeholders and inhabitants of the county of Yorkshire, in ansvver to thei England and Wales. Parliament. House of Commons 1642 709 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2004-01 TCP Assigned for keying and markup 2004-02 Apex CoVantage Keyed and coded from ProQuest page images 2004-03 Mona Logarbo Sampled and proofread 2004-03 Mona Logarbo Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion A LETTER From the SPEAKER OF The House of COMMONS , To the Gentry , Freeholders and Inhabitants of the County of YORKSHIRE , IN ANSWER To their Protestation . ORdered by the COMMONS in Parliament , That this be forthwith Printed and published : H. Elsynge , Cler. Parl. D. Com SEPTEMBER 8. 1642. London , Printed by L. N. and I. F. for E. Husbands and I. Franck and are to be sold at their shops in the Middle-Temple , and next door to the Kings-head in Fleet-street . A LETTER From the SPEAKER OF The House of Commons , TO THE Gentry , Freeholders , and Inhabitants of the County of YORKSHIRE , In Answer to their Protestation . MY Lords and Gentlemen , I am commanded by the House to let you know , that it is a very great satisfaction and contentment to this House , to finde the Affections and Resolutions of your County , so worthily and seasonably expressed , and with so much wisdom and courage , as they have observed in this your Protestation now presented unto them : Upon which , this House doth set a much higher rate and value in respect of the many subtile practices of the Malignant party in your County , both to disquiet the peace of the whole Kingdom , and to oppose the just proceedings of this House , and to beget , if it had been possible , a contrary opinion of you , from which you have now so fully vindicated your selves , and the most considerable part of that County . Nor can we but observe , that at this time , when the Protestant Religion , and Fundamentall Laws of the Kingdom , and Liberty of the Subjects , are so much invaded , as appeareth by that unheard of prevalencie of wicked Councell , which hath arrived to that height , as to procure both Houses of Parliament to be proclaimed Traytours ( a thing never before attempted , no not in the worst times ) you do with so much zeal and courage offer your selves to support your King , your Religion , and Liberty ; all which will be preserved by your faithfull adherence to this Parliament . And besides all these , the House cannot but take notice of your wisdom and fidelity , in expressing your detestation of those lawlesse Consultations and Resolutions , at the last Assizes at York , where Propositions were made for the raising Forces both of Horse and Foot in that County , the levying of money for the maintenance of them , together with the taking away the arms of the peaceable and best affected Subjects ; all which was endeavoured to be strengthened by the bold , and Illegall attempts of the Grand-Jury , who at that time did lay aside all presidents of Love and Justice , in such presentments as were at that time by them made ; which matter this House will in due time take into serious consideration . For your Resolution to withstand all these so Illegall proceedings , the House hath commanded me to return you their most hearty thanks , and to let you know , that this House doth esteem your Affections herein , as the most lively demonstrations of your loyalty to His most Sacred Majestie , and infallible symptomes of your fidelity to the Parliament , the onely means to preserve the felicity of the English Nation . Lastly , this House hath commanded me to let you know , that they do assent to your desire of publishing this your Protestation in all Parish churches , Markets & Fairs within the county , the same being as they conceive , a matter so much tending to the preservtion of the peace , not onely within your County , but likewise within the severall parts of the whole Kingdom . And thus I bid you heartily farewell , and rest Your loving Friend , W. L. FINIS . Ordered by the Commons in Parliament , That this Letter bee forthwith Printed and Published . H : Elsynge , Cler. Parl. D. Com. 
A47688	----	Master Speakers letter ordered by the honorable House of Commons to be sent to the high sheriffe and gentry of Yorkshire shewing their dislike of such as have endeavoured to perswade the countrey that their petition to the Parliament was ill relished : secondly, their dislike of such as have endevoured to perswade godly ministers that their exercises are not acceptable to the House : thirdly, their dislike of such as have endevoured to perswade the trained band from going in Hull upon the Parliament order : also shewing their great acceptation of the Yorkshire petition and how ready they are to take care for the discharging the billet-money in that county : likewise the Parliament wondring at the impudencie of those men who dare to hinder the advancement of the glory of God & of his worship and also to scandalize the piety of the house in so high a measure : likewise shewing how ready they are to propagate religion : also desiring and enjoyning the high sheriff to return the names of all those who have vented these untruths and disswaded the trained band in Holdernesse from entring into Hull. Lenthall, William, 1591-1662. This text is an enriched version of the TCP digital transcription A47688 of text R12451 in the English Short Title Catalog (Wing L1074). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 5 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A47688 Wing L1074 ESTC R12451 12646824 ocm 12646824 65161 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47688) Transcribed from: (Early English Books Online ; image set 65161) Images scanned from microfilm: (Early English books, 1641-1700 ; 250:E140, no 4) Master Speakers letter ordered by the honorable House of Commons to be sent to the high sheriffe and gentry of Yorkshire shewing their dislike of such as have endeavoured to perswade the countrey that their petition to the Parliament was ill relished : secondly, their dislike of such as have endevoured to perswade godly ministers that their exercises are not acceptable to the House : thirdly, their dislike of such as have endevoured to perswade the trained band from going in Hull upon the Parliament order : also shewing their great acceptation of the Yorkshire petition and how ready they are to take care for the discharging the billet-money in that county : likewise the Parliament wondring at the impudencie of those men who dare to hinder the advancement of the glory of God & of his worship and also to scandalize the piety of the house in so high a measure : likewise shewing how ready they are to propagate religion : also desiring and enjoyning the high sheriff to return the names of all those who have vented these untruths and disswaded the trained band in Holdernesse from entring into Hull. Lenthall, William, 1591-1662. [2], 4 p. Printed for John Franck, London : 1641 [i.e. 1642] Attributed to William Lenthall. Cf. BLC. Reproduction of original in Thomason Collection, British Library. eng Yorkshire (England) -- History. Great Britain -- History -- Charles I, 1625-1649. A47688 R12451 (Wing L1074). civilwar no Master speakers letter ordered by the Honorable House of Commons, to be sent to the high sheriffe and gentry of Yorkshire. Shewing their dis Lenthall, William 1641 855 4 0 0 0 0 0 47 D The rate of 47 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2002-06 TCP Assigned for keying and markup 2002-08 Aptara Keyed and coded from ProQuest page images 2002-09 Mona Logarbo Sampled and proofread 2002-09 Mona Logarbo Text and markup reviewed and edited 2002-10 pfs Batch review (QC) and XML conversion Master Speakers LETTER Ordered by the Honorable House of Commons , to be sent to the high Sheriffe and Gentry of YORKSHIRE . Shewing their dislike of such as have endeavoured to perswade the Countrey , that their petition to the parliament was ill relished . Secondly , their dislike of such as have endevoured to perswade godly Ministers , that their exercises are not acceptable to the House . Thirdly , their dislike of such as have endevoured to perswade the Trained Band from going into Hull , upon the Parliament Order . Also shewing their great acceptation of the Yorkshire Petition , and how ready they are to take care for the discharging the Billet-money in that County . Likewise the Parliament wondring at the impudencie of those men , who dare to hinder the advancement of the glory of God & of his worship , and also to scandalize the piety of the house in so high a measure . Likewise shewing how ready th●y are to propagate Religion , also desiring and enjoyning the High Sheriffe , to return the names of all those who have vented these untruths , and disswaded the Trained Band in Holdernesse , from entring into Hull . London , Printed for Iohn Franck , 1641. SIR , THe House hath received information by Letters from your selfe , that the malice of some hath proceeded so far of late , as to endevour first , to perswade your Countrey , that the Petition to the Parliament were ill rellished by this House . And that your free offers therein of putting your selves into a Posture of Defence , hath given such testimony of your abilities , that it hath utterly taken away the hopes of paying your Billet mony , till the Parliament knows not how else to dispose of it . Secondly , to cry downe Exercises ( which have already done much good ) and to draw off some Ministers by perswading them that they are not acceptable to this House . Thirdly , that some in Holdernesse have disswaded the Trained Bands from going unto Hull upon the Parliament Order . Which information of yours , the House takes for an especiall service , and for so full a ●estimony of your fidelity to the Parliament , and of love to your Country , as they hold it an evident character of your worth , and for this commands mee to give you very hearty thanks . And to desire you in the name of the house to declare to the Country , how false and malicious these r●ports are : since the House was so far f●om disrellishing their Petitions , or turning their free offer to their disadvantage , as that they returned their publike thanks when the Petition was received : Passed a vote to approve of their offer , and since by another Vote justified them in the same Act upon his Majesties taking notice thereof . And have since ordered that the same Counties which paid their Pole-mony heretofore at Yorke , shall now pay all their proportions of the Bill of foure hundred thousand pounds shortly to be raised to the discharge of the Billet-mony in your County and those other Counties where it is owing , which if it shall not fully satisfie , they will discharge as soone as the great necessities of the Kingdome can possibly permit . And likewise they command mee to let you know that they doe very much wonder at the impiety and impudence of those men who dare to hinder the advancement of the glory of God and of his worship . And also to scandalize the piety of this house in so high a measure , as to say those good Ministers endeavours are not acceptable to it , they accounting it their greatest honour to patronize painfull Preachers in the performance of their duties . And being resolved to cherish & advance with their utmost power , whatsoever may tend to the propagating of Religion of which they hold those exercises to be an especiall means . This house therefore being very sensible of the great inconveniences which may happen by their misreports in these distracted times , and from the malice of these men , if it should proceed uncontrolled desires , and enjoyns you to return the names aswell of those who have vented these untruths , as likewise of those who have diswaded the Trained Bands in Holdernesse , from entring into Hull upon the Parliaments Order : Perswading themselves that you who have already given such proofe of your affection to the Kingdome , will still continue it by your endeavours , to prevent the practises of any ill-affected persons upon any of that County , to the disturbance of the peace . Die Mercurii 16 Martii , 1641. It is this day ordered by the House of Commons now assembled in parliament , that this Letter be forthwith printed . H. Elsyngs Cler. Parl. D. Com. FINIS . 
A47689	----	Mr. Speakers letter to the Kings most excellent Majestie, Febr. 16, 1641 concerning the great affayres, and state of the kingdome. Lenthall, William, 1591-1662. This text is an enriched version of the TCP digital transcription A47689 of text R39009 in the English Short Title Catalog (Wing L1076). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 13 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A47689 Wing L1076 ESTC R39009 18206137 ocm 18206137 107076 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47689) Transcribed from: (Early English Books Online ; image set 107076) Images scanned from microfilm: (Early English books, 1641-1700 ; 1127:2) Mr. Speakers letter to the Kings most excellent Majestie, Febr. 16, 1641 concerning the great affayres, and state of the kingdome. Lenthall, William, 1591-1662. [8] p. Printed for John Thomas, London : 1641 [i.e. 1642] Attributed to Lenthall by Wing and Nuc pre-1956 imprints. Caption title dated "... February the 12. 1641" [i.e. 1642]. Imperfect: stained, with loss of print. Reproduction of original in the Bodleian Library. eng Constitutional history -- Great Britain. Great Britain -- Politics and government -- 1625-1649. Great Britain -- History -- Charles I, 1625-1649. A47689 R39009 (Wing L1076). civilwar no Mr. Speakers letter to the Kings most excellent Majestie, Febr. 16. 1641. Concerning the great affayres, and state of the kingdome. Lenthall, William 1642 2488 23 0 0 0 0 0 92 D The rate of 92 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2004-01 TCP Assigned for keying and markup 2004-02 SPi Global Keyed and coded from ProQuest page images 2004-03 Mona Logarbo Sampled and proofread 2004-03 Mona Logarbo Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion Mr. SPEAKERS LETTER To the Kings most Excellent Majestie , Febr. 16. 1641. Concerning the great Affayres , and State of the Kingdome . HONI SOIT QVI MAL L Y PENSE CR royal blazon or coat of arms London , Printed for Iohn Thomas , 1641. The Speakers Letter of the House of Commons to the Kings most Excellent Majestie , February the 12. 1641. SIR , BEsides my sorrowes ( which pressed me very sore , and remaineth still upon me ) the troubles and griefe that fell upon me for the lamentable breaches in Church and State , and for your Sacred Majesty & hopefull offspring , filled up my sorrowes , and in my thoughts J was grieved that those feares and Desolations fell out in your dayes , I confesse , charity suspects not , and the best minds thinkes the least hurt , and the freer a man is , from vice in himselfe , the more charitable he is of others , and this is that which hath proved ( formerly prejudiciall to your Majesty , but had your Majesty been the first , or the best , that had bin instead , misinformed , or ill rewarded it would be an hard thing to command patience , but griefe is asswaged either by presiden●s , or examples . Jt is true of late dayes your Majesty being misinformed against some of your best subjects , your Majesty thought to have dealt with them , as Ioseph thought to have dealt with Marie , and so put them away farre from you , but with Marie they travailing as it were with child , and that that which they travailed withall might not appeare an illegitimate the onely wise God , sent as it were an Angell unto you , to let you see , that like Marie they being contracted unto you in love , they have not as yet defiled their Marriage Bed , but remaine like Marie faithfull to their Head and Soveraigne , and your Majesty having beene formerly seduced by false opinions from others against them , J hope you will now be reduced unto them ( and by them ) by true perswasions , and that you may be so the onely wise God that gave your Majesty your being , and so knew you better then your selfe , hath dealt with your Majesty , as he did with Adam in Paradise , and so hath provided you a meet helper , when with Adam you thought no need of it , now desired it , and your Majesty yeelding as Adam did , ( in sparing a superfluous Rib for to make him a meet helper ) will become a great gainer , for your Majesty shall not onely loose those who may very well be spared , but you will gaine to your selfe and your posterity a meete helper , that will endeavour by all meanes that may be Lawfull to ease you of many burthens that otherwise might have layne heavie upon you , and this helper is many members of that body , whereof your Majesty is become the head ▪ and considering their paines and labour in Love , you should doe them iniustice if you should suffer any for to accuse them , J hope there is none ( or will be none ) neere you ( if neere you , yet dares not ) so ingrosse your favours any more to their owne advantage whereby your good Subject● may be bereaved of those Benefits that ought to be common to all , as for your Commons , they goe not about to steale your favours , but to purchase them them legally , and are become unto you as Abrahams Servant was to his Master , who would not either Eate , or Drinke , untill he had done his Masters busines , and I dare say if your Commons ( as your late Monopolists , and others ) had or did seeke themselves , or their owne advantages , ( more then the good of King and Kingdome ) they would have beene wearied after so much labour before now , but mee thinkes J heare your Commons say as Adam said , let us be but one , and that it may be so , they are willing , not onely for a time to be seperated from their Domesticke imployments , but to forsake all , and runne many hazards , to cleave only to your Maiesty in a solemne Contract , wherefore to make up the contract , you must with Isaacke part with something that was formerly neare unto you , and who would no● spare a part , to save the rest , being done it will prove to your Maiesty as comfortable and welcome , as Rebecca was into Isaacks Tent . This happy match being made , it would not onely refresh your people , but make glad your heart in time of feares & dangers , it is true , there is many that have brought your Majesty into troubles , and feared dangers ( and the more too blame they , for leaving your Majesty , having brought you into them ) it is true , there are many with Orpha , seeing your troubles , have left you , but your Commons like Ruth are resolved to stick close unto you , and will endeavour to helpe you , if with David you will be advised by them ( who blessed God for the seasonable Councell of a woman , when he was upon a desperate designe ) judge then of their loves & affections to your Majesty , by yours to them ; and then tell me , whether they doe not love you ▪ doubtlesse , yes ; accounting their lives not deare unto them , so that they may but finish their worke with ●oy ▪ and accomplish their good ends concerning you , and I doubt not , but that J speake it in the name of many & in truth by your late yeelding and free expression ; you have stollen me from my selfe , yea , and am now wounded within me , and like Moses , who was wounded within himselfe , and could hardly endure to looke upon God 〈◊〉 he discended in mercy . Jt is true , there is nothing engageth a soule to God , or a Subject to a King , as the appearance of love , this made Moses to say : How dreadfull is thy place O God , and this is that which hath stollen me from my selfe , so that J am no more mine owne , but yours ; yea , by this returne of yours to your people , you will winne them to obedience with kindnesse , and by doing so ; you will make good that which you were sent for , whose eares ought to be imployed for the good of your Subjects ; knowing that their love is your greatest safety , and their prosperity your greatest honour and ●elicity ; & this is that which will make your bed easie ; when you shall possesse the just Title to the Crowne with the love of your people , and the continuance of it with the willing applause of the Subject , is the ●ighest way to a blessing , and the hopes of this is that which hath brought me to renue and confirme the Covenant that your Majesty made with me from your first entrance to the Crowne , and because you could not sweare by no greater , swore by the eternall God , that you would defend mee , and at the first of our contract we made but one , your power and all that you had was mine to defend me , & to do me good , but there have bin some of late , that have set your Majesty against mee . ( J speake it in the name of many ) and have perswaded you to beate me , and to force me to obedience , though of my selfe willing to obey , being of a nature sooner wonne , then compelled , and this is that which hath sore troubled me , yet this is not all , but when an Oath , ( with an et Coetera ) was put upon me , it wounded me ▪ for by the Oath that I had taken already ▪ I was bound fast enough , but the truth is when these things befell me , J was affraid that some evill minded men like to Potiphers wife , seing mine Innocencie , and more faithfull to you ▪ my Husband , then themselves , had complained against me without cause , and this I could hardly beare , for by this meanes our great adversaries , the Divill and Pope , laboured to sowe contentions , and jealousies betweene us and this is that which will be a meanes to undoe us both when your Majesty ( which is become my head , and husband ) speaks kindly unto me , and is ruled by those that love us both my heart is inflamed , with a love unto you , but when your Ministers abuse yo●●●ajesties kindnesse , and become tirants to their fellow Ser●●nts , yea when they shall goe about to Justifie themselves , and lay all their villany upon your Majestie , this J can hardly beare , for by this meanes J am deprived of my mariage bed , and of my wonted society , and am troubled within my selfe , when I see your Majesty ( which is become my head and husband ) strange unto me , but I hope every former breach will unite love the stronger wher●fore being now reconciled to your Commons , Feast , Live Love , and dye together , and be more firme in your neare vnion , then ever divided in your heartie unkindnesse , so shall you meete in the end and never Part , but be like Rachell and Leah , which two ▪ built up the house of Israell , you are now in the way , and it is sayd ▪ Genesis 24 , 27. That whilst the Servant of Abraham was in the way , God blessed him , the same God blesse you , and for your comfort , and incouragement ▪ know , by so much shall you grow to perfection , by how much you draw neare to vnitie , I confesse had the Balaacs and Baalams of our times beene so evill as they would have beene , the world had beene overrunne with evill , but such is the wisdome of God , that ofttimes he hides from evill men those times and seasons , that might prove prejudiciall to his people , so when Saul sought for David , it is true the good God might have destroyed the Baalams and wicked Sauls of our times , but many times he will not , for God hath something more for them to doe , and it is not so much glory to God to take away wicked men , as to vse their evill to his owne holy purposes , and gaineth many times more glory by working good by evill Instruments , then by destroying of them presently in their wicked purposes , for it is a true Maxime , that it sufficeth a good man ▪ that here resisteth the evill actions of the wicked , whilest they love their persons . J confesse , our Balaams and our Sauls , had gone very farre , but in some things God permits in indignation , not for that hee gives leave to the Act , but that he gives a man over to the sinne in the Act , and yet this sufferance imployes not favour but judgement , and God is contented the Devill should winne himselfe credit ( sometimes ) where he means to judge , I confesse our Sauls and our Baalams like Cisera , trusted in their strength , but like Cisera many of them runne away , yet in spight of them all , the Lord hath made a seasonable and hopefull provision for his people . Jt is too true by the meanes of our Sauls , your Majesty became to your people and Commons , as the Angell was unto Gydeon , and so made them affrayd , but like the Angell that made Gydeon affrayd , your Majesty hath returned to their comfort , and as God he useth , where he loues ▪ he imployes , and like Christ himselfe you are now willing to enjoy them b● a willing contract , and not by 〈◊〉 , and by this meanes you appeare now unto your people like Moses , who had more glory by his Vale , then by his face , and I doe no● doubt but when all things shall be made manifest , but that one faithfull DAVID will be in more 〈◊〉 with your Majesty ; then either the Sauls or Baalams 〈…〉 is true , by the meanes of our Sauls the Crowne 〈◊〉 become full of cares , and your Majesty 〈◊〉 almost beene wearied by them , would faine now take some rest , and that your Majesty may rest , J will with Iacob give God no rest untill he have blessed you , wherefore being now reconciled unto your Commons , you will become as sweet and pleasant to the Church , and the three Kingdomes , as the Tree that God shewed to Moses , which when he cast into the waters , the waters were made sweet ( which formerly were bitter ) J know that thankefulnesse and love , can doe more with good men , then merit or necessity , and me thinkes I see you like our Saviour who thirsted after the salvation of Mankind , and J beleeve it was not so much out of drynesse as out of love , goe you and doe so likewise , knowing that modest beginnings , and hopefull proceedings makes happy endings , and for your comfort know , that God whose Battels you fight , will provide a due reward , and so J commend the saying of Salomon unto you , Eccles. 9.10 . Whatsoever thy hand findeth to doe , doe it with thy might , for there is no worke nor device , nor knowledge , nor wisedome in the graue whither thou goest . FINIS . 
A47690	----	Reasons humbly offer'd why the name of William Lenthall should be left out of the exception in the Act of oblivion Lenthall, William, 1591-1662. This text is an enriched version of the TCP digital transcription A47690 of text R27127 in the English Short Title Catalog (Wing L1077). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A47690 Wing L1077 ESTC R27127 09657816 ocm 09657816 43936 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47690) Transcribed from: (Early English Books Online ; image set 43936) Images scanned from microfilm: (Early English books, 1641-1700 ; 1334:48) Reasons humbly offer'd why the name of William Lenthall should be left out of the exception in the Act of oblivion Lenthall, William, 1591-1662. 1 broadside. s.n., [London : 1660] Reproduction of original in the Bodleian Library. eng Lenthall, William, 1591-1662. Great Britain -- History -- Restoration, 1660-1688. A47690 R27127 (Wing L1077). civilwar no Reasons humbly offer'd why the name of William Lenthall should be left out of the exception in the Act of oblivion. Lenthall, William 1660 837 1 0 0 0 0 0 12 C The rate of 12 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2004-01 TCP Assigned for keying and markup 2004-03 Apex CoVantage Keyed and coded from ProQuest page images 2004-04 Jonathan Blaney Sampled and proofread 2004-04 Jonathan Blaney Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion REASONS HUMBLY OFFERD VVHY THE NAME OF WILLIAM LENTHALL Should be Left Out of the EXCEPTION in the ACT of OBLIVION . 1. THere is no action of mine that exprest me at any time averse to the King , and his affaires ; for many years since I was violently prosecuted before a Committee of Parliament for sending money to his Majesty at Oxford , and for suffering both Persons and Intelligence to pass to him by my Authority . This was so violently pursued against me , that when the Committee could not make it against me , the Council of War appointed a Committee of theirs , and I was prosecuted by Col. Venables , and one Col. Cook . 2. Her Majesty being near the time of Her lying in , could not obtain licence from hence for conveniences for her use ; and by my power and by a servant of my own , I conveyed to Her all things necessary for that occasion , which Her Majesty was pleas'd to take particular notice of . And for this I was also accus'd . 3. I was not wanting in the duty I owed to His Majesties Children , the Duke of Glocester , and the Lady Elizabeth that were here , and that there was no opportunity , but I made it my care to get necessaries and conveniences for them ; and this will be testified by severall that attended them . 4. There could be no Person more desir'd and endeavoured his Majesties honour and happiness then my self , and in order thereto advised some of the Commissioners that attended the Treaty , to labour all that could possibly be done to effect that ; and that His Majesty should make no reliance on the Army , for they would deceive him . And this I signified in a Letter to the Speaker of the now-House of Commons . 5. That at all times when any thing came to my single Vote ( and then onely I could expresse my Opinion ) I never consented to any violent action , but rather shewed my dislike to any such thing , or any proceeding that was not regular . 6. How it was my labour ( and not in vain ) to break the Army , and to divide the Soldiers from the Officers , which I effected , in such a time , when if the other party had got the better , I must have suffer'd both in my Life and Fortune . 7. I gave and held Intelligence with my Lord Generall , by Letters from hence when he was in Scotland and at Berwick , and got privately such Officers conveyed to him as he wanted there . 8. My refusing to take the Oath of Abjuration , which if I had not particularly at that time discountenanced , it had been taken by a great part of the Army and many others , which would have engaged men to be more desperate in their resistances to His Majesty . 9. I did not onely refuse to sign any new Writs , but absolutely obstructed the going out of any to fill up that House , which if it had been done , had answer'd the desires and expectations of most ; and would have so setled mens minds , that I do think it might have prevented His Majesties comming in , and continued the Nation under a form of Government , diametrically opposite to His Majesties . Lastly , the often attendancies I have made on his Excellency , to give him my humble advice for the speedy bringing in of His Majesty , and this when it was not publiquely known that there would be any such thing : And it was also the result of many pri●●te advices that I had with divers persons that agitated His Majesties comming to His Dominions . There are onely two things objected against me : The one is , My going to the Army ; The other is , My sitting in the House . To the first , I doe protest in the presence of God , I did think at that time the Army did intend the bringing in of His Majesty , and the settlement of the Kingdome , and that deceived me . For the other , I doe acknowledge my weaknesse ; and yet even in that I was led to it with a thought that I might doe a great deal of good , and prevent all persons interest from running into a confusion , which I much laboured , and prevented many inconveniences . And this I can say , that in all this time I have countenanced a learned Ministery , and alwayes heard such , whose opinions were for the establishing the King and the Church . 
A47691	----	Mr. Speakers speech before His Majestie and both Houses of Parliament, after his returne from Scotland, upon passing the Bill for Tunnage and Poundage, on Thursday the 2. of December, relating the present distempers of England and Ireland also, the King's most excellent Majestie's speech to the honourable House of Parliament the same Thursday Deceb. 2, 1641. Lenthall, William, 1591-1662. This text is an enriched version of the TCP digital transcription A47691 of text R30932 in the English Short Title Catalog (Wing L1078). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 8 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A47691 Wing L1078 ESTC R30932 11724990 ocm 11724990 48370 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47691) Transcribed from: (Early English Books Online ; image set 48370) Images scanned from microfilm: (Early English books, 1641-1700 ; 1486:12) Mr. Speakers speech before His Majestie and both Houses of Parliament, after his returne from Scotland, upon passing the Bill for Tunnage and Poundage, on Thursday the 2. of December, relating the present distempers of England and Ireland also, the King's most excellent Majestie's speech to the honourable House of Parliament the same Thursday Deceb. 2, 1641. Lenthall, William, 1591-1662. Charles I, King of England, 1600-1649. [8] p. Printed for John Greensmith, London : 1641. Attributed by Wing to Lenthall. Reproduction of original in Harvard University Library. eng Great Britain -- History -- Charles I, 1625-1649. Great Britain -- Politics and government -- 1625-1649. A47691 R30932 (Wing L1078). civilwar no Mr. Speakers speech before His Majestie, and both the Houses of Parliament, after his returne from Scotland, upon passing the Bill for Tunna Lenthall, William 1641 1396 8 0 0 0 0 0 57 D The rate of 57 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2004-01 TCP Assigned for keying and markup 2004-02 SPi Global Keyed and coded from ProQuest page images 2004-04 Jonathan Blaney Sampled and proofread 2004-04 Jonathan Blaney Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion Mr. Speakers Speech BEFORE HIS MAJESTIE , And both the Houses of Parliament , after his Returne from SCOTLAND , upon passing the Bill for Tunnage and Poundage , on Thursday the 2. of December . Relating the present distempers of England and Ireland . ALSO , The Kings most excellent Majestie's SPEECH To the Honourable House of PARLIAMENT , the same Thursday Decemb. 2. 1641. LONDON , Printed for Iohn Greensmith , 1641. Most Dread Soveraign● , THe observation taken from the unlike Compositions , and various motions of the world , made the Philosopher conclude , Tota hujus mundi concordia ex discordibus constat . The happy conjuncture of both these Nations in the Triumph and Ioy of your Sacred presence , extracted from the different and divided dispositions and opinions , gives us c●use to observe and to admire these blessed effects from such contrary causes . We may without flattery commend your Sacred Majesty , the glorious Instrument of this happy change , whose piety and prudence , directed by the hand of God , hath contracted this union from these various discord . The Story of these times will seeme paradox●● in following generations , when they shall he●re of Peace sprung from the Root of dissention , of union planted upon the Stocke of divisio●s , two Armies in the field both ready to strike the first blow , and both united without a stroke . Nothing can reduce these truths into a beliefe , but the knowledge of your piety and justice , who hath accomplisht these acts of wonder by goodnesse , and gentlenesse , without force and violence . This way of conquest , this bellum in cruentum , hath been the Rule of the most valiant and puissant Monarchs , advancing your glory , in safe guard of one Subject , more in the death of a thousand enemies . Thus have you erected a Monument of glory to your Sacred memory for all generations . And as your care and piety for the welfare of your Northerne Kingdome called you to that worke for the great comfort of your people which your wisnome hath so happily consummated : So now the distemper of your other Kingdome ( Fomented by the same spirits , whose presence admits no peace in Israel ) Calls on your providence to h●ale the diseases of that Nation . The one from whence you returned , hath with Abell ( though the elder brother ) offered an acceptable Sacrifice : The other with Cam hath erected altars of blood and revenge ( the old Jmmolations of ●esuiticall Priesthood ) which invokes the necessity of your Justice . The one to a naturall , hath added a politieke brotherhood . The other of brothers ( J am sorry to say it ) are become strangers . The fidelity of the one hath written a Story of admiration to the world . The disloyaltie of the other hath paralell'd that horrid Designe ( matchlesse before amongst all generations ) First in their intention , the destruction of a Kingdome , even then when Unity and Peace was tying the knot of Religion and safety . In the Discoverie a moment of time prevented the execution . In the actors ( Jesuites and Priests ) without whom the malice of the Devill could not have found a party in the world fitted to act over the like bloudy tragedy . But this amongst our many Joyes we receive by Your happie returne is not the least , nay the greatest , That that providence which protected that gracious King , your most religious Father , from that bloudy Attempt , and increased the blessing of a long and happie Raigne , hath also defended your Sacred throne from all their Machinations . Thus we see Religion is the greatest policie , the never-failing support of King and Kingdome , that which Firmes your and your Posterity to your Throne , and our duty and obedience to it . Give me leave here most gracious Soveraigne , to summe up the sense of eleven Moneths observation without intermission ( scarce ) of a day , nay an houre in that day , to the hazzard of life and fortune , and to reduce all into this Conclusion , The Endeavours of your Commons assembled , guided by Your pious and religious example , is to preserve Religion in its purity without mixture or composition , against these subtile invadors ; and with our lives and fortunes to establish these Thrones to your Sacred person , and those beames of Majestie , your Royall Progeny , against treason and rebellion . The wayes that conduce to this end are the defence of the Land and Sea , for the one , we have already voted to raise monies , for the other , this Bill in some measure will accomplish for a little time , and to that end J by the Command of the Commons ) humbly beseech your Royall assent . His Majesties SPEECH the 2. of December . I Am to speake a word unto you , since J have bin so long absent from you ; It is no way in answer to the Learned Speech of Mr. Speaker : But yet J shall touch one point of it-concerning Ireland ; But first I must tell you , though J have been absent longer then indeed J did expect , or could have bin expected by you , yet J stayed no longer in Scotland then the necessity of those affayres would absolutely permit ▪ and indeed I have therein done so much good , that J will boldly affirme vnto you , that J have left the people a most contented and happy Nation ; That if J did misreckon a little in time J doe not misreckon in the end . Now though J have deceived you a little of your expectation in point of time , J confesse you have deceived my expectation in finding of businesse here ; for J had thought to have found things in quietnesse and settled both for Religion and peace of this Kingdome , but I found distractions , such as J could not expect , Jn so much , as the Parliament was thought fit to be guarded , this I speake not any way to seeke out a fault , or to have any distrust of the hearty affections of my Subjects , but on the contrary when J came here ( as you all see ) J found the affection of my people vnto me , to my great comfort . Now I assure you , J come with the same affection that you or any good people of the world could wish , for I am so farre from disliking any thing that J have done hitherto , that if it were to doe againe ( in the favour and good of my people ) that I protest J would doe it againe . And whatsoever may be justly expected of me for the securing of Religion and Liberty of my people , I shall not faile to doe it , and therefore I shall mention no particular at this time , but onely that great particular of Ireland , which Mr. Speaker did mention , of which I doe not doubt , but you have had a great care , yet me thinkes , things goe on slowly ; and J mention this more reasonably , because a couple of Noble men are come out of Scotland according to the Petition and Jnstructions , which it pleased both Houses to send vnto me at Barwicke , which I instantly dispatched to the Chancelor , who now have the disposing of all things , J spoke to them this morning , and I decreed both Houses to appoynt a select Committee and make an end of that businesse with them . I have but this word more to say , that I assure you , I have no other end but the happinesse of my People , for their flourishing , is my greatest Glory , and their affection , my greatest strength . FINIS . 
A47693	----	Mr. Speakers speech before the King in the Lords House of Parliament July the third 1641 concerning the passing of three bills viz : poll-money, star-chamber and high commission. England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A47693 of text R11632 in the English Short Title Catalog (Wing L1080). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 5 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A47693 Wing L1080 ESTC R11632 13013421 ocm 13013421 96524 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47693) Transcribed from: (Early English Books Online ; image set 96524) Images scanned from microfilm: (Early English books, 1641-1700 ; 259:E198, no 29) Mr. Speakers speech before the King in the Lords House of Parliament July the third 1641 concerning the passing of three bills viz : poll-money, star-chamber and high commission. England and Wales. Parliament. Lenthall, William, 1591-1662. [2], 5 p. [s.n.], London : 1641. Reproduction of original in Thomason Collection, British Library. eng Great Britain -- Politics and government -- 1625-1649. A47693 R11632 (Wing L1080). civilwar no Mr. Speakers speech, before the King, in the Lords House of Parliament. July the third, 1641. Concerning the passing of three bills. Viz. Po Lenthall, William 1641 800 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2002-04 TCP Assigned for keying and markup 2002-04 Apex CoVantage Keyed and coded from ProQuest page images 2002-05 TCP Staff (Oxford) Sampled and proofread 2002-05 Judith Siefring Text and markup reviewed and edited 2002-06 pfs Batch review (QC) and XML conversion Mr. SPEAKERS SPEECH , Before the King , in the Lords House of Parliament . July the third , 1641. Concerning the passing of three Bills . Viz. Poll-money . Star-chamber , and High Commission . Mr. Speaker's SPEECH . THe Government of Common wealth rests in the Rules of order , and hath so much affinity and consent with the Rules of Nature , in the government of the World , that the first copie and mutation of the one may seeme to be taken from the originall and first modell of the other . This contemplation ( most excellent and gracious Sovereigne ) casts our eyes upon your sacred Majesty , as that Celestial Orbe , which never resting without the office of perpetuall motion , to cherish the lower bodies , not enriching it self with any treasures drawn from below , exhales in vapours from the inferiour Elements , what in due season it returns in showres . The application makes us consider our selves , those subluninary creatures which having their essence and being from the influence of those beames ( as the flowers of the field ) open to receive the glory of the Sun . In this relation both contribute to the common good , your sacred Majestie as a Nursing Father designed to bestow on your people , the blessing of peace and unity , and wee as the children of obedience returne our duties and affections in Aids and Tributes . And this compacted in one body by the ligaments of Religion and Laws , hath been the object of admiration to the whole world . Amidst the distraction of forreigne Nations , wee onely have sate under the shadow of our Vines , and dranke the wines of our own Vintage . But your crafty adversaries , perceiving that the fervent profession of your own religion and the firme observation of our Laws , have beene the pillars of our prosperity , By subtile insinuations , pretending a politike necessity to admit of a moderation in our Religion , to comply with forrain Princes , and suggesting it a principall in the rule of Soveraignty , to require and take into , aske and have , that it must postulare by power , not petere by Laws , and keepe this misery of war and calamity , between Nation and Nation , and put us in the posture of gaze to the whole world . But when wee behold your sacred Majesty discended from the Royall loines of that glorious King , which by his wisdome and policie , first ingrafted the white Rose and the Red , upon the same stock , and sheathed the sword that had pierced the bowels of so much Nobilitie , glutted with the bloud of people , and then laid the first hopes of the happy union between the Nations . When our thoughts refresh themselves with that happy memory of that religious King your gracious Father , on whose sacred Temples both diadems were placed , wrethed about with this motto , Faciam eos ingentem unam , we cannot but believe that God and Nature ( by a lineall succession from those Fathers of peace ) hath ordained you that lapis Angularis upon which the whole frame settles , and put into the hands of your sacred Majestie , the possibility and power to firme and stablish this happy union between your Kingdomes , and so raise your memory a Statue of glory and wisdome from generation to generation . In all this length of time , the assurance of this Vnion and peace hath beene the chief object of our desires , Our Purses have beene as open as our hearts , both contributing to this great work manifested by so many Subsidies already presented , sufficient in our first hopes for the full perfection . But finding that faile , have again adventured upon your peoples property , and in an old and absolute way , new burnisht by the hand of instant necessity , expressed to the World the heart of a loyall people , and howsoever guided with a new name of tranquility & peace to your Kingdome , that with more ease the people may disgest the bitternesse of this Pill , yet still our hearts had the same aime and object . A gift sutable to the necessity of such vast extent that time cannot paralell it by any example . And by which , if your sacred Majesty vouchsafe your Royall assent , wee shall not doubt you may soone accomplish those happy effects that may present your wisdome the object of wonder , and your policy to bee admired amongst the Nations . FINIS . 
A47694	----	Mr. Speakers speech in the Lords House of Parliament, June 22, 1641 Lenthall, William, 1591-1662. This text is an enriched version of the TCP digital transcription A47694 of text R20659 in the English Short Title Catalog (Wing L1081). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 4 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A47694 Wing L1081 ESTC R20659 12403731 ocm 12403731 61331 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47694) Transcribed from: (Early English Books Online ; image set 61331) Images scanned from microfilm: (Early English books, 1641-1700 ; 281:10) Mr. Speakers speech in the Lords House of Parliament, June 22, 1641 Lenthall, William, 1591-1662. 3 p. s.n., [London : 1641] Caption title. Attributed to William Lenthall. Cf. BM. Place and date of publication from BM. Reproduction of original in British Library. eng England and Wales. -- Parliament. Great Britain -- Politics and government -- 1625-1649. Great Britain -- History -- Charles I, 1625-1649. A47694 R20659 (Wing L1081). civilwar no Mr. Speakers speech in the Lords House of Parliament, June 22, 1641 Lenthall, William 1641 642 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2004-01 TCP Assigned for keying and markup 2004-01 Aptara Keyed and coded from ProQuest page images 2004-02 Mona Logarbo Sampled and proofread 2004-02 Mona Logarbo Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion Mr. SPEAKERS SPEECH In the LORDS House of Parliament , Iune 22. 1641. THat policy , most gratious and dread Soveraigne , which weighs the Prerogative of the King and property of the Subject in the same Scales , and increases the plenty of the Crowne , and contentment of the people ; the even poising or this Beame enables both , the one being ordained for the preservation of the other . This principle is so riveted into the hearts of your Subjects by the Acts of their Ancestours , & traditions of their fore-fathers , that it hath created a beliefe in them , that their wills are bound to a due allegiance , and their fortunes and estates , as well as their duty and subjection , must bend to the Commands of that Soveraigne power with which God hath invested your sacred Majestie . Compulsary obedience , advanced by the transcendent power of Prerogative ; is too weake to support the right of government : It is the affections & estates of your people , tyed with the threads of obedience , by the rules of Law , that fastens safety and prosperity to the Crowne . The experiment of elder times , in the raignes of the most valiant puissant Princes , hath concluded this the Soveraigne preservative against the diseases of distraction and confusion , and makes it manifest to the world , that the honour and glory of this Throne is to command the hearts of free-men . This admitted , the permission of the least diminution , or any eclipsed interposition betweene the honour and plenty of the Crowne , contracts a Scorne upon the Nation . Severall Parliaments in former times have stampt the Character of a free gift upon the fore-front of this aid , still offered by the people , as a sacrifice of thanksgiving to the Crowne , for the safe conduct of your Merchants , and provision of the Navie , to strengthen your undoubted dominion over the seas , which hath protected your Allyes , and is a terrour to your Enemies . Our hopes were long since to have settled this for the measure and the time , and with this to have presented to your sacred Majestie the triumphant palme of Tranquillity in all your Kingdomes : But , as a ship floating upon a rough Sea , we have been cast upon the Rock of feare and dangers , and tossed on the Billows of distraction and distrust of Church and Common-wealth , where we yet remaine hopelesse ever to passe through that narrow channell which leads to the Haven of Peace , unlesse we be speedily steered on by the hand of your sacred wisdome , care and providence . In the midst of all these troubles , and the severall opinions which have beene amongst us , no division had power to distract any one of us from the care and duty we owe to your sacred Person . And , to that end am I now sent by the Commons of England , to present this as a Marke onely , whereby your sacred Majestie may view the inward duties of our hearts , untill time and opportunity will give leave for a further expression of our duties and affections . The acceptation of this Gift will glad the hearts of your people , and the approbation by the royall assent of this Bill ( being the largest for the measure which was ever given ) will joyne wings to our desires and hopes , which shall never returne without that Olive-leafe , which may declare that the waters are abated , and your sacred Majestie may have full assurance of the faith and loyaltie of your Subjects . FINIS . 
A47696	----	Mr. Speakers speech on Thursday the thirteenth of May 1641 as it was delivered to the Kings Majesty before the Lords in Parliament at the presenting of these three bills, viz : an act for the shortning of Michaelmas term, for the pressing of marriners for the kings ships, for the remainder of the six entire subsidies. Lenthall, William, 1591-1662. This text is an enriched version of the TCP digital transcription A47696 of text R7523 in the English Short Title Catalog (Wing L1084). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A47696 Wing L1084 ESTC R7523 12989480 ocm 12989480 96312 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47696) Transcribed from: (Early English Books Online ; image set 96312) Images scanned from microfilm: (Early English books, 1641-1700 ; 259:E198, no 12) Mr. Speakers speech on Thursday the thirteenth of May 1641 as it was delivered to the Kings Majesty before the Lords in Parliament at the presenting of these three bills, viz : an act for the shortning of Michaelmas term, for the pressing of marriners for the kings ships, for the remainder of the six entire subsidies. Lenthall, William, 1591-1662. [2], 4 p. Printed for Francis Constable, London : 1641. Reproduction of original in Thomason Collection, British Library. eng Great Britain -- History -- Charles I, 1625-1649. A47696 R7523 (Wing L1084). civilwar no Mr. Speakers speech on Thursday, the thirteenth of May, 1641. as it was delivered to the Kings Majesty, before the Lords in Parliament. At t Lenthall, William 1641 507 2 0 0 0 0 0 39 D The rate of 39 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2004-01 TCP Assigned for keying and markup 2004-01 Aptara Keyed and coded from ProQuest page images 2004-02 Mona Logarbo Sampled and proofread 2004-02 Mona Logarbo Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion MR. SPEAKERS SPEECH On Thursday , the thirteenth of May , 1641. as it was delivered to the Kings Majesty , before the Lords in Parliament . At the presenting of these three BILLS , viz. An Act For the shortning of Michaelmas Term . For the pressing of Marriners for the Kings Ships . For the remainder of the six entire Subsidies . LONDON , 〈…〉 Anno 1641. Mr. SPEAKERS SPEECH On Thursday , the thirteenth of May , 1641. as it was delivered to the Kings Majestie , before the Lords in Parliament . May it please your most excellent Majestie , THe great security of the Kingdome , rests in the happy concurrence of the King and people , in the unity of their hearts . These joyned , safety and plenty attends the Scepter ; but divided , distraction and confusion , as Bryers and Thornes over-spreads , and makes the la●d barren . No peace to the King , No prosperity to the people . The duties and affections of your subjects are most transparant , most cleere in the cheerfull , and most liberall contributions , given to knit fast this union with the bond of peace . The Treasures of the privie purse , are but the supplies of Fancies , warranted by a common Interest ; But the publick Tribute given by common assent , supports Royall Dignitie , is sheltered under the wings of Prerogative , and by that power covered from the eyes , from the touch of deceivers . In these wee render Caesar , what is due to Caesar , and Tribute to whom Tribute belongeth . The proper inscription of the Crown , is borne here , and censures those malignant spirits that dare whisper , ( nay ) into the eares of sacred Majestie , that our selves only , not your sacred person , not your Royall posterity , are the supreame objects of the givers . The preservation of the publick union , the supply of your Armies , the distresses , miserable distresses of the Northern parts , the common Calamities of the times , begat the consideration of this Bill , ( the remainder of the six entire Subsidies , happily presented to your sacred Majestie , by this unworthy hand ) the first vote advanced a credit to us , to issue them for the use of your sacred Majestie . The full perfection addes growth to that credit , and enables us to return to your sacred Majestie , as to the Ocean , the Tribute due to Iustice and Soveraignty . These are the vast earnests of our desires , which take their rise from the due regard , from the safety of your Throne , of your posterity . Your Royall assent stamps your Image heere , and makes this yours , and yours only , which I by the commands of the Commons humbly beseech of your sacred Majestie . FINIS . 
A47698	----	The trve coppy of a letter sent by Mr. Speaker to the sheriffes of several counties namely, Worcester, Cambridge, Huntington, Lecester, North-hampton, Warwick, and Rutland, which have not as yet paid in the poll-money : with the copy of an order sent from the Lords and Commons now assembled in Parliament to these severall counties before-named, for the speedy transportation of that money to York for disbanding of His Majesties army, and they that are found faulty, shall incurre both the ill-opinion and severe punishment of both Houses of Parliament, August 24, 1641. Lenthall, William, 1591-1662. This text is an enriched version of the TCP digital transcription A47698 of text R20478 in the English Short Title Catalog (Wing L1091). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 6 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A47698 Wing L1091 ESTC R20478 12610099 ocm 12610099 64329 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47698) Transcribed from: (Early English Books Online ; image set 64329) Images scanned from microfilm: (Early English books, 1641-1700 ; 963:11) The trve coppy of a letter sent by Mr. Speaker to the sheriffes of several counties namely, Worcester, Cambridge, Huntington, Lecester, North-hampton, Warwick, and Rutland, which have not as yet paid in the poll-money : with the copy of an order sent from the Lords and Commons now assembled in Parliament to these severall counties before-named, for the speedy transportation of that money to York for disbanding of His Majesties army, and they that are found faulty, shall incurre both the ill-opinion and severe punishment of both Houses of Parliament, August 24, 1641. Lenthall, William, 1591-1662. England and Wales. Parliament. [2], 5 p. Printed for Iohn Thomas, [London : 1641] Reproduction of original in Cambridge University Library. eng Poll tax -- Great Britain. Great Britain -- History -- Charles I, 1625-1649 -- Pamphlets. A47698 R20478 (Wing L1091). civilwar no The true coppy of a letter sent by Mr Speaker to the sheriffes of several counties. Namely: Worcester, Cambridge, Huntington, Lecester, Nort Lenthall, William 1641 992 6 0 0 0 0 0 60 D The rate of 60 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2004-01 TCP Assigned for keying and markup 2004-02 SPi Global Keyed and coded from ProQuest page images 2004-03 Mona Logarbo Sampled and proofread 2004-03 Mona Logarbo Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion THE TRVE COPPY OF A LETTER SENT BY Mr SPEAKER To the Sheriffes of severall Counties . NAMELY : Worcester , Cambridge , Huntington , Lecester , North-hampton , Warwick , AND Rutland . Which have not as yet paid in the Poll-Money . With the Copy of an Order sent from the LORDS and COMMONS now assembled in PARLIAMENT to these severall Counties before-named , for the speedy transportation of that Money to York for disbanding of his Majesties Army . And they that are found faulty , shall incurre both the ill-opinion and severe punishment of both Houses of Parliament . August 24. 1641. Printed for Iohn Thomas , MDCXLI . A LETTER SENT FROM Msr SPEAKER TO THE SHERIFFES OF SEVERALL COUNTIES , By the Command of the HOUSE of COMMONS . THe House of Commons did hope that in so great a time , and so visible a Necessity of present money , no private person , much lesse any publique Officers , would have bin so slow , in contributing their assistance to the Poll-money , but by the not comming in of this , from the slow and slender comming of it , from others ; together with more particular Informations ; Wee are forced to beleeve , that both Payers , Assesso●●● , Collectors , and Returners , are in fault concerning it . I am therefore comm●nded , to let you know from the House , that as you tender your own , or the publique good , you make all possible haste in returning such moneyes as you have ready , and that you make knowne to the Commissioners , that ( if wee be not by them prevented ) the House intends to make a Revenue of the Assesments , to the end , that wherein the Assessors either through partiality ; should be found either to have left any uncharged , whom the Act chargeth , or to have charged any lower then they are charged by the Act : those that should be found faulty , may incurre both the ill opinion , and severe punishment of Parliament , as Contemners of the greatest Authority , in a time of greatest necessity ; and by that Contempt , being causes of the Armyes lesse speedy disbanding , to the danger as well as the unsupportable , and unnecessary Expence of this Kingdome . AUGUST the 24. 1641. August the 24. 164● . AN ORDER OF The Lords and Commons in Parliament , concerning the more speedy Transportation of the Poll-money to Yorke , for disbanding of His Majesties Army . WHEREAS it is enacted , that the Sheriffes of the Counties , and Cities hereafter named , shall amongst others , pay such summes of Money , as they shall receive for Poll-money , to the Treasurer , in the Act named in the Chamberlaines Office , within the City of London . Now forasmuch , as their long delay , and slow payment is very burthensome and dangerous to the Kingdome ; because the Kings Army in the North , by this meanes remaines undisbanded , to the insupportable charge of the Common-wealth . For the more speedy reliefe of the Kingdome , the LORDS and COMMONS in this Parliament assembled , doe hereby order and ordaine , that the severall Sheriffes of VVorcester , Cambridge , Huntington , Liecester , North-hampton , Rutland , VVarwicke , and of the Cities that are Counties within those Countries , and every of them respectively : shall forthwith upon notice of this Order , send such Moneyes now in their hands , or shall come to his hand , or any of their hands respectively , or to the hands of his under Sheriffe or Deputy , or to the hands of any of their under Sheriffes , or Deputies , respectively under a sufficient Guard and Convoy to the City of Yorke , to pay the same to Sir VVilliam Vindall , Knight , Treasurer of his Majesties Army , now thee residing , taking his Acquittance for the same : which Acquittance the said severall Sheriffes respectively shall send to the Chamber of London ; and that the said Treasurer in the Act named , shall accept of the same , as if so much Money were paid in the specie , and shall deliver an Acquittance or Acquittances for the same , which shall be as sufficient a discharge to the said severall Sheriffes , as if the Money had bin paid there . And the said Treasurer of the Army , is hereby required , that he shall as speedily as he may , after the receit of any such summes from any of the Sheriffes afore-mentioned , send up to the said Treasurer of the Chamberlain of London , present and distinct Certificates of the same . 〈◊〉 is further ordered , that the severall Sheriffes of the Counties through which these Moneyes doe passe , shall provide a sufficient Convoy to guard the same through the severall Counties : and that the Sheriffes under whose charge the money is , shal have allowan●e for Transportat●on the●eof in their severall Accounts . Lastly , it is ordered , that a strict Account be taken of the proceedings of the severall Sheriffes ; As also , the Treasurer of his Majesties Army , and of the Treasurer appointed by the Act , and of their obedience , and conformity to this Order : and if any shall faile therein , it shall be interpreted as a great neglect of the safety of the Kingdome , and contempt of both Houses of Parliament ; for which they shall be called to answer , and make satisfaction aswell for their offence , as for such dammage as the Common-wealth hath under-gone by their default . FINIS . 
A47699	----	A true narrative of the particular profits and gaines made by me William Lenthall from 1648 during the time I was speaker. Lenthall, William, 1591-1662. This text is an enriched version of the TCP digital transcription A47699 of text R37964 in the English Short Title Catalog (Wing L1093). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 7 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A47699 Wing L1093 ESTC R37964 17156490 ocm 17156490 105990 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47699) Transcribed from: (Early English Books Online ; image set 105990) Images scanned from microfilm: (Early English books, 1641-1700 ; 1618:11) A true narrative of the particular profits and gaines made by me William Lenthall from 1648 during the time I was speaker. Lenthall, William, 1591-1662. 7 p. [s.n.], London printed : 1660. Reproduction of original in the Union Theological Seminary Library, New York. eng Lenthall, William, 1591-1662. England and Wales. -- Parliament -- History. Great Britain -- History -- Commonwealth and Protectorate, 1649-1660. A47699 R37964 (Wing L1093). civilwar no A true narrative of the particular profits and gaines made by me William Lenthall, from 1648. during the time I was Speaker. Lenthall, William 1660 1300 1 0 0 0 0 0 8 B The rate of 8 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2004-01 TCP Assigned for keying and markup 2004-02 Apex CoVantage Keyed and coded from ProQuest page images 2004-03 Mona Logarbo Sampled and proofread 2004-03 Mona Logarbo Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion A TRUE NARRATIVE Of the Particular PROFITS and GAINES Made by ME WILLIAM LENTHALL , From 164● during the time I was SPEAKER . London , Printed in the Year 1660. HAving seen a Letter , which I may judge comes from a friend , it reciting the truth of what Losses I have sustain'd , as well as the Profits I have made : And perceiving 't is more necessary at this time to shew the truth of what I have gain'd since I was Speaker , to undeceive the many that believe , and relate the contrary ; and which I may hope will in some measure plead my Vindication , that the Errours I have fallen into were not willingly , but accidentally committed . When I was first call'd to be Speaker of the House of Commons , I think 't is known to most that I had a plentiful fortune in Land , and ready money too , a good summe ; and that if I had continued my way of practise , I might as well have doubled my fortune as got what I did , because the Estate I had then gain'd , was the profits of my beginnings , and having lost now twenty yeares of the best part of my life , and the greatest of my advantages , it will appear I have been a greater loser then an improver of my fortunes , by those publick places , I have with so much hazard and danger under-gone . I received by the last yeares of my practice , five and twenty hundred pounds by the year , which I quitted when I was made Speaker ; and instead of making any advantage by that , I added a great charge , keeping a great Retinue and publick Table for two yeares , which his Majesty taking notice of , gave me six thousand pound , of which to this day I have not received above the one half . Immediately after the Office of Master of the Rolls falling by the death of Sir Charles Caesar , I was admitted Master of the Rolls : but if any one will look back they will find I could not , as well as I have not made the benefit of that imployment as others my Predecessors had done ; not onely by reason of the distractions that then were , but also by reason that the Court of Wards was thought to be taken away , which yielded a yearly profit to that Office of at least eight hundred pounds : also the Bishops either for their Creation , Translation or Restitution to their Temporalties , paying a fee of a hundred pounds , which one year with another made five hundred pound profit . Then there was taken away from me the Fines on Original Writs , which in truth was all that was left of advantage to the Office ; and by the losse of these fees upon the Wardships , Bishops and Fines on Originalls , there was two and twenty hundred pounds yearly taken from the profits of the Place . But that which makes the greatest noise , and reflects on me to my greatest prejudice , is the Gaines I should make by being Speaker ; when there is due onely to the Speaker five pound per diem , as a standing fee , and five pound on every private Bill ; 't is true both Houses were pleas'd to adde five pound upon the Composition of Delinquents . As for the five pound a day , from my first sitting to my last I never receiv'd one farthing of it : As for private Bills their profit was very inconsiderable , and so it will appear , is that of the five pound upon Pardons , I having not made by both of them two and twenty hundred and twenty pounds : and this will most evidently appear , because I am check'd by the Journall Books of the House , where every private Bill is enter'd , and so was every Pardon ; as also by the Serjeant that attends the House , and the Clarks , they having a fee also where I have one , and receiving what I had from their hands ; and certainly if my gaines should be so great , theirs could could not have been so mean , especially the Clarks , who have a profit out of Orders , which the Speaker has not ; and yet there was one of them that served in the time of my greatest Gaines , and as able a Person as has executed that Imployment , whose Condition was such , that the Charity of his friends contributed to the expences of his Funerall . Other places I executed for some short time , but I think rather from necessity than choice , for there was no one would undertake the execution of them without some other recompence than their fees : As I was one of the Commissioners of the Great Seal , which how unwillingly I received , will appear by my sudden putting of it off , and where none has since executed it without a Salary . I was also Chancellor of the Dutchy , but had onely my labour for my pains , and as soon discharged my self of it . I never had any recompence from the House in money , land , or by other reward , and from 1648. to the last time that I sate , I never received any profit by Fee or otherwise from them . And , because the truth may fully appear , and I may apply a cure to those wounds uncertain Relation hath given me , I will here following set forth to the view of all , what my Estate is both Real and Personal . In Real Estate I have not above Eight hundred pounds by the year , on the Rack rent to my use . The residue of my Estate I formerly setled on my Son in marriage , and is in his possession , and on the Racke rent is not above Eight hundred pounds per annum . This all my Real Estate . My Personal Estate in Money , Jewels , Plate , Houshold-furniture and Debts , is not above two thousand pounds , and of this I owe Eight hundred pounds . There is a Widow , one Mrs. Staveley , that divers years since made use of my name in putting out Four hundred pound upon the security of the Excize , but she constantly receives the Proceed thereof , and the Money is her own . This is a true and impartial particular of my Estate Real and Personal , and whatsoever I have besides , or any one to my use , or in trust for me , I freely relinquish , renounce and disclaim , and shall willingly part with it , and confirm it to any who shall discover it . I shall onely adde for the satisfaction of those who may doubt the truth hereof , that I never lent nor put out any money , nor any one for me in my name or in trust for me , or to my use , upon Interest , or upon Morgages of Lands , or any Security whatsoever , whereby or whereupon I might , did , or could receive any Interest or recompence for my Money . And I am ready to attest the truth of this upon my Oath . Iune 25. 1660. FINIS . 
A47700	----	Two letters of note the one master speakers letter ordered by the honorable House of Commons to the high sheriffe and gentry of Yorke-shire : the other from the lords of the counsell in Ireland to the high court of Parliament here in England, &c. Lenthall, William, 1591-1662. This text is an enriched version of the TCP digital transcription A47700 of text R20693 in the English Short Title Catalog (Wing L1094). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 9 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A47700 Wing L1094 ESTC R20693 12680032 ocm 12680032 65625 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47700) Transcribed from: (Early English Books Online ; image set 65625) Images scanned from microfilm: (Early English books, 1641-1700 ; 250:E140, no 11) Two letters of note the one master speakers letter ordered by the honorable House of Commons to the high sheriffe and gentry of Yorke-shire : the other from the lords of the counsell in Ireland to the high court of Parliament here in England, &c. Lenthall, William, 1591-1662. Ireland. Lords Justices and Council. 8 p. Printed for E. Coules, London : 1641 [i.e. 1642] First letter dated at end: 16 Martii, 1641. Attributed to William Lenthall. Cf. NUC pre-1956. Year of publication from Thomason Coll. Reproduction of original in Thomason Collection, British Library. eng England and Wales. -- Parliament. Great Britain -- History -- Charles I, 1625-1649. Ireland -- History -- Rebellion of 1641. A47700 R20693 (Wing L1094). civilwar no Two letters of note, the one Master Speakers letter, ordered by the honorable House of Commons, to the High Sheriffe, and gentry of Yorke-sh Lenthall, William 1642 1459 4 0 0 0 0 0 27 C The rate of 27 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2004-01 TCP Assigned for keying and markup 2004-01 Aptara Keyed and coded from ProQuest page images 2004-02 Judith Siefring Sampled and proofread 2004-02 Judith Siefring Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion TWO LETTERS OF NOTE , The one Master Speakers Letter , Ordered by the Honorable House of Commons , to the high Sheriffe , and Gentry of Yorke-Shire , The Other From the Lords of the Counsell in Ireland , to the High Court of Parliament here in England , &c. The Names of the Lords . Corke . Loftus . Ormond . Ridgway . Kildare . Munster . Carey . Courtney , &c. H. Elsings Cler. Par. D. Com. London Printed for F. Coules 1641. Master Speakers Letter . SIR , THe House hath received information by Letters from your selfe , that the malice of some hath proceeded so far of late , as to endevour first , to perswade your Countrey , that the Petition to the Parliament were ill rellished by this House . And that your free offers therein of putting your selves into a posture of defence , hath given such testimony of our abilities , that it hath utterly taken away the hopes of paying your Billet mony , till the Parliament knowes not how else to dispose of it . Secondly , to cry down Exercises ( which have already done much good ) and to draw off some Ministers by perswading them that they are not acceptable to this House . Thirdly , that some in Holdernesse have disswaded the Trained Bands from going unto Hull upon the Parliament Order . Which information of yours , the House takes for an especiall service , and for so full a testimony of your fidelity to the Parliament , and of love to your Country , as they hold it an evident Character of your worth , and for this commands me to give you very hearty thanks , And to desire you in the name of the house to declare to the Country , how false and malicious these reports are : since the House was so far from disrellishing their Petitions , or turning their free offer to their disadvantage , as that they returned their publike thanks when the petition was receaved : passed a Vote to approve of their offer & since by another Vote justified them in the same act upon his Majesties taking notice thereof . And have since ordered that the same Counties which paid their Polemony heretofore at Yorke , shall now pay all their proportions of the bill of foure hundred thousand pounds shortly to be raised to the discharge of the Billet mony in your County and those other Counties where it is owing , which if it shall not fully satisfie , they will discharge as soone as the great necessities of the Kingdome can possibly permit . And likewise they command me to let you know that they doe very much wonder at the impiety and impudence of those men who dare to hinder the advancement of the glory of God , and of his worship . And also to scandalize the piety of this house in so high a measure , as to say those good Ministers endeavours are not acceptable to it , they accounting it their greatest honour to patronize painfull Preachers in the performance of their duties . And being resolved to cherish and advance with their utmost power , whatsoever may tend to the propagating of Religion of which they hold those exercises to be an especiall means . This house therefore being very sensible of the great inconveniences which may happen by their misreports in these distracted times , and from the malice of these men , if it should proceed uncontrolled desires , & enjoyns you to return the names aswell of those who have vented these untruths , as likewise of those who have disswaded the Trained Bands in Holdernesse , from entring into Hull upon the Parliaments Order : Perswading themselves that you who have already given such proofe of your affection to the Kingdome , will still continue it by your endeavours , to prevent the practises of any ill-affected persons upon any of that County , to the disturbance of the peace . Die Mercurii 16. Martii , 1641. It is this day ordered by the House of Commons now assembled in Parliament , that this Letter be forthwith printed . H. Elsyngs Cler. Parl. D. Com. A LETTER FROM THE LORDS OF THE COVNCELL IN IRELAND to the High Court of Parliament here in England assembled , &c. Right Honorable , THe present distractions and troubles raised in this Kingdome by the Rebellion of the Catholique partie still increasing more dangerous and perillous to this Kingdome , inforced us again to apply our addresses to the High Court of Parliament for speedy prevention of the same , with great joy and thankfulness , acknowledging the vigilant care and painfull endeavours of the same hitherto , to relieve us in our present troubles . That your Lordships have manifestly shewed your Noble and affectionate desires to preserve and defend this Kingdom from utter ruine and desolation , by your willing and cheerfull concurrence , with the Honorable House of Commons , in all their proceedings for our assistance : and removing the obstructions and hinderances that have been procured in expediting the same by evill and malignant instruments , the Prelaticall faction , in taking away their Votes , and sitting in Parliament , which hitherto we conceive have been much prejudiciall , and of great disadvantage to our timely assistance . The Noble Courage and Magnanimity of the Parliament , in wading thorow all troubles and distemper of State , hath infused into our drooping spirits life and vigour , which were ready to faint with despaire , but holden up with confident assurance of your tender 〈◊〉 and indulgent affections towards us in our miseries , we received strength and courage , not doubting but at length through Gods mercy , and your provident wisdoms we should have reliefe and remedy against our Enemies . We now humbly inform your Lordships of the present Condition now standing , viz. the County of Cork is wholly subdued by the Rebels , L●mster , Munster , and Vlster , even at the last gasp of yeelding up themselves . The Earle of Corke hath lost all his Lands and meanes , and this Kingdome in apparent hazard of utter confusion and ruine , unlesse your Wisdomes prevent it in time by a speedy supply of more men , money , and munition . The Rebells are growne to that height of impudency and boldnesse , that they give forth in their Declarations , they fight in defence of the honour and prerogatives of their King and Queene . And we are credibly given to understand , they have presumed to send a Letter to his Majesty , intimating they take Armes only for the preservation of his Majesty , and his rightfull government over them , his Queene and posterity , the defence of their Religion , Lawes , and Liberties , in the exercise of the same . That they take not Armes , as did the Scots , for lucre of gaine , to raise their own fortunes by the ruin of others , but only out of Conscience and duty to God , and his Majesty ; which by their inhumane and savage behaviours since their Rebellion , have manifested to the Contrary . We rejoyce with great thankfulnesse , that the Wisdome and care of your Lordships , and the House of Commons , have provided and sent over for our 〈…〉 assistance , such worthy and valiant Commanders , 〈◊〉 whose prowesse and magnanimity , many great overthrowes and victorious exployts have been atchi●●●● against the Rebells in divers places of this Kingdome to the great refreshing and encouragement of the 〈…〉 sed Protestants . Our further desires therefore are that the High Court of Parliament would be pleased to proceed in expediting that effectuall Remedy , to reduce this Kingdome to due obedience to the Crowne of England , and the Lawes and Ordinances of the States of both Kingdoms , their Designe in agitation upon the Propositions propounded by the House of Commons , for the speedy raising of money for that purpose , of such persons willing to be purchasers , by their monies and persons , of the Lands won and obtained by the Rebells , and our endeavours shall not be wanting to comply with them in the same to the losse of our lives and fortunes . From his Majesties Castle of Dublin , March . 10. 1641. FINIS . 
A48147	----	A letter sent to the Right Honourable William Lenthal Esq., speaker of the Parliament of the commonwealth of England concerning the securing of Windsor Castle for the Parliament and a declaration of the officers and souldiers of the Regiment of Foot belonging to the Tower of London, December 24, 1659 : read in Parliament, December the 28, 1659. This text is an enriched version of the TCP digital transcription A48147 of text R11452 in the English Short Title Catalog (Wing L1624). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 6 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A48147 Wing L1624 ESTC R11452 12387128 ocm 12387128 60884 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A48147) Transcribed from: (Early English Books Online ; image set 60884) Images scanned from microfilm: (Early English books, 1641-1700 ; 766:9) A letter sent to the Right Honourable William Lenthal Esq., speaker of the Parliament of the commonwealth of England concerning the securing of Windsor Castle for the Parliament and a declaration of the officers and souldiers of the Regiment of Foot belonging to the Tower of London, December 24, 1659 : read in Parliament, December the 28, 1659. Butler, John, 17th cent. Miller, John, 17th cent. Lenthall, William, 1591-1662. 7 p. Printed by John Streater, London : 1659. Letter signed (p. 5) by Jo. Butler and 4 others; the declaration signed (p. 7) by Jo. Miller and 16 others. Reproduction of original in Huntington Library. eng Great Britain -- History -- Commonwealth and Protectorate, 1649-1660. A48147 R11452 (Wing L1624). civilwar no A letter sent to the Right Honourable, William Lenthal Esq; speaker of the Parliament of the commonwealth of England; concerning the securin [no entry] 1659 910 3 0 0 0 0 0 33 C The rate of 33 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2004-01 TCP Assigned for keying and markup 2004-02 SPi Global Keyed and coded from ProQuest page images 2004-03 Mona Logarbo Sampled and proofread 2004-03 Mona Logarbo Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion A LETTER SENT To the Right Honourable , WILLIAM LENTHAL Esq Speaker of the Parliament of the Commonwealth of England ; Concerning the Securing of Windsor Castle for the Parliament And a Declaration of the Officers and Souldiers of the Regiment of Foot belonging to the Tower of London , December 24. 1659. Read in Parliament , December the 28. 1659. LONDON , Printed by Iohn Streater , 1659. A Letter , sent to the Right Honourable William Lenthal , Esq , Speaker of the Parliament of the Common-Wealth of England ; Concerning the securing of Windsor Castle for the Parliament . Read in Parliament , Decemb. 28. Right Honourable , YOur Commissioners for the Command of the Army , having from Portsmouth Ordered us to march unto Major Breman with such Forces as we could raise , for the restoring the Parliament whilest we were at Henley , and had sent to find out Major Breman that we might adde to his number what we could ; upon Intelligence that the Forces with him were marched towards London , we resolved to march nearer London , in order to a conjunction with him as soon as we had particular Notice of the place of his Rendezvouz nearer London : and in our march being informed from undoubted hands , that some of Colonel Hewson's Regiment of Foot were designed for Windsor-Castle , to keep the same against the Parliament ; and being also assured , That Colonel Whichcott the present Governour , had not onely joyned with those that put the late Treacherous Force upon your Honour , but also had endeavoured to raise Forces in this County against the Parliament , and offered Commissions to that purpose unto severall Persons : And upon further Intelligence , that the Cavaleers had some Design upon the place , in order to a Conjunction with some of their Adherents in London , and knowing their Guards to be very Weak and insufficient for a place of so great Consequence , We thought it our Duty , in order to the Parliaments Service , to secure this Castle with the Forces now with Us , and did Summon the same accordingly : and as we were upon our March thither within two miles of this Place , we received further Orders from the said Commissioners , to march with our Forces unto this Place , and to remain here untill further Orders : and looking upon this as an Act of Divine Providence concurring with our Intentions , We immediately sent two of our number to perswade Colonel Whichcott to admit our Horse into this Castle ; who submitted to our demand ; and thereupon we thought necessary to draw together the Souldiers under his Com● and whilest our Horse were in the Castle , and to inform t●●m of the vilenesse of their defection from the Parliament , and assisting those that had betrayed the Trust reposed in them , and that we hoped they had done it through Ignorance , being mis-led by their Officers ; and therefore we presumed to assure all the Souldiers of Indempnity : if they should return to their due Obedience to Your Honours , and their faithfulnesse to the Cause engaged in , and should sign the Engagement of those Horse under Major Breman ( which we read unto them ) ; and thereupon they unanimously declared , That their Hands and Hearts should be unto that Engagement . Yet we have thought it our Duty to place Guards in the Castle with some of the Horse with us , and to give an Account of what we have done , to your Honour , and to expect the Parliaments Pleasure therein ; We have no more but our most humble Congratulation of the Parliaments happy Return to the Exercise of their Trust , and with our hearty Prayers to God to direct your Great Councells , We remain , Right Honourable , Your most humble faithful and obedient Servants , Jo. Butler . Rob. Huntington , Joh. Wildman . John Brown . John Phelps . Windsor-Castle , 27. Decemb. 1659. A Declaration of the Officers and Souldiers of the Regiment of Foot belonging to the Tower of London , Decemb. the 24. 1659. WEE being fully convinced , that it is our Duties to return to our obedience to the Parliament , from whom We have received our Commissions , after a late unhappy defection from Them ; Doe hereby Declare our Resolution ( through Gods Grace ) to be true and faithfull to Them as our Superiours ; and to stand by Them , with the hazard of our Lives and Fortunes , against all opposition which may be made against Them ; and shall not suffer our Selves to be drawn hereafter from our Duty and obedience to Them . As an Evidence of our reall Intentions , We have this Day delivered up the Possession of the Tower , to the Honourable Speaker of Parliament , and other Worthy Persons on the behalf of the Parliament . Io. Miller Nich. Cordy Iohn Iennings Henry Sharp Will . Foster Abraham Spooner Robert Acres Will . Risse William Starlin ▪ Phil. Brown Isaack Dreyme Henry Beale Nath. London Will. Haukins Iohn Ryves Peter Sene Simon Knight . Read in Parliament , Decemb. 28. 1659. FINIS . 
A49847	----	A letter to the Right Honourable William Lenthall, Esq., Speaker of the Parliament of England giving a true relation of a late great victory obtained by the Parliaments forces against the Scots neere Dundee, the taking the old Generall Lesley, Lord Chancellour Louden, Lord Crauford Linsey, Lord Ogleby, and 300 more, whereof divers of quality : as also A true relation (with the particulars) of a great victory by our forces neer Worcester against the King of Scots army, 5000 of the enemy kild and taken, and the taking of the royall fort in Worcester. T. L. This text is an enriched version of the TCP digital transcription A49847 of text R157 in the English Short Title Catalog (Wing L76). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 7 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A49847 Wing L76 ESTC R157 12877311 ocm 12877311 94876 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A49847) Transcribed from: (Early English Books Online ; image set 94876) Images scanned from microfilm: (Early English books, 1641-1700 ; 718:14) A letter to the Right Honourable William Lenthall, Esq., Speaker of the Parliament of England giving a true relation of a late great victory obtained by the Parliaments forces against the Scots neere Dundee, the taking the old Generall Lesley, Lord Chancellour Louden, Lord Crauford Linsey, Lord Ogleby, and 300 more, whereof divers of quality : as also A true relation (with the particulars) of a great victory by our forces neer Worcester against the King of Scots army, 5000 of the enemy kild and taken, and the taking of the royall fort in Worcester. T. L. Stapylton, Robert, 17th cent. Lenthall, William, 1591-1662. 7 p. Printed by Francis Leach, London : 1651. "Letter" signed: T.L. "A true relation" signed: Robert Staplyton. Reproduction of original in Huntington Library. eng Great Britain -- History -- Commonwealth and Protectorate, 1649-1660. A49847 R157 (Wing L76). civilwar no A letter to the Right Honourable William Lenthall, Esq. Speaker of the Parliament of England. Giving a true relation of a late great victory T. L 1651 1256 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2003-08 TCP Assigned for keying and markup 2003-09 SPi Global Keyed and coded from ProQuest page images 2004-09 Olivia Bottum Sampled and proofread 2004-09 Olivia Bottum Text and markup reviewed and edited 2004-10 pfs Batch review (QC) and XML conversion A LETTER To the Right Honourable WILLIAM LENTHALL , Esq. Speaker of the PARLIAMENT of ENGLAND . Giving a true Relation of a late great Victory obtained by the Parliaments Forces against the Scots neere Dundee . The taking the old Generall Lesley , Lord Chancellour Louden , Lord Crauford Linsey , Lord Ogleby , and 300 more , wherof divers of quality . AS ALSO , A true Relation ( with the particulars ) of a great Victory by our Forces neer Worcester , against the King of Scots Army , 5000. of the Enemy kild and taken , and the taking of the Royall Fort in WORCESTER . Printed and Published by Authority . LONDON , Printed by Francis Leach . 1651. A LETTER For the Right Honorable VVilliam Lenthall , Esq Speaker of the PARLIAMENT of ENGLAND . SIR , I Could not choose but acquaint you with the blessing of God upon our proceedings here in Scotland : since Sterling Castle was taken in , Lieut. Gen. Monk is marched to Dundee for the reducing of that place , who when he had planted himself conveniently before the town , summoned it ; the enemy in answer to his summons sent him a Proclamation from their King to this effect , That whosoever among them would lay down their arms and come into them should have mercy : this impudence of theirs was occasioned by the promise of old Lesley Earl Leven , with divers other Lords and Ministers Commissioned from their King to raise forces , whereby he would relieve the town ; private intelligence being given of their place of rendezvouz about 7 miles from Dundee , Col. Allured with his Regiment of Horse , and two Troops of Dragoons on Thursday the 28 of August , 1651. surprised old Lesley E. Levin , Lord Chancellor Loudoun , Lord Crawford Linsey , Lord Ogleby , 6 or 7 of their principal Ministers , with three hundred more , whereof divers of Quality and Eminency . By which mercy you will I am confident have a good account of Dundee speedily , which is a rich town , and hath in the Harbor forty or fifty Sayl of Ships . These and other late Successes I hope will extort thankfulness from us to the God of our mercy and consolation ; which is all at present from Your most humble Servant , T. L. Leith Aug. 30. 1651 A true Relation , with the particulars of a great Victory by our Forces near Worcester , against the King of Scots Army , &c. SIR , THis day hath been a very glorious day , this day twelve-moneth was glorious at Dunbar , this day hath been glorious before Worcester , the word then was the Lord of Hosts and so it was now , and indeed the Lord of Hosts was wonderfully with us , the same signal we had now as then , which was to have no white about us , and indeed the Lord hath cloathed us with white garments , though to the enemy they have been bloody : only this hath been the difference , that at Dunbar our work was at break of day , and done ere the morning was over , but now it was towards the shutting of the evening , and not past till the night came so on us that we could not see far before us ; that was the beginning of their fall before the appearance of the Lord Jesus , this seems to be the setting of the yong Kings glory . In the morning Lieut. Gen. Fleetwood had order to advance with his brigade on the other side Severn , & all things being prepared for the making of a bridg , & having cleared our passages with a forlorne , we laid a bridg over severn in that place where the river Team runs into it , so that by that means we had an advantage to lay another bridg over the river Team which accordingly was done , our foot disputed the hedges with much courage and resolution , the fight began on the other side of Severn , and our Foot from this side began it , they clearing the way for the rest to come over after them , the right Wing of Lieut. Generall Fleetwoods Forces came over the bridg that was made over Team , while the left Wing disputed the bridge at Poyke a quarter of a mile beyond the River , which dispute lasted a long time , and was very hot , but the Lord gave our men to gaine ground of the Enemy , till we had beaten them out of the ground , the charges was very hot for a while , but the Lord owned us in this Contest , and the Enemy fled before us ; while this was doing , the enemy rallying made a very bold sally out on this side of the Towne , and came with great bodies of horse and foot , supposing most of our Army had been drawne out on the other side , they gave our men a very hot salute , and put them to a little retreat , and disorder ; but in a short while the Lord gave us victory on this side also , our foot did very noble and gallant service , and they disputed with them not onely the hedges , but followed them boldly to the very mouth of their Cannon which was planted on their Mountaine works , at length we gained their works , ( and planted their great Guns against them in the Town ) and we heare that some of our horse and foot are in the North and East end of the Towne ; the night came on so fast that he could not pursue further ; most of their horse are escaped , but my Lord General hath dispatched Major General Harrisons Brigade after them , to follow them which way soever they are gone ; we cannot yet give an account who are taken or slaine , but we conceive the number of their slain farre exceeds the number of the prisoners ( but I guesse the number of the kild and taken to be about 5000 ) to morrow we shall be able to give you a fuller relation , the Lord hath done great things for England . Our Quartermaster General , and Cap. Iones are slaine , and Mr. Howard Captaine of the Life-guard is wounded ; Major Gen. Lamberts horse was shot under him , but through the goodnesse of God we have not lost many ; a prisoner that we have taken tels us , that he believes their King is either slaine or taken . The Countrey would doe wel to rise upon the Fugitives , that they may not rally again , or imbodie to doe any more mischiefe . You know now what you are to doe , blesse the Lord with us , and for us ; the next shal be more punctuall , I am Yours to serve you ROBERT STAPYLTON . From our Quarters on the East side of Severn , neer the River , 10 at night , 3 Sept. 1651. For Cap. George Bishop these at Whitehall . FINIS . 
A57927	----	A true relation concerning the late fight at Torrington between the forces under the command of Sir Thomas Fairfax, and the forces under the command of Lord Hopton and others : sent in a letter to the Honorable William Lenthal Esq., speaker of the Honorable House of Commons, and by him appointed to be forthwith printed and published. Rushworth, John, 1612?-1690. This text is an enriched version of the TCP digital transcription A57927 of text R25118 in the English Short Title Catalog (Wing R2334A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 11 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A57927 Wing R2334A ESTC R25118 08769391 ocm 08769391 41763 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A57927) Transcribed from: (Early English Books Online ; image set 41763) Images scanned from microfilm: (Early English books, 1641-1700 ; 1268:12) A true relation concerning the late fight at Torrington between the forces under the command of Sir Thomas Fairfax, and the forces under the command of Lord Hopton and others : sent in a letter to the Honorable William Lenthal Esq., speaker of the Honorable House of Commons, and by him appointed to be forthwith printed and published. Rushworth, John, 1612?-1690. Lenthall, William, 1591-1662. 8 p. Printed for Edward Husband, London : 1645. Signed and dated: J.R., Feb. 17. Reproduction of original in the Harvard University Library. eng Great Britain -- History -- Civil War, 1642-1649 -- Sources. A57927 R25118 (Wing R2334A). civilwar no A true relation concerning the late fight at Torrington, between the forces under the command of Sir Thomas Fairfax, and the forces under th Rushworth, John 1646 2084 1 0 0 0 0 0 5 B The rate of 5 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2003-01 TCP Assigned for keying and markup 2003-02 SPi Global Keyed and coded from ProQuest page images 2003-03 John Latta Sampled and proofread 2003-03 John Latta Text and markup reviewed and edited 2003-04 pfs Batch review (QC) and XML conversion A True RELATION Concerning the late Fight at Torrington , Between the Forces under the command of Sir Thomas Fairfax , and the Forces under the command of the Lord Hopton and others . SEnt in a Letter to the Honorable William Lenthal Esq Speaker of the Honorable House of Commons , and by him appointed to be forthwith printed and published : LONDON : Printed for Edward Husband , Printer to the Honorable House of Commons . Feb. 20. 1645. To the Honorable William Lenthal Esq Speaker of the Honorable House of Commons . SIR , SAturday Febr. 14. the army marched from Crediton and the Quarters thereabout to Chimleigh , being ten miles , the day very rainy , and the way very deep ; Sunday they marched very early to a Rendezvouz some two miles in the way to Torrington , with intention to have gone on ; but our parties of our Horse bringing in some Prisoners ▪ by whose Examinations we could not certainly learn which way the Enemy bent , the certain knowledge whereof would mightily advantage us , by taking the benefit of that side of the River on which they marched ; whereupon another party was sent out of Col : Butlers Troop , the Forlorn of which party being twelve , took twelve of the Lord Gorings Life-guard , and twenty four Horse , and brought them to the General ; upon their Examination it appears , the Enemy was ignorant of our Motion ; That they were drawn to no Rendezvouz ; That the Lord Hopton was in Torrington . Presently after there came a Spye from Torrington , who informed that that morning he left the Lord Hopton there , That they heard a kinde of an Alarm , but no certain Intelligence of our Motion . And being informed that a party of the Enemies Horse was at Burrington , the General sent a party of Horse to meet with them , who accordingly charged the Enemy , put them to a Rout , shot Lieut. Colonel Dundash through the body , and took several prisoners , and brought Dundash three miles on the way , but being mortally wounded , as himself conceived , was inforced to leave him at Ringash , a Foot quarter of ours . This is the same Dundash that ran to the Enemy when the Earl of Essex's army lay about Tame : This Lieut. Colonel commanded the Lord of Clevelands Brigade ; the party of Horse that charged Dundash , was commanded by Captain Barry of Rutlandshire , who lost never a man ; but only his Brother run through the arm , and one Mr. Needler of Captain Knights troop shot in the arm ; we sent another party of horse towards the East , who likewise met with their horse , and took three prisoners and some horse , and shot Major Bret , who being well mounted escaped , those Forces confesse that Hopton was ignorant of our motion ; by this time the Bridge was made up some two miles off Chimleigh , the which the Enemy had broken down , so that our army might with convenience march over : But the day being so far spent , it was not held fit to march the whole army , so three Regiments of horse , and three of foot marched some four milss towards the enemy ; that night the rest returned ro Chimleigh with orders to march ; by break of day we did think the several alarms given them this day had so affrighted them , that their Resolutions would have been taken before morning , whether to go East or West , the certain knowledge whereof , was the thing we much desired , and would guide us the better to pursue our designes . Munday Febr. 16. the General with that party of the Army that was at Chimleigh , marched up to the rest of the Army to Ringash , and had there a Rendezvouz ; and afterwards , upon the Moor within five miles of Torrington bad a general Rendezvouz both of horse and foot , drew them up in Battalia , and so marched up towards the enemy . When we came within two miles of Torrington , our Forlorn hope of horse charged theirs , and put them to a retreat ; whereupon they came on again with a very strong party , and put ours to a stand ; the reserves of our Forlorn being come up , and some foot , forced them to their Body again . When we came neer Squire Rolls his house , we had Intelligence that there was a party of 200 Firelocks and Muskettiers left to defend that place ; therefore the Army made an halt half a mile in the Eastside thereof , till the Foot came up ; which the enemy perceiving , as they might easily do , by reason of the Hills and clearnesse of the day , quit the house , and drew their Forces to Torrington : Our Forlorn of horse and foot advanced to Squire Rolls his house , half a mile further towards Torrington , there being several skirmishes in the narrow Lane , between the Forlorn hope on both sides , and several prisoners taken on each ; but most by our party . The enemy drew their foot out of the Town into the Closes about a quarter of a mile : our Forlorn hope of foot lined the hedges , and so faced each other for about two hours , within half a musket shot , exchanging course Language and Bullets , now and then ; after all , the Foot and Horse were come up , and drawn up in Mr. Rolls his Park : a party of 800 foot was sent to second the Forlorn . In case the enemy should endeavour to put any affront upon them also , a Regiment was immediately sent to assist them , who were no sooner come up to the rest , but it began to be dark , a Councel of War was called , what was fit to be done ; whether to engage before day or not , for that it being dark , the enemy might lay Ambuscadoes , they knowing the ground better then we ; whereupon the General , Lieutenant General , with the rest of the Colonels , deferred a Resolution , and rid from Mr. Rolls his house up to the Forlorn hope , to see in what posture our forces were set , and by prisoners to know what the Enemy intended while they were there . The Tattoo was heard to beat in the town , which assured us the Enemy still continued in the town , not flying away as several Reports would have made us believe ; but to be certain of the same , six Dragooners were commanded to creep under a hedge near the Barracadoes , and to give fire , to see if they would answer ; by which we might know whither they stood to defend the town . The Enemy received the charge , and answered it with a very sharp volley of shot . Our Forlorn hope seeing the Dragooners engaged , they gave fire ; whereupon the Enemy gave fire all along the hedges and works , thereupon the Reserve to the Forlorn came on to Relieve them , and so being engaged , the whole army advanced ; and about eight at night the Battel begun some six fields from the town , and so we fought from hedge to hedge , until we beat them into their Barracadoes , which they maintained for an hour after very manfully , our men being often repulsed , yet at last got over the Barracadoes , and forced the Enemy into the town ; whereupon the the Horse were let in , who scowring the streets , were received by the Enemy , and a hot charge given by both parties ; yet it pleased God at last we drave them out of the Barracadoes at the furthest end of the town , and by this time many prisoners were taken , and put into the Church : but far more escaped , being dark , over the hedges and by-wayes , which was not possible for us to prevent , throwing down their Arms , and every man flying several wayes for life : our forces were no sooner possest of the town , but the enemies Magazine which they left in the Church was fired ; whether on purpose by the enemy , or by accident , we cannot yet learn : but it proved a terrible blow , not onely blowing up the Church with all the Wood and Lead that was upon it , deforming many houses in the Town , but killed some of the prisoners in the Church , and some of our men that were in the Church yard ; two great Webbs of Lead fell within twice a horse length of the General ; but it pleased God he escaped , though in imminent danger ; many others being hurt , both with the Timber , Stones and Lead , most of the Town was shaken by this blow , being the terriblest that hath been seen in the memory of man , there being neer eighty Barrels , of Powder blown up together , and one whole Barrel which were blown out of the Church into the street , which took not fire : The Enemy perceiving their Magazine to be thus fired , gave one Charge more with their horse up to our Barracadoes , commanded by Sir Iohn Digby , Brother to the Lord Digby , but our Muskettiers gave fire ; whereupon they took their farewel . Our horse instantly advanced through the Town after them , and begun the pursuite about eleven at night ; and I hope will give a good accompt of the businesse . Thus it hath pleased God in an instant to scatter those Forces of the Lord Hoptons , his Infantry being taken , slain , and totally routed , his Horse , many taken and dispersed , and the rest gone in great disorder toward Cornwal , as we hear , where shortly I hope we shall meet with the remnant left of that Crew , and put an end to the field Enemy in the West of England , they confest they had eight Regiments of Horse , consisting of two thousand five hundred men ; some other of that their Officers that are prisoners say Three thousand ; be they more or lesse , they are very resolute men , fought valiantly ; and after they were chased from hedge to hedge , defended their Barracadoes and works at push of Pike , and with the But-end of their Muskets , till our foot got over a hedge , flanckt them , that they were forced to quit it : They were old Cornish foot , and all Greenviles and Gorings old Souldiers , English and Irish , were engaged in this Service , but now are scattered , threw down their Arms , and fled for their lives . We have abundance of men wounded , Officers and Souldiers more then hath been at any storm since the Army came forth : For indeed every hedge was it were a Bulwark to the Enemy ; so strong are the hedges in these parts ; but few slain , we killed many of the enemy , both horse and foot . The particulars of this businesse you will have more fully hereafter ; let the glory be given unto God , I am Sir Your most faithful Servant , I. R. Torrington Feb. 17. SOme of their Horse we hear are going towards Barnstaple ; Colonel Cook is that way : However , it will be needful Colonel Whaley quarters near Newbery with some of his Horse to follow any party that may come to Oxford , and not divert our Horse that are on so probable a design to further the weal of England . FINIS . 
A62409	----	A letter from the Commissioners of the Kingdom of Scotland residing here at London to William Lenthall Esq. Speaker of the House of Commons concerning the present proceedings in this kingdome, against religion, the King, and government : together with their declaration and protestation against the taking away His Majesties life. Scotland. Parliament. This text is an enriched version of the TCP digital transcription A62409 of text R10022 in the English Short Title Catalog (Wing S987). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 13 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A62409 Wing S987 ESTC R10022 11906850 ocm 11906850 50724 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A62409) Transcribed from: (Early English Books Online ; image set 50724) Images scanned from microfilm: (Early English books, 1641-1700 ; 822:22) A letter from the Commissioners of the Kingdom of Scotland residing here at London to William Lenthall Esq. Speaker of the House of Commons concerning the present proceedings in this kingdome, against religion, the King, and government : together with their declaration and protestation against the taking away His Majesties life. Scotland. Parliament. Lenthall, William, 1591-1662. [2], 8 p. [s.n.], London : 1649. Reproduction of original in Huntington Library. Two letters dated respectively 6 and 22 January 1649. eng Great Britain -- History -- Puritan Revolution, 1642-1660. A62409 R10022 (Wing S987). civilwar no A letter from the Commissioners of the Kingdom of Scotland residing here at London to VVilliam Lenthall Esq. Speaker of the House of Commons Scotland. Convention of Estates 1649 2310 4 0 0 0 0 0 17 C The rate of 17 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2004-01 TCP Assigned for keying and markup 2004-02 Aptara Keyed and coded from ProQuest page images 2004-03 Mona Logarbo Sampled and proofread 2004-03 Mona Logarbo Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion A LETTER From the Commissioners of the Kingdom of SCOTLAND Residing here at LONDON To William Lenthall Esq Speaker of the House of COMMONS Concerning the present proceedings in this Kingdome , against Religion , the King , and Government ; Together with their DECLARATION and Protestation against the taking away his Majesties Life . London , Printed Anno Dom. 1649. A Letter from the Commissioners of the Kingdome of SCOTLAND , &c. SIR , THe Committee of Estates of the Kingdome of Scotland , understanding , that the Honourable Houses of Parliament , were proceeding in a Treaty for peace , with His Majesty ; did about the beginning of the last Moneth , authorize Us to present Propositions to his Majesty , and particularly to deal with him , and the honourable houses , for establishing the Covenant and Presbyteriall Government , the Confession of faith , Directory for Worship , and Catechism : For preventing the tolleration of Idolatry , Popery ; Prelacy , Superstition , Blasphemy , Haeresie , and Schisme ; And for perfecting the great work of Reformation and uniformity , according to the Covenant : the substance whereof hath been formerly communicated in a letter from the Committee of Estates to both houses , and by one of our number , upon his reception ar the Committee of Derby house , by order from the houses of Parliament . But to our great greif we doe perceive ; That the distractions of this kingdome are , beyond our expectation , grown exceeding high ; That a force hath been placed on the passages to the houses ; which during transactions of highest concernmens , hath imprisoned and secluded a great number of Members of Parliament , and given occasion to many others to withdraw , because they find they cannot Act , as in a free Parliament ; that applications are made to you for proceeding against the King , to take away his life , and for changing the fundamentall Government of this kingdome ; And strong endeavours are used , to overturne the whole work of Reformation , to cast off the Ministry , and introduce a toleration of all Religions and formes of Worship : and so in effect to destroy the Cause , wherein both Nations have been engaged , and frustrare all the ends of the solemne League and Covenant , which both kingdomes have sworne with uplifted hands to Almighty God sinceerly , really , and constantly to performe . The consideration of these things doth exceedingly trouble us , and fill our hearts with feares ▪ that , as they are for the present matter of great provocation of the wrath of God against us , dishonourable to his Name , and a reproach to Religion ; so , if persisted in : that they shall greatly weaken and divide us amongst our selves , invite forraigne Enemies against us : advance the popish interest , loose Ireland , and in the end , prove destructive to the Reformed Religion , and to the peace and happinesse of those kingdomes . In the year 1640. when these Kingdoms were oppressed under the yoke and tyranny of the Prelats , who then were far advanced in the design , to introduce popery ; the kingdom of Scotl. did joyn their Endeavours with this kingdom , to procure a free Parliament here , looking upon it , as the chief mean by the blessing of God to give a check to the designs of the Prelats , who were studying the chang of Religion : And to the interprises of evill Councellors about the King , who were endeavouring to establish an Arbitrary and tiranicall Government , and afterward , when through the power and prevalency of papists , prelats , & Malignants , this kingdom was distressed : The kingdom of Scotland did enter into a solemn League and Covenant , with this Nation : For reformation and defence of Religion , the honour and happinsse of the King , and the peace and safety of the three kingdoms : And particularly for bringing the Churches of God therein , to the neerest conjunction and uniformity in Religion , Confession of Faith , form of Church-government , Directory for worship , and Catechising , for extirpation of popery , prelacy , Superstition , Heresy , Schisme , profanes . And what soever shall be found contrary to found Doctrin for mutuall preservation of the rights and priviledges of Parliaments , and liberties of the kingdoms ; for discovering of Incendiaries , Malignants , and evil Instruments , that hinder Reformation of Religion , divid the King from his peopl or one of the kingdoms from another , or make any faction or party among the people , contrary to the Leagu and Covenant , that they may be brought to publique triall and punishment : for preserving peace and union betwixt the kingdoms : And defending one another in this Cause ; and continuing therein all the dayes of our lives , zealously and constantly , against all opposition ; and for promoting the same , according to our power , against all Letts , and impediments whatsoever . In pursuance of the solemn League and Covenant , both Houses of the Parliament have often declared , That they will Establish the Reformation of Religion , Extirpate Popery , and Prelacy : And suppresse Heresie , and Schism , and that they will maintain the fundamentall Government of this Kingdom by King , Lords , and Commons . And when the Common Enemy being subdued , the Scottish Army was to go out of this Kingdom in the beginning of the year 1647. And his Majesty by consent of both kingdoms , was to come to Holdenby : The Houses of Parliament did declare , both to the king , & to the kingdom of Scotland . That respect should be had to the safety and preservation of his Majesties person , in the preservation and defence of the true Religion , and liberties of the Kingdomes , according to the Covenant . And when the King should be at Holdenby , and the Scottish forces gone out of this Kingdome ; That they would joyne with the Kingdome of Scotland , in imploying their best endeavours , to procure his Majesties assent to the Propositions agreed on by both kingdomes . And in case the King should not give his assent thereunto : that the Houses were resolved still to maintaine the happy union already settled between the two Kingdomes , according to the Covenant and Treaties . The Parliament of Scotland did at the same also , publish a Declaration of their intentions ( whereof one Copy was delivered to his Majesty , and another to the Houses of Parliament ) that in the interim ( untill his Majesty should give satisfaction to both Kingdomes , in the Propositions of peace ) there should be no harme , prejudice , injury , or violence done to his Royall person : that there should be noe change of Government , other then had been for the three years preceding : And that his posterity should be no wayes prejudiced , in their lawfell succession to the Crown and Government of these Kingdomes . These being the engagements of both Kingdomes joyntly together , and severally one to another , for the ends aforesaid , VVe hold it our duty to endeavour , That Reformation of Religion be setled and established , as is before expressed : And especially , that the toleration of Idolatry , Popery , Blasphemy , Heresie , and Schisme , be prevented : least we partake in other mens sinnes , and thereby being in danger to receive of their plagues : That the Rights and priviledges of Parliament may be preserved : that there may be no change of the fundamentall government : And that there be no harme , injury , or violence offered to his Majesties person , the very thought whereof , the kingdome of Scotl. hath alwayes abhorred , as may appear by all their proceedings and Declarations : And the Houses of Parliament have upon severall occasions expressed , a detestation thereof in their Declarations : Wherefore , we do expect that there shall be no proceeding against his person ; which cannot but continue and encrease the great distractions of these kingdomes , and involve us in many difficulties , miseries , and confusions . But that by the free Councells of both houses of the Parliament of England , and with the advice and consent of the Parliament of Scotland ( which is now sitting ) such course may be taken in relation to him , as may be for the good & happines of these Kingdoms ; both having an unquestionable interest therein , Your affectionat friends and Servants . Signed . Lothian , Io. Cheisly , Wil. Glendoning . Covent Garden the 6th . of Ian. 1649. For the Honourable VVil Lenthall Esq Speaker of the house of Commons . SIR , We were exceedingly surprized upon Saterday in the afternoon , when we heard his Maiesty was brought before this new extraordinary Court , and that there should be such hast and precipitation , notwithstanding the resolution taken by the house upon reading of our Letter of the 6 of this instant , to take into consideration what we had therein pressed , as was signified by you to some of our Number : Wherefore we have sent you this inclosed paper , to be forthwith communicated unto them . And in pursuance of the directions which we have received from the kingdom of Scotland , we do desire , That they will take effectuall course , that we may have free access to his Maiesty this day , And afterward upon all occasions as we shall think fit , without any interuption or molestation whatsoever , And so we rest Your affectionat freinds and Servant . Signed , Lothian . Io. Cheisly . Wil. Glendoning . Covent garden the 22 of Ian. 1649. For the Honourable Wil. Lenthall Esquire Speaker of the House of Commons . By our letter of the 6th of this instant , we represented unto you ; What endeavours have bin used for taking away his Majestyes life ; for change of the fundamentall Government of this kingdom ; And introducing a sinfull and ungodly toleration , in matters of Religion ; And therein we did express our sad thoughts and great fears of the dangerous consequences that might follow thereupon . And further : we did earnestly presse , That there might be no proceeding against his Majesties person ; which would certainly continue the great distractions of these Kingdoms ; and involve us into many evills , troubles , and confusions : But that , by the free Councels of both houses of the Parliament of England , and with the advice and consent of the Parliament of Scotland , such course might by taken in relation to him as may be for the good and happinesse of these kingdomes ; both having an unquestionable and undenyable interest in his person as King of both : which duely considered , we had reason to hope , should have given a stop to all proceedings , against his Maiesties person ▪ But we understand ; that after many of the Members of the house of Commons have been imprisoned and secluded ; and also without and against the consent of the house of Peers , by a single act of yours alone , power is given to certaine persons of your own Number of the Army , and others to proceed against his Maj. person ▪ In order whereunto , he was brought upon Saturday last in the afternoon before this new extraordinary Court . Wherefore we do in the name of the Parliament of Scotland , for their vindication from false aspersions and calumnies declare , That though they are not satisfyed with his Majesties concessions in the late Treaty at Newport in the Isle of VVright especially in the matters of Religion ; And are resolved not to crave his Majestyes restitution to his Government , before satisfaction be given by him to his kingdoms . Yet they do all unanimously , with one voice ( not one Member excepted ) disclaim the least knowledg of , or accession to the late proceedings of the Army here , against his Majesty ; And sincerely professe , that it will be a great greife unto their hearts , and lye heavy upon their spirits , if they shall see their trusting of his Majesties person , to the honourable houses of the Parliament of England to be made use of to his ruine ; So farre contrary to the declared intentions of the Kingdome of Scttland , and solemn professions of the Kingdom of England . And to the end it may be manifest to the world , how much they abhominate and detest so horrid a design against his Majesties person : We do in the name of the Parliament and Kingdom of Scotland , hereby declare , their dissent from the said procee●ings , and the taking away his Maiisties life ; And protest ; That as they are altogether free from the same ; So they may be free from all the Evills miseries , confusions and calamities that may follow three upon to these distracted Kingdomes . Signed , LOTHIAN , Io : CHEISLY . WIL . GLENDONING . 22. Ianuary 1649. FINIS . 
A70417	----	Mr. Speakers speech with His Majesties speech to both Houses of Parliament at the passing of the bill for tonnage and poundage being an answer to Mr. Speakers speech at the presenting thereof 22 June 1641. England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A70417 of text R13949 in the English Short Title Catalog (Wing L1089). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 4 KB of XML-encoded text transcribed from 3 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A70417 Wing L1089 ESTC R13949 13023466 ocm 13023466 96649 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A70417) Transcribed from: (Early English Books Online ; image set 96649) Images scanned from microfilm: (Early English books, 1641-1700 ; 259:E198, no 23 or 259:E198, no 24) Mr. Speakers speech with His Majesties speech to both Houses of Parliament at the passing of the bill for tonnage and poundage being an answer to Mr. Speakers speech at the presenting thereof 22 June 1641. England and Wales. Parliament. Lenthall, William, 1591-1662. Charles I, King of England, 1600-1649. England and Wales. Sovereign (1625-1649 : Charles I) [2], 6 p. s.n.], [London : 1641. His Majesties speech to both Houses of Parliament, June 22, 1641 on p. 5. William Lenthall, Speaker of the House. Reproduction of original in Thomason Collection, British Library. eng Tonnage fees -- England. Great Britain -- History -- Charles I, 1625-1649 -- Sources. A70417 R13949 (Wing L1089). civilwar no Mr. Speakers speech, with His Majesties speech to both Houses of Parliament, at the passing of the bill for tonnage and poundage: being an a Lenthall, William 1641 698 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2004-01 TCP Assigned for keying and markup 2004-02 Apex CoVantage Keyed and coded from ProQuest page images 2004-03 Mona Logarbo Sampled and proofread 2004-03 Mona Logarbo Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion Mr. Speakers SPEECH , WITH HIS MAJESTIES SPEECH TO BOTH HOUSES OF PARLIAMENT , At the passing of the Bill for Tonnage and Poundage : BEING An Answer to Mr. SPEAKERS Speech at the presenting thereof , 22. Iune 1641. Printed in the yeare , 1641. HONI SOIT QVI MAL Y PENSE CR royal blazon or coat of arms Mr. SPEAKERS SPEECH In the LORDS House of Parliament , Iune 22. 1641. THat policy , most gratious and dread Soveraigne , which weighs the Prerogative of the King and property of the Subject in the same Scales , and increases the plenty of the Crowne , and contentment of the people ; the even poising of this Beame enables both , the one being ordained for the preservation of the other . This principle is so riveted into the hearts of your Subjects by the Acts of their Ancestours , & traditions of their fore-fathers , that it hath created a beliefe in them , that their wills are bound to a due allegiance , and their fortunes and estates , as well as their duty and subjection , must bend to the Commands of that Soveraigne power with which God hath invested your sacred Majestie . Compulsary obedience , advanced by the transcendent power of Prerogative , is too weake to support the right of government : It is the affections & estates of your people , tyed with the threads of obedience , by the rules of Law , that fastens safety and prosperity to the Crowne . The experiment of elder times , in the raignes of the most valiant puissant Princes , hath concluded this the Soveraigne preservative against the diseases of distraction and confusion , and makes it manifest to the world , that the honour and glory of this Throne is to command the hearts of free-men . This admitted , the permission of the least diminution , or any eclipsed interposition betweene the honour and plenty of the Crowne , contracts a Scorne upon the Nation . Severall Parliaments in former times have stampt the Character of a free gift upon the fore-front of this aid , still offered by the people , as a sacrifice of thanksgiving to the Crowne , for the safe conduct of your Merchants , and provision of the Navie , to strengthen your undoubted dominion over the seas , which hath protected your Allyes , and is a terrour to your Enemies . Our hopes were long since to have settled this for the measure and the time , and with this to have presented to your sacred Majestie the triumphant palme of Tranquillity in all your Kingdomes : But , as a ship floating upon a rough Sea , we have been cast upon the Rock of feare and dangers , and tossed on the Billows of distraction and distrust of Church and Common-wealth , where we yet remaine hopelesse ever to passe through that narrow channell which leads to the Haven of Peace , unlesse we be speedily steered on by the hand of your sacred wisdome , care and providence . In the midst of all these troubles , and the severall opinions which have beene amongst us , no division had power to distract any one of us from the care and duty we owe to your sacred Person . And , to that end am I now sent by the Commons of England , to present this as a Marke onely , whereby your sacred Majestie may view the inward duties of our hearts , untill time and opportunity will give leave for a further expression of our duties and affections . The acceptation of this Gift will glad the hearts of your people , and the approbation by the royall assent of this Bill ( being the largest for the measure which was ever given ) will joyne wings to our desires and hopes , which shall never returne without that Olive-leafe , which may declare that the waters are abated , and your sacred Majestie may have full assurance of the faith and loyaltie of your Subjects . FINIS . 
A82160	----	The declaration of the gentry, of the county of Norfolk, and of the county and city of Norvvich This text is an enriched version of the TCP digital transcription A82160 of text R205564 in the English Short Title Catalog (Thomason 669.f.23[21]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A82160 Wing D680 Thomason 669.f.23[21] ESTC R205564 99896323 99896323 154143 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A82160) Transcribed from: (Early English Books Online ; image set 154143) Images scanned from microfilm: (Early English books, 1641-1700 ; 2401:13) The declaration of the gentry, of the county of Norfolk, and of the county and city of Norvvich Lenthall, William, 1591-1662. 1 sheet ([1] p.) s.n., [London : 1660]. Praying for a free Parliament and the recall of the Members secluded in 1648. Imprint from Wing. Annotation on Thomason copy: "Jan 31 1659". Reproduction of original in the Henry E. Huntington Library. eng Taxation -- Law and legislation -- England -- Early works to 1800. Great Britain -- History -- Commonwealth and Protectorate, 1649-1660 -- Early works to 1800. Great Britain -- Politics and government -- 1649-1660 -- Early works to 1800. Norfolk (England) -- History -- Early works to 1800. Broadsides -- England -- London A82160 R205564 (Thomason 669.f.23[21]). civilwar no The declaration of the gentry, of the county of Norfolk, and of the county and city of Norvvich. [no entry] 1660 316 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Emma (Leeson) Huber Sampled and proofread 2007-11 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE DECLARATION Of the GENTRY , of the COUNTY of NORFOLK , And of the COUNTY and CITY of NORVVICH . VVE the Gentry of the County of Norfolk , and County and City of Norwich , being deeply affected with the sence of our sad Distractions and Divisions , both in Church and State , and wearied with the miseries of an Unnatural Civil War , the too Frequent Interruptions of Government , the Imposition of several heavy Taxes , and the loud Out-cries of multitudes of undone , and almost Famished People , occasioned by the General decay of Trade , which hath spread it self throughout the whole Nation , and these Counties in particular ; and having met together , and consulted what may best remedy , and remove our , and the Nations present Grievances and Distractions , Do humbly conceive , that the chief Expedient will be , the recalling of those Members that were secluded in 1648 , and sat before the Force put upon the Parliament ( We of the County of Norfolk ) being by such Seclusion , deprived of any Person to represent us in Parliament , ) and also by filling up the Vacant Places thereof ; and all to be Admitted without any Oath , or Engagement , previous to their Entrance ; which being done , We shall be ready to acquiesce , and submit in all things , to the Judgment and Authority of Parliament , without which Authority , the People of England cannot be obliged to pay any Taxes . This Declaration , subscribed by three hundred Gentlemen , was delivered to the Honourable Will : Lenthall , Speaker of the Parliament , on Saturday the Eight and Twentieth of January , 1659. By the Lord Richardson , Sr John Ho bart , and Sr Horatio Tounsend , Baronets . 
A87856	----	Master speaker his speech to His Majestie, in the High Court of Parliament, the fifth day of November, 1640. Mr Speaker his speech to His Majestie. Lenthall, William, 1591-1662. This text is an enriched version of the TCP digital transcription A87856 of text R207289 in the English Short Title Catalog (Thomason E774_4). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 8 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A87856 Wing L1085 Thomason E774_4 ESTC R207289 99866348 99866348 118619 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A87856) Transcribed from: (Early English Books Online ; image set 118619) Images scanned from microfilm: (Thomason Tracts ; 118:E774[4]) Master speaker his speech to His Majestie, in the High Court of Parliament, the fifth day of November, 1640. Mr Speaker his speech to His Majestie. Lenthall, William, 1591-1662. England and Wales. Parliament. House of Commons. 8 p. Printed for William Shears, London, : 1660. Attributed to William Lenthall by Wing. Annotation on Thomason copy: "Feb. 3. 1659.". Reproduction of the original in the British Library. eng Charles -- I, -- King of England, 1600-1649 -- Early works to 1800. Great Britain -- Politics and government -- 1625-1649 -- Early works to 1800. A87856 R207289 (Thomason E774_4). civilwar no Master speaker his speech to His Majestie,: in the High Court of Parliament, the fifth day of November, 1640. Lenthall, William 1660 1275 4 0 0 0 0 0 31 C The rate of 31 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-04 TCP Assigned for keying and markup 2007-05 Apex CoVantage Keyed and coded from ProQuest page images 2007-06 Mona Logarbo Sampled and proofread 2007-06 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion MASTER SPEAKER HIS SPEECH TO HIS MAJESTIE ▪ IN THE High Court of PARLIAMENT , the Fifth day of November , 1640. WS printer's or publisher's device LONDON , Printed for William Shears , 1660. Master Speakers Speech in the High Court of Parliament , to the Kings most Excellent Majesty , the fifth of November , 1640. Most gracious and dread Soveraigne , IN all submissive humblenesse , the Knights , Citizens and Burgesses of the House of Commons are here assembled , who taking along with them your gracious inclination , have according to their ancient liberties designed me their Speaker . Whereas I cannot but lament to think how great a mist may overcast the hopes of this Sessions , yet a note of favour to me , who cannot but judge my self unfit for so great imployment , which so appeares to the whole World . Many there be of deep Judgment , and sad experience , that might have added lustre to this action , and expedition to the work , if they had pleased to have left me in that mean condition they found me . Non mihi tacuisse nocet , Nocet esse Locutum . And then might your Sacred and pious intentions have had their full advancement . But is it yet too late ? may I not appeal to Caesar ? Yes ▪ I may , and in the lowest posture of humility . I humbly beseech your Sacred Majesty to interpose your Royall Authority , to command a review of the house , for there were never more than now fitted for such Imployments . My Lord Keeper approves of him by his Majesties direction , Then he goes on , It pleaseth not your Sacred Majesty to vouchsafe a change . Actions of Kings are not to be by me reasoned . Therefore being imboldened by this Gracious approbation , give me leave a little , Dread Soveraigne , to expresse my own thoughts unto our gracious Lord the King . I see before my eyes with admiration the Majesty of great Brittaine , the Glory of times , the history of honour , CHARLES the First , in his forefront placed by discent of antiquity ( Kings ) setled by a long succession , and continued to us by a pious and peacefull government . On the one side the Monument of Glory , the Progeny of valiant and puissant Princes , the Queens most Excellent Majesty . On the other side , the hopes of posterity , and joy of this Nation , those Olive branches set round your tables , Emblems of peace to posterity . Here shine those Lights and Lamps placed in a Mount , which attend your sacred Majesty as supreme head , and borrow from you the Splendor of their Government . There the true state of Nobility , figures of Prowesse and Magnanimity , fitted by their long contracted honour in their blood , for the Councell of Princes . In the midst of those the Reverend Judges , whither both parts ( as to the Oracles of Judgment and Justice ) may resort , Cisterns that hold fair waters , wherein each deviation ; each wrinckle is discernable , and from thence ( as from the Center ) each crooked line ought to be levelled ; The footstoole of your Throne is fixed there , which renders you glorious to all posterity . Here we the Knights , Citizens and Burgesses of the Commons house , at your royall feet , contracted from all parts of your Kingdom , Ensignes of obedience and humility , all these united by the law equally distributed , which cements this great body to the obedience of your Sacred Majesty ; And compells as well the hearts as the hands to contribute for the preservation of your Majesty , and the Common interest , Dissipates the Invaders of the Church and Common Wealth , and discovers the Impostures , but ( give me leave dread Soveraigne ) knits the Crown to the Sacred Temples , and frees Majesty from the Interpretation of mis-doing . Amongst these this great Councell is most Soveraign against the distempers of this Nation . Were they infested at Sea , troubled at home , or invaded from abroad , here was the Sanctuary of refuge , hither was the resort , and no other way found for a foundation of peace . It is reported of Constantine the great , that he accounted his Subjects purse his Exchequer , and so it is . Subtile inventions may pick the purse , but nothing can open it but a free Parliament ; which lets in the eye of Soveraignty upon the publique maladies of the state , and vigilancy for the preservation of our ancient liberties ; for this we need not search into antiquity , look but a little back , there we shall see our just liberties gratiously confirmed by your most sacred Majesty , And is our happiness shut up in the remembrance of times past only ? No . Those gratious expressions lately fal'n from your sacred lips , as hony from the combe , make glad the hearts of your people . So that now we do more then promise to our selves a large and free consideration of the wayes to compose the distempers of these Kingdomes , and then present them to your royall hand for perfection . And such shall be our deportment , that as we shall labour the continuance of our liberties , so shall we carry a high regard to preserve that Soveraigne power wherewith your Majesty is invested for the preservation of your Kingdome , and to render your sacred Majesty terrible to the Nations , and glorious at home ▪ Are these the fruits we have enjoyed by Parliaments ? we cannot then but wonder at that horrid invention in this place projected , Monstrum horrendum , informe , ingens but the Lord be thanked , Cui lumen ademptum est . Can this receive a Palliation ? Men , Fathers , and Brethren , and all at one blast ; no reverence to sacred Bones of Princes ? were we not all in a lump by them intended to be offered up to Moloch . Let us never forget this days solemnization ( But whither ? ) It is too much boldness to presume longer on your Majesties grace and goodnesse ; and therefore for the better expedition of this service ; We humbly desire ; 1. That our selves and servants may obtain freedome from arrests of their persons and goods . 2. That we may have free liberty of speech without confinement , with a full and free debate . 3. That your Majesty will vouchsafe our repaire to your sacred person upon matters of importance , according to the ancient priviledges of the house . That with such alacrity we may now proceed to manifest to the world , that our retirements were to reinforce a greater unity and duty , and to endeavor a sweet violence , which may compell ( pardon dread Soveraigne the word Compell ) your Majesty to the love of Parliaments . And thus God will have the honour , your sacred ▪ Majesty splendor , the Kingdome safety , and all our votes shall passe , That your sacred Majesty may long , long , long reigne over us ; And let all the people say , Amen . ( *⁎* ) FINIS . 
A87860	----	To his very loving friends, the high sherife, and iustices of peace of the county of Surrey. Lenthall, William, 1591-1662. This text is an enriched version of the TCP digital transcription A87860 of text R209763 in the English Short Title Catalog (Thomason 669.f.3[40]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A87860 Wing L1090 Thomason 669.f.3[40] ESTC R209763 99868626 99868626 160598 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A87860) Transcribed from: (Early English Books Online ; image set 160598) Images scanned from microfilm: (Thomason Tracts ; 245:669f3[40]) To his very loving friends, the high sherife, and iustices of peace of the county of Surrey. Lenthall, William, 1591-1662. England and Wales. Parliament. House of Commons. 1 sheet ([1] p.) s.n., [London : 1642] Signed: William Lenthall. Imprint from Wing. Reproduction of the original in the British Library. eng Loyalty oaths -- Great Britain -- Early works to 1800. A87860 R209763 (Thomason 669.f.3[40]). civilwar no To his very loving friends, the high sherife, and iustices of peace of the county of Surrey. Lenthall, William 1642 598 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Emma (Leeson) Huber Sampled and proofread 2007-11 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion TO HIS VERY LOVING FRIENDS , The High Sherife , and Iustices of Peace of the County of SURREY . GENTLEMEN ; IT is now some moneths since that the Protestation taken by the Lords , and House of Commons , was sent down into the Country , with an expectation that it should be generally taken throughout the Kingdome , for a testimony of their good concurrence with the Parliament , but through the remissenesse of some of those that had the care of recommending it to others , very many there be that have not hitherto taken it . Now the House of Commons having discovered many dangerous designes plotted against the Parliament ; and especially that of the fourth of this instant Ianuary , which had it taken effect would have strucken not onely at the Priviledges , but the very beeing of Parliaments , as will more appeare by the Declaration herewith sent unto you , which the House desires you to publish throughout all parts of the Countie , Have thought fit once again to recommend the taking of this Protestation ; And have therefore commanded me in their Name to desire you the High Sheriffe , and the Justices of the Peace of that County , to meet together in one place assoon as possibly you may , and there to take the Protestation your selves ; and then dispersing your selves into your severall Divisions , that you will call together the Minister , the Constables , Churchwardens , and Overseers of the poore of every Parish , and tender unto them the Protestation to be taken in your presence ; And to desire of them , that they will very speedily call together the Inhabitants of their severall Parishes , both Housholders and others being of Eighteen yeares of age , or upwards , into one or more places , according to the largenesse of their Parishes , and to tender unto them the same Protestation to be taken in their presence , and to take the names of those that doe take , and doe refuse to take the same Protestation , and to return them unto your selves at such time as you shall appoint , which the House desires may be so speedily , as that you likewise may return such Certificate , as you receive from them , to the Knights and Burgesses serving for that County , if the same County be within sixty miles of London , before the twentieth day of February next ; And if the said County be above sixty miles distant from London , then before the twelfth of March next , wherein the House desires your greatest Care and Diligence , as a matter very much importing the good both of the King and Kingdome , which being all I have in command , I rest Your very loving friend WILLIAM LENTHALL , SPEAKER . SIR , I Have lately received a Letter from the Speaker of the House of Commons now assembled in Parliament , the Copy whereof is above-mentioned : I desire you , according to the directions in the said Letter , to meet with the rest of the Justices of Peace ( to whom I have written to the same purpose ) and my selfe at Kingston in the Town Hall there on Thursday being the tenth day of this instant February , by nine of the Clock in the fore-noon , to perform that which we are thereby required . Your very loving friend 2. Febr. 1641. 
A84986	----	A full narative [sic] of all the proceedings betweene His Excellency the Lord Fairfax and the mutineers, since his Excellencies advance from London, Thursday May 10. to their routing and surprizall, Munday May 14. at mid-night. VVith the particulars of that engagement, the prisoners taken, and the triall and condemning Cornet Thompson and Cornet Denn to die, who were the ringleaders in the mutiny. Also his Excellencies the Lord Generals letter to the Speaker concerning the same. Published by speciall authority to prevent false and impertinent relations. This text is an enriched version of the TCP digital transcription A84986 of text R204514 in the English Short Title Catalog (Thomason E555_27). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 21 KB of XML-encoded text transcribed from 10 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A84986 Wing F2350 Thomason E555_27 ESTC R204514 99864001 99864001 116219 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A84986) Transcribed from: (Early English Books Online ; image set 116219) Images scanned from microfilm: (Thomason Tracts ; 86:E555[27]) A full narative [sic] of all the proceedings betweene His Excellency the Lord Fairfax and the mutineers, since his Excellencies advance from London, Thursday May 10. to their routing and surprizall, Munday May 14. at mid-night. VVith the particulars of that engagement, the prisoners taken, and the triall and condemning Cornet Thompson and Cornet Denn to die, who were the ringleaders in the mutiny. Also his Excellencies the Lord Generals letter to the Speaker concerning the same. Published by speciall authority to prevent false and impertinent relations. Fairfax, Thomas Fairfax, Baron, 1612-1671. Lenthall, William, 1591-1662. [2], 14 p. Printed for George Roberts dwelling on Snow-hill, London : 1649. Annotation on Thomason copy: "May 18th". Reproduction of the original in the British Library. eng Thompson, William, d. 1649. Denn, -- Cornet, d. 1649. Levellers -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Burford (England) -- History -- Early works to 1800. A84986 R204514 (Thomason E555_27). civilwar no A full narative [sic] of all the proceedings betweene His Excellency the Lord Fairfax and the mutineers, since his Excellencies advance from Fairfax, Thomas Fairfax, Baron 1649 3604 9 0 0 0 0 0 25 C The rate of 25 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-04 TCP Assigned for keying and markup 2007-05 Apex CoVantage Keyed and coded from ProQuest page images 2007-06 Angela Berkley Sampled and proofread 2007-06 Angela Berkley Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A Full NARATIVE OF All the proceedings betweene His Excellency the Lord FAIRFAX and the MUTINEERS , since his Excellencies advance from London , Thursday May 10. to their routing and surprizall , Munday May 14. at mid-night . VVith the particulars of that engagement , the Prisoners taken , and the Triall and Condemning Cornet Thompson and Cornet Denn to die , who were the Ringleaders in the Mutiny . Also his Excellencies the Lord Generals Letter to the Speaker concerning the same . Published by speciall Authority to prevent false and impertinent Relations . LONDON , Printed for George Roberts dwelling on Snow-hill . 1649. SIR , I Thought it my duty , having received another pledge and token of the mercy and goodnesse of God to this poor Nation , to give you a speedy account thereof ; when I came to Andover , after so tedious a march , ten Troops of the Mutineers marched from Salisbury to Marlborow , from thence to VVantage , and to the end they might get a conjunction of Col. Harrisons Regiment they lay all this day between Abington and Oxford , at a place called Blagrave , expecting to have more Troops come , but there came onely to them Cap. Pecks and Cap. VVinthrops , and marched all the day towards Abington , some of the Quarters being 22 miles from thence ; and when I came neer Abington they were marched away , being in all twelve Colours , towards Newbridge , where Colonel Reynolds , Major Shilburne and others kept the Bridge , which they would have forced ; but when they saw they could not do it , they march't up the River and got over at a Ford neer a mile from the Bridge . Some three houres after they were gone I marched towards Bampton in the Bush , and from thence to Burford , where , and in the adjacent Villages we tooke ( I thinke ) almost the whole party ; the particulars I shall give you an account of ( God willing ) hereafter more exactly . Those Troops at Salisbury of Col. Scroops Regiment did wholly reject their Officers , except one Lieutenant , and two or three inferiour Officers . Sir , I hope this is none of the least mercies , I pray God you and wee may make a good use of it , it will be your glory and your honour to settle this poor Nation upon foundations of Justice and Righteousnesse , and I hope this mercy will the more encourage you to doe so : for the poore people , how ever deluded by some cunning and turbulent spirits , yet they may see you will improve your power for their good , and then your Enemies shall be found lyars , which I am confident you will : so I cease your further trouble , and remaine Your most humble servant , THO. FAIRFAX . Burford , May 14. midnight , 1649. For the Honourable William Lenthall , Esq . Speaker of the honourable House of Commons . AN Account in generall is already sent of the surprizing and dispersing of the mutinous Regiments at Burford ; a more particular account thereof will also come from the Generall very shortly , yet thus much in briefe . That as they were surprized in the very nick of time ( when as one day more would have given them opportunity to have joyned with other Regiments : so it was very happy it was done with so little bloodshed , there being but one of their party slaine ( who fought it out to the last ) and one of ours . The first Horse that entered the Town were those under Col. Reynolds , the Dragoons under Col. Okey , and Major Shelburne , with the Buckinghamshire horse . The Generall brought up as a Reserve his own Regiment of Horse , and Col. Scroop the Reare . Cap. Fisher was sent with a Troop of Horse on the further side of the Town , where he offering to charge two Troops of the Enemy ( who were likewise in a posture to charge him , with their Swords drawn and Pistols cockt ) upon his advance , and offering them quarter if they would submit to mercy , they all submitted but one , who discharged his Pistoll , but did not hurt ; ( which two Troopes he brought to the Generall . ) Cap. Packers Troop was very diligent , and this is observable , that he had but one man who joyned with this party , yet he did engage himselfe to his Captaine to be faithfull , and it was his hap to take Col. Eyres , who was very earnest with him to let him goe , but because of his engagement to his Captaine , he brought him prisoner to the Generall . Yesterday Cornet Denn , and Cornet Thompson ( brother to Thompson the great ) was tried at a councell of war and condemned to die . Denn hath bought himselfe a winding-sheet , and is so sensible of his errour , that he doth not desire to live ; he doth acknowledge the just hand of God upon him , and is putting forth a Declaration to the world to shew the wickednesse of the designe , and by what means it was contrived . There are between three and four hundred prisoners in the church , the rest escaped in the darke ; many of them are very resolute , and say ( as the Cavaliers used to speak ) it is our day to day , it may be theirs to morrow ; others of them are very penitent . The Souldiers that beat up their quarters had their Horses and Arms for prize , and Crookback ( who fought it out so stoutly ) being heretofore of Masseys brigade , had 30 livre. about him when the Souldiers pillaged him ; they had frequent advertisement from their friends in London and in the Tower ▪ how to mannage their businesse , and as some of them confest ) had promise of money for the carrying on of their designe ; but more of this hereafter . The Generall and the Officers are very weary , having never in all the time of the former wars marcht 45 miles in one day ( in which the Foot went a great part ) and to conclude the day to beat up quarters . Two of col Harrisons Troops under ▪ cap. Peek● , joyned with these men , and had a handsome cudgelling with the rest , and are dispersed . We had one Dragoon shot , and some wounded ; Col. Reynolds made good Newbridge with a small party of his own and Major Shelburnes horse , and parlyed with the Mutineers , and forced them to ford the River about a mile below . Col ▪ Reynolds behaved himself very resolvtely both there and at Burford ; more prisoners are to be tried to day . Burford , Wednesday May 16. 1649. The Generall hath sent a Warrant to all the Justices of peace in these parts to apprehend all such of these Mutineers as have escaped in the darke , and to secure their persons till they be brought to try all . The Copies of severall Letters sent to and from the Mutineers , since the Generals advance from London . The Mutineers first Letter to the Generall . May it please your Excellency , A Proposition hath been made unto us for the service of Ireland with a declaration of your Excellencies pleasure , that it was lawfull for us , either to consent or deny , for no man was to bee forced . Although many of us were very willing to put our lives in your hands for that service , it is a breach of former ingagements to suffer many of our fellow souldiers who could not go , to be disbanded without a competent pay in hand of their Arrears to carry them home , and inable them to follow their occupations , we perceive such a representation of the business , hath been laid before your Excellency , rendering us so vile in your eyes , that the next newes we heard was of forces marching towards us to subdue us , which hath put us upon an unusuall yet a necessary way , for our own preservation , least we should be distroyed , before we could be heard to speake to relinquish our officers , and flie for our present security , and now we do earnestly beseech your Excellency patiently to heare us , and to take us under your protection . All that we require is the performance of our Engagement made at Triplo-heath , and we shall promise never to depart from your Excelencies Command in any thing which shall not be contrary to the said Engagement , professing our selves very sorry , that we should have no better Esteem in your Excellencies Iudgment . Subscribed by the Agents for Comisary Gen. Ireton and Col. Scroops Regiment . 12 May . 1649. Gentlemen , I Have received a Letter from you of the 12th of the instant , among other false suggestions , whereby I beleeve you have been abused , that is a mistake and untrue surmise which you mention as an intendment to disband some of the Souldiery 〈◊〉 the Army , without a competent pay in hand of their Arreares , it being never so thought , but otherwise taken care for , and put into as hopefull and setled a way as could be devised . I had rather pretermit , than take notice of your grounding this usuall course you have taken , upon the marching of Forces towards you to subdue you , when as some if not all of you , by your disorderly precipitance into such an irregular way , the first and sole occasion of marching with Forces . However , since you now desire to be heard and taken under my protection , I have given way to Col. Scroop to receive you under protection , and am ready to heare you in any thing concerning the engagement by you mentioned . T. Fairfax . May 13. 1649. To the Officers and Souldiers of Commissary Iretons , & Col. Scroops Regiments . WE have received two letters from your Excellency , the one by the hands of Major White , the other by Collonel Scroope , both which we have received with thankfull acknowledgement of your Lordships clemency towards us , and care over us ; the consideration whereof cannnot but produce in us ( unlesse we should be very ingratefull ) a more than ordinary respect towards your Excellency . And that we may prevent jealouses subject to be begotten by misinformation , we doe confesse that next unto the great disturbance which is likely to be the fruit of these divisions , our second griefe is that we should be forced to procure your Excellencies discontent , which doth appeare unto us by the heavy charge layed against us of Rebellion and disobedience ; we do assure your Excellency , that we have done no more than our Solemne Engagement did inforce us unto ; this is the testimony of our conscience in the presence of God , concerning our Engagement . We do acknowledge our selves your Excellencies souldiers , who have engaged our lives under your conduct through all difficulties , in order to the procurement of peace of this Nation , whereof we are a part : But being lately designed by lot to be divided and sent over into Ireland , for the prosecution of that service which we think necessary to be performed , but looking back unto our former Engagement , we find that we cannot in conscience to our selves , in duty to God , in respect of this N 〈…〉 , and our fellow souldiers , undertake that ser 〈…〉 but by such a decision as may be agreeable to 〈…〉 Engagement , made at Triploe heath , Iune 5. 1647. where we did with one consent solemnely engage one to another in the presence of God , not to disband nor divide , to suffer our selves to be divided untill satisfaction were given according to a Councell of the Army consisting of two Officers and two souldiers of every Regiment , indifferently chosen , together with the Generall Officers concurring ; And being now departed from our obedience to you , because , ( according to our apprehensions ) you kept not Covenant with us in performing the engagement , we do promise not to harbour any evill thought , nor use any act of hostility against you unlesse necessitated thereunto in our owne defence , ( which the Lord prevent . ) All that we desire ( the searcher of hearts is our witnesse ) is that your Excellency would call a Generall Councell , according to solemne engagement , to sit once in 14 daies at the least , according to an Act made in the Generall Councell at Putney . In the judgement of this Councell acquiescing , we wil not refuse to give account of our proceedings ; and we will every man with cheerefulnesse returne to our obedience , and submit to your Excellency and the judgement of the Councell , in all matters that concerne us as souldiers . This we beg earnestly of your Excellency to grant in respect of your duty to God , this Nation , and the Army ; that we may thereby recover our peace , and procure the happinesse of this Nation . Mhis is the desire of our soules ; if you deny this we must lay at your doore all the misery , bloudshed , and ruine which will follow . May it please your Excellency , IN our last , we gave you information that the Regiments were marched to Abingdon , and intended to quarter there this night , but in our marching thither we found them quartered at Wantage and in the Villages adjacent . We have had some conference with them , and communicated your Excellencies letter , which is to be communicated to them all to morrow at the Randezvous intended at Stanford plain , neere Farringdon , at ten of the clock , where Collonell Harrisons Regiment had engaged to meete with them , as they said ; and that there are the agents of 6 Regiments with them , & are tursted for the managing of the affaires of the whole ; the chiefe thing they seemed to insist upon , is the procuring a Generall Councell , consisting of two Officers and two private Souldiers of each Regiment , as is agreeable to the Solemne Engagement , by which Councell they said they will be included in matters to which that Solemne engagement referres unto ; and say that they were now justly put upon the claime of the same , being commanded to divide or disband . There are many honest men among them , and some too furious and impatient in their desires , and expresse much dissatisfaction at the disbanding Collonel Hewsons men with a fortnights pay , and that there was the like offered to them , if they would not engage for Ireland ; some spake dissatisfaction at the proceeding against Mr. Lockyer , and of the strict dealing with the prisoners in the Tower . They think themselves much injured by reports , which they intend to declare for the King ; if there be moderate proceeding , the differences may probably be taken up , but certainely there is nothing more probable to prove destructive then furious proceeding , but we shall pray to God to direct your Excellency and Councell in this matter of such weighty concernment , and intreat that hostility may be prevented , untill all other just meanes indefectuall ; we now heare that they remove quarters from Wantage this night , and promise to direct us to their rendezvous in the morning . We have no more at present to informe your Excellency , but that we are your Excellencies humble servants . We have given them some hint of the Declaration that was drawn to be printed , if your Excellency have thoughts of it , for their view , we humbly conceive it might do well to have it against too morrow . May it please your Excellency , WE the Officers of Col. ●●goldesbyes Regiment being very sensible of the sad disasters which are like to fall upon this Nation , by the distractions and divisions which are at this present in the Army and People of the Nation ; And when we consider that the differences are amongst those which hav alwayes fought under one Banner , in subduing the common Enemies of the Nation , which Enemies we conceive are againe ready to take the opportunitie ( by these our differences ) to involve this wasted and languishing Nation in a new Warre ( if God by his Providence doe not prevent the same ) and in regard that we are likewise very sensible of the danger and calamities which threaten to fall upon us , and the whole Nation ( by reason of the irregular proceedings of those of your Army , who have throwne off discipline and government ( which proceedings we doe dislike ) in case those divisions and breaches be not made up ) we have humbly addressed our selves to your Excellency , that in your wisedome , and with the advice of your Generall Councell , there may be no good way left unassayed , in endeavouring the making up those wide breaches : And to that end we have here presented to your Excellency such things as we conceive may very much tend to accomplish the same , and likewise may conduce in taking away the occasion of suspition of such honest men as are perswaded that your Excellency nor the Army will not endeavour the settlement of this Commonwealth , according to what your Excellency and the Army have often declared , but especially in the Remonstrance made at Saint Albans : And therefore we shall only set downe these things following , which in our apprehensions are of great concernment in the laying of a foundation to the establishment of a Government of Peace of this Commonwealth , as also to the composing of the differences now in your Excellencies Army ; to wit , First , that so short and limited a time may be fixed , wherein this Parliament shall certainly end , as may stand with justice . Secondly , that this Commonwealth may be setled by an Agreement made amongst the faithfull People of this Nation : In which Agreement , we desire that provision may be made for the certain , beginning and ending of all future Representatives , and for the removing of Grievances . These particulars we humbly conceive have a very necessary attendancy to the settlement both of your Excellencies Army , as also to the well-being of the whole Nation ; we have therefore presented the same to your Excellencies serious Consideration , further acquainting your Excellency , that our Regiment is at present in a quiet and peaceable condition , and under good discipline , and that we may keep them so , and prevent them from falling into those irregularities that others are run into , & that we may give your Excellency a good account of this Garrison , hath been one of the grounds in offering the premises to your Excellencies Consideration : All which we leave to the wisedome of your Excellency , and subscribe our selves , May 14 ▪ 1649 : Your Excellencies most humble servants . WHereas through Gods mercy a mutinous Party against the Army , and in Actuall Armes against the Peace of the Nation , whereby they are guilty of Rebellion and Treason , are lately routed , and some of them taken Prisoners , the rest escaped and fled , these are therefore to desire you to cause diligent search to be made after those who have so escaped , whether they be found on Horseback or on Foot : And also to cause hue and cry to be made after them , and such of them as shall be found , to secure and in safe custody cause to be kept , either in Gaole , or otherwise , as shall be most fit for securing of them , to the end , for the future safety of the Nation , Justice may be done according to Law . Given under my hand and Seale the fifteenth day of May , Anno Dom. 1649. Tho : Fairfax . To all Sheriffs , Justices of the Peace , High and petty Constables , and all other Officers whomsoever . After the apprehending of any Persons , by vertue hereof , I desire notice may be given unto me with all convenient speed . FINIS . 
A87861	----	The true coppy of a letter sent by Mr Speaker to the sheriffes of severall counties. Namely: Worcester, Cambridge, Huntington, Lecester, North-hampton, Warwick, and Rutland. Which have not as yet paid in the poll-money. With the copy of an order sent from the Lords and Commons now assembled in Parliament to these severall counties before-named, for the speedy transportaion of that money to York for disbanding of his Majesties army. And they that are found faulty, shall incurre both the ill-opinion and severe punishment of both Houses of Parliament. August 24. 1641. Lenthall, William, 1591-1662. This text is an enriched version of the TCP digital transcription A87861 of text R11625 in the English Short Title Catalog (Thomason E171_23). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 6 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A87861 Wing L1092 Thomason E171_23 ESTC R11625 99859089 99859089 111155 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A87861) Transcribed from: (Early English Books Online ; image set 111155) Images scanned from microfilm: (Thomason Tracts ; 30:E171[23]) The true coppy of a letter sent by Mr Speaker to the sheriffes of severall counties. Namely: Worcester, Cambridge, Huntington, Lecester, North-hampton, Warwick, and Rutland. Which have not as yet paid in the poll-money. With the copy of an order sent from the Lords and Commons now assembled in Parliament to these severall counties before-named, for the speedy transportaion of that money to York for disbanding of his Majesties army. And they that are found faulty, shall incurre both the ill-opinion and severe punishment of both Houses of Parliament. August 24. 1641. Lenthall, William, 1591-1662. England and Wales. Parliament. [2], 5, [1] p. s.n.], [London : Printed in the yeare, MDCXLI. [1641] "Worcester, "Lecester," are bracketed together; as are "North-hampton, Rutland." Place of publication from Wing. Identified as Wing E2379 on UMI Microfilm Set "Early English books, 1641-1700". Reproduction of the original in the British Library. eng Poll tax -- Great Britain -- Early works to 1800. A87861 R11625 (Thomason E171_23). civilwar no The true coppy of a letter sent by Mr Speaker to the sheriffes of severall counties.: Namely: Worcester, Cambridge, Huntington, Lecester, N Lenthall, William 1641 991 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-02 TCP Assigned for keying and markup 2007-03 Apex CoVantage Keyed and coded from ProQuest page images 2007-04 Pip Willcox Sampled and proofread 2007-04 Pip Willcox Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE TRVE COPPY OF A LETTER SENT BY Mr SPEAKER To the Sheriffes of severall Counties . NAMELY : Worcester , Cambridge , Huntington , Lecester , North-hampton , Warwick , AND Rutland . Which have not as yet paid in the Poll-Money . With the Copy of an Order sent from the LORDS and COMMONS now assembled in PARLIAMENT to these severall Counties before-named , for the speedy transportation of that Money to York for disbanding of his Majesties Army . And they that are found faulty , shall incurre both the ill-opinion and severe punishment of both Houses of Parliament . August 24. 1641. Printed in the Yeare , MDCXLI . A LETTER SENT FROM Mr SPEAKER TO THE SHERIFFES OF SEVERALL COUNTIES , By the Command of the HOUSE of COMMONS . THe House of Commons did hope that in so great a time , and so visible a Necessity of present money , no private person , much lesse any publique Officers , would have bin so slow , incontributing their assistance to the Poll-money , but by the not comming in of this , from the slow and slender comming of it , from others ; together with more particular Informations ; Wee are forced to beleeve , that both Payers , Assessorts , Collecters , and Returners , are in fault concerning it . I am therefore commanded , to let you know from the House , that as you tender your own , or the publique good , you make all possible haste in returning such moneyes as you have ready , and that you make knowne to the Commissioners , that ( if wee be not by them prevented ) the House intends to make a Revenue of the Assesments , to the end , that wherein the Assessors either through partiality ; should be found either to have left any uncharged , whom the Act chargeth , or to have charged any lower then they are charged by the Act : those that should be found faulty , may incurre both the ill opinion , and severe punishment of Parliament , as Contemners of the greatest Authority , in a time of greatest necessity ; and by that Contempt , being causes of the Armyes lesse speedy disbanding , to the danger as well as the unsupportable , and unnecessary Expence of this Kingdome . AUGUST the 24. 1641. August the 24. 1641. AN ORDER OF The Lords and Commons in Parliament , concerning the more speedy Transportation of the Poll-money to Yorke , for disbanding of His Majesties Army . WHEREAS it is enacted , that the Sheriffes of the Counties , and Cities hereafter named , shall amongst others , pay such summes of Money , as they shall receive for Poll-money , to the Treasurer , in the Act named in the Chamberlaines Office , within the City of London . Now forasmuch , as their long delay , and slow payment is very burthensome and dangerous to the Kingdome ; because the Kings Army in the North , by this meanes remaines undisbanded , to the insupportable charge of the Common-wealth . For the more speedy reliefe of the Kingdome , the LORDS and COMMONS in this Parliament assembled , doe hereby order and ordaine , that the severall Sheriffes of VVorcester , Cambridge , Huntington , Liecester , North-hampton , Rutland , VVarwicke , and of the Cities that are Counties within those Countries , and every of them respectively : shall forthwith upon notice of this Order , send such Moneyes now in their hands , or shall come to his hand , or any of their hands respectively , or to the hands of his under Sheriffe or Deputy , or to the hands of any of their under Sheriffes , or Deputies , respectively under a sufficient Guard and Convoy to the City of Yorke , to pay the same to Sir VVilliam Vindall , Knight , Treasurer of his Majesties Army , now thee residing , taking his Acquittance for the same : which Acquittance the said severall Sheriffes respectively shall send to the Chamber of London ; and that the said Treasurer in the Act named , shall accept of the same , as if so much Money were paid in the specie , and shall deliver an Acquittance or Acquittances for the same , which shall be as sufficient a discharge to the said severall Sheriffes , as if the Money had bin paid there . And the said Treasurer of the Army , is hereby required , that he shall as speedily as he may , after the receit of any such summes from any of the Sheriffes afore-mentioned , send up to the said Treasurer of the Chamberlain of London , present and distinct Certificates of the same . It is further ordered , that the severall Sheriffes of the Counties through which these Moneyes doe passe , shall provide a sufficient Convoy to guard the same through the severall Counties : and that the Sheriffes under whose charge the money is , shal have allowance for Transportation thereof in their severall Accounts . Lastly , it is ordered , that a strict Account be taken of the proceedings of the severall Sheriffes ; As also , the Treasurer of his Majesties Army , and of the Treasurer appointed by the Act , and of their obedience , and conformity to this Order : and if any shall faise therein , it shall be interpreted as a great neglect of the safety of the Kingdome , and contempt of both Houses of Parliament ; for which they shall be called to answer , and make satisfaction aswell for their offence , as for such dammage as the Common-wealth hath under-gone by their default . FINIS . 
A94682	----	To the Right Honorable Will: Lenthal Speaker to the Parliament By him to be communicated to the Members sitting at Westminster. This text is an enriched version of the TCP digital transcription A94682 of text R211510 in the English Short Title Catalog (Thomason 669.f.23[15]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A94682 Wing T1716 Thomason 669.f.23[15] ESTC R211510 99870231 99870231 163671 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A94682) Transcribed from: (Early English Books Online ; image set 163671) Images scanned from microfilm: (Thomason Tracts ; 247:669f23[15]) To the Right Honorable Will: Lenthal Speaker to the Parliament By him to be communicated to the Members sitting at Westminster. Lenthall, William, 1591-1662. 1 sheet ([1] p.) Printed for Edward Thomas at the Adam and Eve in Little Brittain, London : 1659. [i.e., 1660] An address from the county of Berks, praying for a Free Parliament and the recall of the Members secluded in 1648. Annotation on Thomason copy: "Jan. 26." Reproduction of the original in the British Library. eng England and Wales. -- Parliament -- Early works to 1800. Great Britain -- Politics and government -- 1649-1660 -- Early works to 1800. Berkshire (England) -- History -- 17th century -- Early works to 1800. A94682 R211510 (Thomason 669.f.23[15]). civilwar no To the Right Honorable Will: Lenthal Speaker to the Parliament. By him to be communicated to the members sitting at Westminster. Lenthall, William 1659 467 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-06 TCP Assigned for keying and markup 2007-06 Aptara Keyed and coded from ProQuest page images 2007-07 Emma (Leeson) Huber Sampled and proofread 2007-07 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion To the Right Honorable WILL : LENTHAL Speaker to the PARLIAMENT . By him to be communicated to the MEMBERS Sitting at Westminster . WHEREAS Wee the Gentlemen and Freeholders of this County of Berks , were generally met together at Abingdon , upon some intimation of an Election of a Knight of the Shire , in pursuance of your Order , for the filling up of this Parliament ; and that some solicitations were used throughout the County for Voyces , and being jealous to be surprised therein by any Clandestine carriage of the Writ : And whereas at this Meeting it was further taken into consideration , that this County have with the rest of this Nation been deeply sensible of many insupportable grievances and oppressions of late dayes , occasioned through the want of a real , setled , and regular Government ; and in particular , that the Commissioners for the Militia having formerly charged the Countrey to provide Arms , which was done accordingly , the said Commissioners do yet direct their Warrants for the bringing in of Twenty shillings for every Foot Arms ; which we are very confident is besides the intent of the Act which impowers them , and are ignorant otherwise by what Authority they proceed therein ; That therefore , having seriously consulted the Remedies which might be proper for these and the like Inconveniences for the future , and by Gods blessing reduce us unto a firm , free , and legal settlement of our Rights , Civil and Religious ; Wee conceived it to be our duty towards God and our Countrey , without any private ends whatsoever , to declare our selves in this sense ; That we take the most satisfactory expedient for it , will be , the recalling of all those Members that were secluded in 1648. and that before the first force upon the Parliament . And , that in the Elections which shall be of any other Members in the vacant places , such due course may be taken , as that the Countrey may not any way be surprised or over-awed therein : And , that the secluded Members may be admitted to Sit without any Oath or Engagement to restrain their Freedome in the least ; Wherein we shall be ready to defend You and Them with whatsoever is dearest unto us , against all opposition : And pray unto Almighty God for his assistance to the happy accomplishment of what may best conduce to the Peace and Safety of this Nation . [ This is subscribed by most of the chief Gentlemen and Freeholders of the County of Berks. ] LONDON , Printed for Edward Thomas at the Adam and Eve in Little Brittain . 1659. 
A80116	----	A collection of such of the orders heretofore used in Chauncery, with such alterations & additions thereunto, as the Right Honorable the Lords Commissioners for the Great Seal of England, by and with the advice and assistance of the Honorable the Master of the Rolls, have thought fit at present (in order to a further reformation now under their Lordships consideration) to ordain and publish, for reforming of several abuses in the said court, preventing multiplicity of suits, motions, and unnecessary charge to the suitors, and for their more expeditious and certain course for relief. England and Wales. Court of Chancery. This text is an enriched version of the TCP digital transcription A80116 of text R209283 in the English Short Title Catalog (Thomason E1377_4). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 86 KB of XML-encoded text transcribed from 52 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A80116 Wing C5195 Thomason E1377_4 ESTC R209283 99858765 99858765 110823 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A80116) Transcribed from: (Early English Books Online ; image set 110823) Images scanned from microfilm: (Thomason Tracts ; 180:E1377[4]) A collection of such of the orders heretofore used in Chauncery, with such alterations & additions thereunto, as the Right Honorable the Lords Commissioners for the Great Seal of England, by and with the advice and assistance of the Honorable the Master of the Rolls, have thought fit at present (in order to a further reformation now under their Lordships consideration) to ordain and publish, for reforming of several abuses in the said court, preventing multiplicity of suits, motions, and unnecessary charge to the suitors, and for their more expeditious and certain course for relief. England and Wales. Court of Chancery. Lenthall, William, 1591-1662. Keble, Richard, fl. 1650. Whitlocke, Bulstrode, 1605-1675 or 6. 92, [10] p. Printed by John Macock for Francis Tyton, and are to be sold at his shop at the three Daggers neer the Inner-Temple, Fleetstreet, London : 1649. With an initial imprimatur leaf. Marginal notes. Signed on p. [93]: B. Whitelock C.S.[,] Rich. Keble C.S.[,] W. Lenthall Master of the Roles. Annotation on Thomason copy: "Nouemb: 7". Reproduction of the original in the British Library. eng England and Wales. -- Court of Chancery -- Early works to 1800. Equity pleading and procedure -- England -- Early works to 1800. Law reform -- Great Britain -- Early works to 1800. A80116 R209283 (Thomason E1377_4). civilwar no A collection of such of the orders heretofore used in Chauncery,: with such alterations & additions thereunto, as the Right Honorable the L England and Wales. Court of Chancery. 1649 13401 11 0 0 0 0 0 8 B The rate of 8 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2007-02 TCP Assigned for keying and markup 2007-02 Apex CoVantage Keyed and coded from ProQuest page images 2007-03 Mona Logarbo Sampled and proofread 2007-03 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A COLLECTION Of such of the ORDERS Heretofore used in CHAVNCERY , With Such Alterations & Additions thereunto , as the Right Honorable the Lords Commissioners for the GREAT SEAL of ENGLAND , By and with the advice and assistance of the Honorable the Master of the Rolls , Have thought fit at present ( in Order to a further Reformation now under their Lordships Consideration ) to Ordain and Publish , FOR Reforming of several Abuses in the said Court , preventing Multiplicity of Suits , Motions , and unnecessary Charge to the Suitors , and for their more expeditious and certain course for Relief . LONDON , Printed by John Macock for Francis Tyton , and are to be sold at his shop at the three Daggers neer the Inner-Temple , Fleet street . 1649. Imprimatur , Hen : Scobell , Cleric . Parliament . Pleadings . THat no Councellor do put his hand to any Bill , Answer , or other Pleading , unless it be drawn , or at least perused by himself in the paper-draught , before it be engrossed , ( which they shall do well , for their own discharge , to sign also after perusal . ) And Councell are to take care that the same be not stuft with repetitions of Deeds , Writings , or Records in Haec Verba ; but the effect and substance of so much of them only , as is pertinent and material to be set down , and that in brief terms , without long and needless traverses of points not traversable , tautologies , multiplication of words , or other impertinencies , occasioning needless prolixity , to the end the ancient brevity , and succinctness in Bills , and other pleadings , may be restored and observed . Much less may Councel incert therein any matter meerly criminous or scandalous under the penalty of good costs to be laid on such Councel , and payd to the party grieved before such Councel be heard in Court . Pleas & Demurrers . FOrasmuch as the Defendant being served with process to answer , may by advice of Councel , upon sight of the Bill only , be enabled to demur there unto , if there be cause ; or may by like advice be enabled to put in any just Plea , which he hath in disability of the person of the Plaintiff , or to the Jurisdiction of the Court : It is therefore Ordered , That such Demurrer , or such Plea in disability , or to the Jurisdiction of the Court under the hand of Councel learned , shall be received and filed , although the Defendant do not deliver the same in person , or by Commission ; And therefore if the Defendant shall pray a Commission , and thereby return a Demurrer only , or only such Plea which shall be afterwards over-ruled , the Defendant shall pay five Marks costs ; and although it be allowed , the Defendant shall have no costs in respect of the Plaintiffs needless trouble , occasioned by such Commission . No Demurrer shall be said to be received , or to be of effect in Court , until the same be filed to the Bill in the custody of the six Clerk , being the Plaintiffs Attorney . No more shall any Bill , Answer , or other Pleading , be said to be of record , or to be of any effect in Court , until the same be filed with such of the six Clerks , with whom it ought properly to remain . Every Demurrer shall express the several Causes of Demurrer , and shall be determined in open Court . And such Pleas also as are grounded upon the substance and body of the matter , or extend to the Jurisdiction of the Court , shall be determined in open Court : And for that purpose the Defendant is to enter the same with the Register , within eight days after the filing thereof ; or in default of such entry made , the same shall be disallowed of course , as put in for delay , & the Plaintiff may then take out Proces to enforce the Defendant to make a better answer , and pay forty shillings costs , and the same shall not afterwards be admitted to be set down or debated , unless ( upon special reason shewed to the Court before such Proces to make better answer be taken out ) it shall be otherwise ordered by the Court . And if any cause of Demurrer shall arise , and be insistest on at the debate of the Demurrer ( more then is particularly alledged ) yet the Defendant shall pay the ordinary costs of over ruling a Demurrer , ( which is hereby ordered to be five Marks ) if those causes which are particularly alledged be disallowed , although the Bill , in respect of that particular , so newly alledged , shall be dismissed by the Court . A Plea of Outlary , if it be in any Suit for that duty , touching which , relief is sought by the Bill , is insufficient according to the Rule of Law , and shall be disallowed of course , as put in for delay , and the Plaintiff may ( notwithstanding such Plea ) take our Proces to enforce the Defendant to make a better answer , and pay five Marks costs ; Otherwise a Plea of Outlary is always a good Plea , so long as the Outlary remaineth in force , and therefore the Defendant shall not be put to set it down with the Register : And after the said Outlary reversed , the Defendant upon a new Subpena served on him , and payment unto him of twenty shillings costs , shall answer the same Bill , as if such Outlary had not been : But if the Plaintiff conceive such Plea of Outlary through mispleading , or otherwise , to be insufficient , he may , upon notice given to the Clerk , on the other side set it down with the Register to be Debated with the rest of the Pleas and Demurrers in Course ; but if the Plaintiffe shall not in such case enter it with the Register , within eight days after the same shall be filed , the Defendant may take out Proces against the Plaintiff for his Ordinary Costs of five marks , as if the same had been heard . The Dependancy of a former suit for the same matter , is also a good Plea , and therefore the Defendant shall not be put to set it down with the Register . But if the Plaintiffe be not satisfied therewith , the same shall be referred to one of the Mesters of the Court to certifie the truth thereof : and if it shall be determined against the Plaintiff , he shall pay to the Defendant , five pounds Costs . But such Reference shall be procured by the Plaintiff , and a Report thereupon within one Moneth after the filing of such Plea , otherwise the Bill to stand dismissed of course , with the ordinary Costs of seven nobles . If after a Suit Commenced at the Common-Law , or any other inferiour Court , a Bill shall be exhibited in this Court to be relieved for the same matter , the Dependancy of the former Suit shall be admitted as a good Plea , and the Defendant not be put to motions for an Election , or Dismission : and that Plea shall be proceeded in , as in Case of a Plea of a former Suit Depending in this Court for the same matter . If the Demurrer be grounded only upon some Error , slip , or mistake in the Bill , the Plaintiff without Motion shall be permitted of Course to amend the same , paying to the Defendant , or his Attorney to his use , twenty shillings Costs . But if the Plaintiff shall not within eight days after such Demurrer put in , amend , or alter it , and pay the Costs , then the Demurrer shall stand to be determined in Court , and if the same be ruled against the Plaintiff , he shall pay the Ordinary Costs for over-ruling a Demurrer . If the Plaintiffe or his Attorney in Court shall , within eight days after a Demurrer filed , give notice to the Defendant , or his Attorney in Court , under either of their hands , that the Plaintiff doth admit the Demurrer to be good , and shall pay the Defendants Attorney , or his Clerk in Court , fourty shillings Costs ; then the Defendant shall not need to attend his Demurrer : but the Bill shall stand dismist of Course without Motion , unlesse the Parties , or their Attorneys on both sides shall agree to an amendment of the same , but such dismission is to be no Bar to a new Bill to be exhibited by the Plaintiff . Answers . AN answer to a matter charged as the Defendants own fact , must regularly be without saying to his Remembrance , or as he Believeth , if it be laid to be done within seven years before , unlesse the Court upon exception taken , shall finde special cause to dispence with so positive an Answer . And if the Defendant deny the Fact , he must traverse or deny it ( as the cause requires ) directly , and not by way of Negative pregnant . As , if he be charged with the receipt of a summe of Money ; he must deny , or traverse that he hath not received that summe , or any part thereof , or else set forth what part he hath received . And if a Fact be laid to be done with divers circumstanees , the Defendant must not deny or traverse it literally , as it is laid in the Bill , but must Answer the point of substance positively and certainly . VVhen the Defendent hath answered , the Plaintiff is to be well advised upon the answer ; and if he shall find that upon the answer alone without further proofe , there be sufficient ground for a finall Order or Decree , the Plaintiff may procure his Attorney to present the same in course to be set down , to be heard upon Bill and Answer , without further lengthning of the cause ; but in case the Court shall not find grounds to make a Decree or finall Order thereupon , the Bill shall be dismissed with costs , or the Plaintiff admitted to reply if he desire it , first paying down 5. l. costs to the Defendent or his Clark , which if he shall not do in foure daies after such hearing , then the dismission to stand , and the conclusion of the Order upon hearing , is to be penned by the Register accordingly , that the said Bill stand dismissed without any further order or direction , and then such dismission shall be a good plea in Barre of any new Bill for the same matter . If a hearing be prayed upon a Bill and Answer , the answer must be admitted to be true in all points , and no other evidence to be admitted , unlesse it be matter of record , to which the answer refers and is proveable by the record . The Plaintiff is therefore to be well advised therein , that the Court be not put to an unnecessary trouble , and himselfe to a certaine charge , in bringing his cause to hearing , which will not beare a Decree . VVhereas the Defendent hath put in an answer , if the Plaintiff hath proofs for the matters denied , he is not to insist upon the insufficiency of the answer , if the same be good to a common intent , but proceed to replication and proofe , to avoid charge and expence of time in cavilling with answers . If exceptions be put in to an Answer after the Terme , the Defendent shall not be compelled to stay in Towne , to attend the Plaintiffs exceptions , but shall have time to answer untill the fourth day of the next Terme , unlesse the Court shall find speciall cause to hasten it , and shall see Order in open Court . When a Plaintiff excepteth to a Defendents Answer , he shall set downe his exceptions in writing , and the same Terme the answer is filed , or within eight daies after that Terme , deliver the same exceptions to the Councell , whose hand is to the Answer , or to the Defendents Attorney in Court , and if the Defendent shall within the times before limited respectively satisfie the Plaintiff of the invalidity of those exceptions , or put in a perfect or better Answer , and pay xx s. costs , then the Plaintiff may reply thereunto . But if the Defendent shall faile to do the same , or put in a second insufficient answer , then the Plaintiff may get the said answer , or answers referred ; and if the same shall be ruled insufficient , the Defendent shall pay forty shillings costs ; and in case the Plaintiff shall procure a reference of the answer , and the same be ruled good , the Plaintiff shall pay the Defendent forty shillings costs . If the first Answer be certified insufficient , as aforesaid , the Defendent shall pay forty shillings costs , if the Answer were put in person ; but if the same came in by Commission , the Defendent shall pay fifty shillings costs , and no new Commission shall be awarded for taking any second Answer , unlesse it be by Order made in Court , and Affidavit made of the parties inabilitie to travell , or other good matter to satisfie the Court touching that delay , and first paying the costs of such insufficient Answer , or by the Plaintiffs own assent for the expediting of his Cause . If the second answer be reported insufficient unto any of the points formerly certified , ( which are only to be insisted upon without any new exceptions ) the Defendent shall pay three pounds costs ; and upon the third answer foure pounds costs ; and upon a fourth answer certified insufficient , he shall pay five pounds costs , and be examined upon Interrogatories to the points reported insufficient , and shall be committed till he hath perfectly answered those Interrogatories , and payed the costs , in respect of the great vexation and delay which in such case will happen to the Plaintiff . If upon perusall of the answer , the Plaintiff shall find it will be necessary to make proof of one , or few particulars , then the Plaintiff is to reply to those particulars only , and not draw into pleadings and proofs any more , then the points necessary to be proved : And in case upon the hearing it shall appeare that the Plaintiff might have had as full relief on Bill and Answer , the Plaintiff shall not only go without costs , but shall pay the Defendent good costs , to be assessed by the Court , albeit he be relieved upon the merit of his cause , in respect of the Defendents needlesse vexation . If a Bill be regularly and justly dismist of course , or by order for want of prosecution , no motion shall be admitted for the retainer thereof without a Certificate from the Defendents Atturney in Court , that the costs of the dismission are paid , to the end unnecessary charge to the parties by severall motions for one and the same matter may henceforth be avoided . Examination of Witnesses . IN case the parties proceed to examine Witnesses , the Interrogatories are to be penned with care , that the same be pertinent , and onely to the points necessary to be examined unto : and the Witnesses are to be sorted & examined on those interrogatories only that their testimony doth extend unto , without the needlesse interrogatories of matters unnecessary and immateriall , as well to avoid the charge of both parties , Plaintiff and Defendent , in superfluous examinations , as that apt Interrogatories ( which are the life of the Cause ) may be exhibited . The Examiners ( in whom the Court reposeth much confidence ) are themselves in person to be diligent in examination of Witnesses , and not intrust the same to meane and inferior Clarks ; and are to take care to hold the Witnesse to the point interrogated , and not to run into extravagances and matters not pertinent to the question , thereby wasting paper for their own profit , of which the Court will expect a strict accompt . The Examiners are to take care that they imploy under them in their Office , none but persons of known integrity and ability , who shall take an oath not to deliver or make knowne directly or indirectly to the adverse party , or any other save the Deponent , who coms to be examined , any of the Interrogatories delivered to be examined upon , any examination by him taken or remaining in the Examiners Office , or extract , copy , or breviate thereof , before publication be thereof passed , and copies thereof taken . And if any such Deputy , Clerk or person so imployed , shall be found faulty in the premises , he shall be expulsed the Office , and the Examiner who so imployed him , shall be also answerable to the Court for such misdemeanour , and to the party grieved for his costs and damages sustained thereby : and such Solicitor or other person , who shall be discovered to have had a hand therein , shall be liable to such censure for the offence , as the Court shall find just to inflict upon him . No Witnesse shall be examined in Court by the Examiner , without the privity of the adverse party , or of his Attorney or his Attorneys Clerk , who deales for the adverse party , to whom the person to be examined shall be showed , and a note of his name and place of dwelling delivered in writing , by such as shall produce him , and the Examiner is to take care , and be well satisfied that such notice be given , and then shall add to the title of the Witnesses examination , the time of such notice given , and the name of the person to whom it is given , and by whom , that at the hearing of the cause , the Suitor be not delayed , upon pretence of want of notice . For prevention of perjury and other mischiefs often appearing to the Court , the Examiner is to examine the deponent to the Interrogatories directed seriatim , and not to permit him to read over , or heare read any other of Interrogatories , untill that in hand be fully finished , much lesse is he to suffer the Deponent to have the Interrogatories , and pen his owne Depositions , or to depart after he hath heard an Interrogatory read over , untill he hath perfected his examination thereunto : and if any Witnesse shall refuse so to conform himselfe , the Examiner is thereof to give notice to the Attorney , or Clark of the other side , and to proceed no further in his examination , without the consent of the said Attorney or Clark , or Order made in Court to warrant his so doing . In examining of Witnesses , the Examiner shall not use any idle repetitions , or needlesse circumstances , nor set downe any answer to the questions , to which the Examinant cannot depose other then thus , To such an Interrogatory this Examinant cannot depose . And in case such impertinencies be observed by the Court , the Examiner is to recompence the charge thereof to the party grieved , as the Court shall award . The Examiner shall not examine any Witnesse , to invalid the credit of any other Witnesse , but by speciall Order of the Court , which is sparingly to be granted : and upon exceptions first put into writing , and filed with the Examiner without Fee , and notice thereof given to the adverse party or his Attorney , together with a true copy of the said exceptions , at the charge of the party so examining . From henceforth the Fee taken by the Examiner , upon the producing of a Witnesse to be examined by him , shall be deducted to the party Plaintiff or Defendent , who paid the same , when the Copies of such Witnesses Depositions are taken out by him , and such Exhibitions whereupon any Witnesse is examined , shall be alwaies ●ndorsed and certified by the Examiner , at the same time that the Witnesse is thereupon examined , and his examination perfected and subscribed . When Witnesses are examined in Court upon a Schedule of Interrogatories , there shall be no new Interrogatories put in to examine the same Witnesses ; nor shall any Witnesses be examined in Court after the day of publication , though they were sworne before ; so as a copy of the Rule or Order whereby publication passed , be delivered to the Examiner , that he may take notice thereof . If the Defendent being served with a Subpoena to rejoyne and joyne in Commission , shall not upon request by the Plaintiffs Clark , made to the Defendents Clark , deliver Commissioners names , by the end of that terme , wherein the Subpoena ad rejungend . is returnable ; The Plaintiff may without motion or Petition take the Commission ex parte . The Plaintiff ought regularly to have the carriage of the Commission for examination of Witnesses , as often as any is sued forth : but if through the default of him or his Commissioners , the same be not executed , he shall pay unto the Defendent such reasonable costs , as the Defendent shall by oath make appeare , he was put unto by such failer , and shall renew the Commission at his owne charge , but the other side shall have the carriage of such new Commission . And the like shall be done to the Plaintiff , where the Defendent for just reason hath obtained the carriage of the Commission ; and if through any errour of the Clark in making out the said Commission , or misnaming the Commissioners or parties , or the like , the execution of a Commission shall be put off , the party put to charge in attendance of such Commission , shall receive his costs to be ascertained by his oath as aforesaid , from him that obtained such Commission , and the Clark that made out the same , or his Superiour the Attorney in Court , ( who is answerable for him ) shall make restitution thereof to the Client and Suitor . If both sides joyne in execution of a Commission , and the one side produceth and examineth all his Witnesses , and the other side doth not , but prayeth a new Commission , the same shal not be granted ( unless it be by consent of the parties , or their Attornies in Court , ) but upon oath of good cause , why he could not then examine all his Witnesses . And in case the same be granted , the party praying the same shall bear the reasonable charge of the other side , both of renewing & executing the Commission , to be ascertained by Oath , and the other side shall be at liberty , to crosse examine the Witnesses produced by him that reneweth the Commission . But if he shall not onely crosse examine the Witnesses of the adverse party , but examine new Witnesses , he shall beare his part of the charge . If at the instance of a Defendent , a Commission to examine Witnesses be renewed , either for a default by him or his Commissioners , or because he did not examine all his Witnesses by the first Commission , he shall at his perill examine all his Witnesses by such renewed Commission , or in Court by the returne of such Commission without more or further delay , and no more Commissions to issue , except for examination beyond the seas , by Order in Court , or by consent of the Attorney . Upon the returne of a Commission , if the same be executed by both parties , one rule onely shall be given for Publication , and if the said Commission be not renewed , or another obtainby the Plantiff or Defendent within that time , then Publication shall passe , and no Commission shall be afterwards granted or renewed , without speciall Order in Court . Upon the taking out of copies of Depositions examined in ●ou●t , o● by Commission either by the Plaintiff or Defendent , no Fee shall be taken by the Six Clarks or the Examiner for the copies , either of the Plaintiffs or Defendents respective Interrogatories , save onely the Clarks usuall Fee for the writing thereof . Depositions of Witnesses in severall causes , which are meerly crosse causes , ( viz. ) between the same parties , and touching the same matter , may be used at the hearing of both causes ( coming to hearing together ) without any motion or order in that behalf . VVhere either party Plaintiff or Defendent obtaineth an order to use Depositions of VVitnesses taken in another cause , the adverse party may likewise use the same without motion , unlesse he be upon speciall reason shewed to the Court , by that party first desiring the same , inhibited by the same order so to do . No motion shall be made in Court or by Petition , for suppressing of Depositions as irregularly taken , untill the six Clerks not toward the cause have been first attended with the complaint of the party grieved , and shall certifie the true state of the Fact to the Court with their opinion : if the Attornies or Clerks on either side shall not for the ease of their Clients agree before them , for which purpose a rule for attendance of the six Clerks in such case shall be entred of course with the Register , at the desire of the party complaining , which shall warrant their proceedings and certificate to the Court . Proces . EVery Subpoena to answer shall be served personally , or left at the Defendents dwelling house , or place of residence with one of that family , and no Clerk of this Court shall issue any attachment for not appearing , but on Affidavit first made , positive and certaine , of the day and place of such service of the Subpoena , and the time of the returne thereof , whereby it shall appeare that such service was made ( if in London , or within twentie miles , foure dayes at the least excluding the day of such service ; and if above twentie miles , then to have been ) eight daies before such attachment entred ; and that such attachment shall not be discharged , but on payment of twenty shillings costs if the service be personall , and ten shillings if otherwise , and so the succeeding Proces to be double . Every Subpoena to make a better answer , shall also contain a clause for payment of the costs ordinary in that behalfe , and the Suitor not be put to take out severall Writs , nor prosecute severall contempts , as in that case hath been used ; and if upon the service of such Subpoena , the costs be not paid , the answer of such Defendent shall not be received or filed , unlesse the said costs be also delivered and payed to the Plaintiffs Clark , together with the said answer , but Proces of contempt shall issue in that case , as for want of an answer , at the returne of the said Subpoena . A Subpoena ducens tecum ( when the Defendent confesseth in his answer , the having of any writings materiall to be examined upon , or confest to belong to the Plaintiff ) may be taken out by the Plaintiff of course without motion , for the Defendent to bring them into Court , or shew cause , &c. But if the Defendent either confesse not the having them in his hands , or makes his title by them , or to them by his Answer , he shall be excused from any contempt , although he neither bring them into Court , nor shew cause , and if the Plaintiff shall notwithstanding prosecute a contempt in that behalfe ( and the case upon the Defendent his answer appear to be such ) he shall be thereof discharged , and have his costs . The Subpoena ad audiendum Judicium shall be served either on the person of the Defendent , or left at his dwelling house , where his family then resides : or in case oath be made that he cannot be found to be served personally , and that he hath no certaine dwelling , or is beyond the Seas , the Court will Order the leaving of a Subpoena with his Attorney in this Court to be a sufficient service . All Proces of contempt shall be made out into the County , where the party prosecuted is resident , unlesse he shall be then in or about London ; in which case it may be made into the County , where the party then is . And if any person shall be taken upon Proces otherwise or irregularly issued , the party so taken first appearing unto , and satisfying the Proces which did regularly issue against him , shall be discharged of his contempt , and have his full costs to be taxed of Course by the six Clerks not towards the Cause for such undue or irregular prosecution , from the time that the error first grew without motion or other order . Every suitor who prosecuteth a contempt shall do his best endeavour to procure each severall Proces to be duly served and executed upon the party prosecuted , and his wilfull default therein appearing to the Court , such person offending shall pay unto the party grieved good costs , and lose the benefit of the Proces returned without such endeavour . That all Attachments in Proces shall be discharged upon the Defendents payment , or tender to the Plaintiffs Clerk & refusall of the ordinary costs of the Court , & filing his Plea , Answer or D●mu●rer ( as the case regularly requires ) without any motion in Court in that behalfe . And if after such conformity and payment of the costs , ( or tender and refusall thereof ) any further prosecution shall be had of the said contempt , the party prosecuted shall be discharged with his costs . Commissions to answer . AFter a contempt duly prosecuted to an Attachment with Proclamation returned , no Commission shall b● made to Answer , nor Plea or Demurrer admitted , but upon motion in Court , and Affidavit made of the parties inability to travail , or other good ●atter to satisfie the Court touching that delay . The Defendent who is served with a Subpoena ad respondend . and obtaineth a Commission to answer in the Country , shall without more words have the same liberty there by to Answer , Plead , and Demur , as he had by the originall Proces , if he could have appeared in person . After a Commission once obtained to answer , no second Commission shall be granted without speciall Order of Court ; or the Plaintiffs owne assent under his hand . And if the time for the Defendents answering be inlarged upon Affidavit , that he or they cannot answer without fight of Writings in the Country , or in respect of the length of the Bill or the like , which shal not be without speciall Order in Court , no Commission shall be afterwards granted without like speciall Order of Court , upon good reason shewed to induce the same , or the like assent of the Plaintiff . In case where the Defendent sits all Process of contempt and cannot be found by the Serjeant at Armes , or makes a rescue , a Sequestration shall be granted of the land in question . And if the Defendent render not himself within a yeare , then an Injunction for the possession , and the profits so sequestred to be delivered over to the Plaintiff . Injunctions . FOr that it is agreeable to equity , and the constant practise of this Court , that a Defendent obtaining a Commission to take his Answer in the Country , should not by that delay or favour of the Court , get an advantage against the Plaintiff , by proceeding at Law in the meane time , It is Ordered , that from henceforth every Commission to take an Answer in the Countrey shall containe in it a clause of Injunction to stay the Defendents suit at Law ( if any be ) touching the matter complained of in the Bill untill he hath answered the Bill , and the Court given other Order , so as issue were not joyned at Law , before the returne of the Subpoena served upon the Defendent , and in that case to stay judgement for the like time , so that the taking of such Commission under seale , shall be a sufficient notice and service of the said Injunction , without motion or other trouble to the Plaintiff , whereupon for breach to ground an Attachment , upon Affidavit of a proceeding at Law after the Commission prayed . No Injunction to stay Suits at Law shall be granted upon priority of suit onely , nor upon the bare surmise of the Bill ; but upon the Defendents delay or wilfull contempt in not Answering , or upon matter confessed in the Answer , or matter of Record , or writing plainly appearing , or the duty demanded appearing to be very ancient . Where a Bill comes in after a Verdict a Law for a debt , an Injunction is not to be granted , without depositing the principall money , except there shall , upon hearing both sides , appeare to the Court in the Defendents Answer , or by deed under hand and seale , or other good matter for relief in equity . And an Injunction granted in such case , or otherwise upon the merit of the cause or equity appearing to the Court , is regularly to stand , untill the hearing of the cause , unlesse the Plaintiff delay the cause , in which case he may best be quickned , by dissolving the Injunction . For avoiding multiplicity of references heretofore used , and charged to the suitor , It is Ordered that where a motion is made for an Injunction to stay a suit at Law upon allegation of matter of equity confest in the answer , the Councell moving the same , shall have that suggestion fair written in his hand , and read or truely open the same to the Court : and if the Court hold that matter of sufficient weight , will thereupon grant an Injunction as is desired , without reference , report or further motion , and then the Register is in Court to receive the said suggestion so fairly written , and insert the same verbatim in the Order for granting the Injunction . But if the said suggestion be untrue in the substance thereof , upon construction of the whole Answer , and the Defendent be prosecuted by the Plaintiff for breach of the Injunction granted thereupon , he shall be cleare from any contempt in that behalfe and have his costs , and such Councell shall justly incurre the displeasure of the Court . Where an Injunction to stay suits is obtained upon a misinformation made to the Court , ( as of matter confessed in the Defendents Answer which in truth is not so confessed , or if confessed in one place , is avoided in another part of the Answer , or upon other such like plaine abuse to the Court , in that case the party prosecuted with contempt for breach of such Injunction shall upon his examination ( the matter appearing as asoresaid ) be discharged of any contempt , although he hath proceeded at Law after such Injunction granted , and also have his costs taxed for his wrongfull vexation , by the same Master to whom the contempt shall be referred without other motion in Court , which also shall be done in like cases , where a contempt stands referred to a Master of the Court , he shall tax costs , and certifie the same in his report to the Court , together with his opinion touching the contempt , as well for the prosecutor in case the contempt be confessed or proved , as for the party examined if he be cleared thereof . For avoiding the many motions heretofore frequently made , touching dissolving and continuing Injunctions , it is Ordered , That when an Injunction is granted till Answer and further Order , if no Order be made within fourteen daies , ( after the Answer duly filed in Court ) for continuance of the Injunction , the same shall stand dissolved without further motion upon Certificate only of the Register . Injunctions to quiet possession ( usually granted for preservation of the publike peace , and prevention of force ) shall not be granted before hearing , but upon oath that the Plaintiff was in actuall possession at the time of the Bill exhibited , ( and not of Rents or other things which lie not in manuall occupation : ) and for such possession as the Plaintiff himself had at the time of the Bill exhibited and three yeares before , but not to be extended further to the possession of such from whom he claimes , or of him and his Tenants , much lesse him and his Assignes or the like . Which Injunction shall not be extended to give the Plaintiff any other possession then he had at the time when the motion was made . And such Injunction in case the Plaintiff delay to bring his cause to hearing is also to be dissolved . No Injunction to quiet such possession shall extend to hinder the Defendents proceedings at Law to evict the Plaintiff , or from making any lease , or peaceable entry , or single distresse for that end . No possession shall be taken from any person by colour of any such Injunction before the cause be heard . And if any be , the Court will restore possession and award costs . Injunctions against felling of timber , ploughing up of Meadow or ancient pastures not ploughed in twenty yeares before , or for maintainance of Inclosures that have continued for the better part of twenty yeares shall be granted as usually they have been , but no Defendent who by Answer claims an estate of Inheritance , or other estate dispunishable of wast , shall be thereby restrained , unlesse it be particularly so Ordered and mentioned in the said Injunction . And upon motion made for such Injunction , the case is to be truly opened as it stands in Court , and the Defendents Glaime by his Answer if he have answered . When the day is appointed for setting downe Causes for the follovving Terme , the fix Clerks shall present the Causes according to their priority in Publication , to be set downe in their Order , so as the old Causes may be first heard and dispatched . And for that purpose with the names of each Cause they shall present the time when Publication passed , with a short note of the nature of every such cause presented . And accordingly the Court will give Order for setting them downe , so that puyne Causes shall not thrust out those that were ready for hearing before them . Provided that no Cause be presented the same Terme in which Publication shall passe . Where no Councell appears for the Defendent at the hearing , and Proces appears to have been duely served , the Answer of such Defendent shall be read , and if the Court upon such hearing shall find cause to Decree for the Plaintiff , yet a day shall regularly be given to the Defendent to shew cause against the same , but before he be admitted thereunto , he shall pay downe to the Plaintiff or his Attorney in Court such costs as the Court upon that hearing shall assesse , and the Order is to be penned by the Register accordingly , ( viz. ) it is decreed so and so , &c. unlesse the Defendent shall by such a day pay to the Plaintiff or his Attorney in Court costs , and shew good cause to the contrary , and such Defendent upon his shewing cause shall first produce a Certificate from the Plaintiffs Attorney in Court , that he hath paid the costs or Affidavit of tender and refusall thereof . The reasons of the judgement of the Court are in such case where the Defendent makes default to be by the Register shortly inserted in the Order , that the Defendent may know how to apply his cause without a new hearing , but if the Court shall not receive satisfaction thereupon to alter or conforme the decretall Order , but that a new hearing shall be requisite , the Defendent ( if the Court shall confirme their first Order upon the second hearing , shall also pay the Plaintiff his full costs expended in the suit . If the Court upon the hearing of a Cause shall give no reliefe to the Plaintiff , the Defendent shall have costs awarded him in respect of his causlesse vexation . And where a Decree is made against a Defendent the Court will likewise give costs to the Plaintiff as there shall be cause . Where costs are awarded by the Court and the party shall refuse to pay them and be afterwards prosecuted and found in contempt for not paying of them , he shall not be discharged of such his contempt , untill he shall pay the said costs double , over and besides the costs taxed , for the prosecution of the said contempt . Where Causes are removed by speciall Certiorari upon a Bill containing matter of equity ; the Plaintiff is before he have the Certiorari granted , to put in bond to be taken by the Register , to prove his suggestions within fourteen daies after the receipt of his Writ , which if he shall faile to do , upon certificate from the Examiners that no Witnesses are examined , or upon a report that the suggestions are not proved , the Court wil dismisse the Bill with costs , and award a Procedendo . Decrees . NO Decree bindeth any man that cometh in bona fide by conveyance before the Bill exhibited , and is made no Pertie either by Bill or Order . But where he claimes in trust for such person against whom the Decree is made or comes in dependente lite without allowance or privity of the Court it is otherwise . No Decree shall recite the Bill , Answer , pleadings or Depositions or any of them verbatim , but onely the short state of the matter and the Decretall Order , and the opinion and judgement of the Court . No Decree being once under the Great Seale shall be reversed or altered at the suit of the person against whom the Decree is made , or any man claiming in privity , by , from or under him , but by Bill of review onely . But in case of mistaking in a Decree which is demonstrative , viz. an errour in auditing or numbring , mistaking the date or the like , by the leave of the Court the same may be certified without a Bill . That all Decrees and dismissions pronounced upon hearing the cause in this Court be drawne up , signed and enrolled before the first day after the next Michaelmas or Easter Term after the same shall be so pronounced respectively , and not at any time after , without speciall leave of the Court . That a short entry and Docquet be made in a Register book kept by the Register of this Court , or such Clerk as he shall appoint for that purpose of all Decrees that are drawne up and enrolled , whereby any Lands or Lease is decreed or charged with any sum of money , annuity , &c. & of the Lands in particular , and the Parish , or Town and County where the same lie , to the end that any person that hath occasion may resort to that Register Book , to see whether any Decree be made touching such Lands , houses , &c. and in case no such entry be made within six moneths after such Decree shall be signed by the Lords Commissioners for the great Seal and enrolled , the same shall not prejudice any Purchaser , who shall bona fide purchase any estate in such lands , houses , &c. after the time limited for such entry to be made . That the six Clerks , and all other Clerks of this Court doe therefore take care for their Client , that such entry be made of all Decrees by them drawn up and inrolled by the time before limited , that the Client do not suffer through their neglect : And that the Register shall take onely the Fee of twelve pence for such entry , twelve pence for a Certificate , and four pence for a search where no Certificate is made . In case of a Decree for lands upon Oath made , that the same hath been personally served , and is not obeyed , and an Attachment is issued under Seale for such contempt , the Court doth usually grant an Injunction for the possession , and upon Oath made of the serving thereof upon the party , and that the same is not obeyed , a Commission is to be awarded to some of the Justices of the Peace of that County , to put and keep the Plaintiff and his Assignes in possession , and in case of resistance , a Writ of assistance is to be awarded to the Sheriffe for that purpose . Where the party is committed , or brought in by a Serjeant at Arms for breach of a Decree , he is not to be inlarged untill he hath performed the Decree in all things that are to be presently done , and given security by Recognizance with Sureties , as the Court shall order , to performe the other parts of the Decree ( if any be to be performed ) at future dayes and times appointed by the Decree . Where the party is committed for breach of a Decree , or Order of Court , he ought to be restrained within the Fleet , and not permitted to go abroad without speciall license of the Court . Where a Decree is made for Rent to be paid out of the land , or a sum of money to be levied out of the profits of lands , there a Sequestration of the same lands being in the Defendents hands , or of any rent reserved to the Defendent out of the same lands may be granted . Where causes are dismissed upon full hearing , and the dismission signed and inrolled , such causes are not againe to be retained , nor any new Bill admitted , except it be a Bill of Review , or upon matter of like nature , as in case where a Decree is sought to be avoided , and upon like security and allowance of the Court . Bills of Review . TO the end that after a Decree made the party may be at peace , and multiplicity of suits be avoided , no Bill of Review shall be admitted , except it containe either error in Law appearing in the body of the Decree , without either averment , or further examination of matters in fact , or upon new matter discovered in time after the Decree made , and whereof the party could not have had advantage before ; and upon such Bill of Review no Witnesses shall be examined to any matters which were or might have been examined unto upon the former Bill ; but upon Oath made of such new matter discovered as aforesaid , a Bill of Review may be exhibited by leave of the Court and not otherwise . No Bill of Review shall be admitted , nor any other Bill to change matters decreed , except the Decree be first obeyed and performed : But if any Act be decreed to be done , which extinguisheth the parties right at Common Law , as making of assurance or release , acknowledging satisfaction , cancelling Bonds or Evidences , and the like , or where the error is apparent in the body of the Decree , as aforesaid , the Court upon motion may dispense with the actuall performance of that part of the Decree till the Bill of Review be determined . No Bill of Review shall be allowed , except the party that prefers it ( giving notice to the Defendent therein ) do first enter into a Recognizance with Sureties before some Master of the Court in ordinary , of a fit penalty in relation to the matter decreed for the satisfaction of the costs and damages if the Bill of Review be dismissed . Contempts . VVHere a contempt is prosecuted against any man he shall not be put to move the Court as formerly hath been used , either for Interrogatories to be exhibited , or for reference of his examinations and discharge being examined . But where any person shall be brought in by Proces or shall appeare gratis to be examined upon a contempt , he shall give notice of such his appearance to the Attorney or Clerk of the other side : And if within eight daies after such appearance and notice given Interrogatories shall not be exhibited whereon to examine him ; or if being examined , no reference shall be procured of his examination , nor Commission taken out by the other side , nor Witnesses examined in Court to prove the contempt within one moneth after such examination , then the party so examined shall be discharged of his contempt without further motion , and may attend any one of the Masters of the Court for the taxing of his costs , which the Master is to tax without further Order , and that taxation being entred in the Register the party may proceed for the same of course , as in like cases of costs taxed . If after appearance and Interrogatories exhibited as aforesaid , the party appearing shall depart before he be examined ( without leave of the Court ) he is upon motion and Certificate from the Register , and of such his departing and not being examined , and of the Interrogatories exhibited from the Examiner , to stand committed without further day given unto him , and is not to be discharged from such his contempt untill he hath been examined and been cleared of his contempt . And if he shall upon his Examinations or by proofs be found in contempt , he shall cleare such his contempt and pay the prosecutor his costs , before he be discharged of his imprisonment . And although he be cleared of his said contempt yet he shall have no costs , in respect of his disobedience in not being examined without the prosecutors trouble and charges in moving the Court as aforesaid . In case of prosecution of a contempt for breach of an Orderof the Court or otherwise grounded upon an Affidavit , the Interrogatories shall not be extended to any other matter then what is comprehended in the said Affidavit or Order . And if any other shall be exhibited , the party examined may for that reason demurre unto them , or refuse to Answer them . Where the party prosecuted upon a contempt hath denied it , or the same doth not clearly appeare by his Examinations , the prosecutor may take out a Commission of Course to prove the contempt , and in such case the party prosecuted may name one Commissioner to be present at the execution of the Commission , and may henceforth ( notwithstanding the former usage to the contrary ) crosse examine the Witnesses produced against him , to prove the contempt , but is not to examine any Witnesses on his part , unlesse he shall satisfie the Court touching some matter of Fact necessary to be proved for clearing the truth . In which case the Court if there be cause will give leave to him to examine Witnesses to such particular points set down , and the otherside may crosse examine such Witnesses . But the Interrogatories on both sides are to be included in the Commission . Where a contempt is prosecuted against one who by reason of age , sicknesse or other cause is not able to travaile , or in case the same be against many persons who are servants or workmen and live far off : the Court will upon motion and Affidavit thereof , grant a Commission to examine them in the Countrey ▪ Which Commission shall be sued out and executed at the charge of the person or persons desiring it , directed to such indifferent Commissioners as the prosecutor of the contempt shall name ( as in other cases ) and one Commissioner onely at the nomination of the party prosecuted as aforesaid . Which Commission shall be executed at such convenient time and place , as the six Clerks not towards the cause upon hearing the Clerks on both sides shall set downe . Upon every examination or proof of a contempt referred to any of the Masters of the Court , to certifie whether the contempt be confessed or proved or not : the Master in his Certificate thereof made to the Court shall likewise assesse and certifie the costs to either party , as there shall be cause without other Order or motion made for that purpose . Commitment . THe Court being tender of the liberty of mens persons , and to avoid their imprisonment upon malicious Affidavits , which are often made by one mean and ignorant person , and which hath heretofore by the course of the Court drawn on a Commitment , doth Order , That from henceforth where oath shall be made of misdemeanour in beating or abusing the party upon serving of the Proces or Orders of the Court , the party offending is to stand committed upon motion , and no examination is in that case to be admitted . And where Affidavit shall be made by two persons , of scandalous or contemptuous words against the Court or the Proces thereof , the party offending shall likewise stand committed upon motion without any further examination . And a single Affidavit in such case shall be sufficient to ground an Attachment , whereupon such person shall be brought in to be examined . And if the misdemeanour shall be confessed , or proved against him , he shall stand committed until he satisfie the Court touching his said misdemeanour , & pay the prosecutor his costs : and if he shall not be thereof found guilty , save by the oath of the party who made such Affidavit , he shall be discharged , but without any costs , in respect of the oath made against him , as aforesaid . That no Order whatsoever , except decretal or final Orders upon hearing be received to be entred after the space of eight days , to be reckoned from the day of the Order pronounced exclusivè : And if the party on whose behalf the motion is made do not prosecute the drawing up of the Order within 4. days , the Register is to do the same according to his notes at the instance of the adverse party . Masters . THE Masters are not upon the importunity of Councel ( how eminent soever ) or their Clyents , to return special certificates to the Court , unless they are required by the Court so to do , or that their own judgment in respect of difficulty leadeth them unto it . Such kinde of certificates for the most part occasioning a needless trouble , rather then ease to the Court , and certain expence to the Suitor . Their Certificates and Reports are to be drawn as succinctly as may be ( preserving the matter clearly for the judgement of the Court ) and without recital of the several points of the Orders of Reference ( which do sufficiently appear by the Orders themselves ) or the several debates of Councel before them ; unless that in cases where they are doubtfull , they shortly represent to the Court , the reasons which induce them so to be . The Masters of the Court are to take notice , That when the Court requires to be satisfied from them touching any matter alledged to be confessed , or set forth in the Defendants Answer ; it is intended that without further Order they should take consideration of the whole Answer or Answers of the Defendant , and certifie not only whether the matter be so confessed or set forth , but also any other matter , avoiding that confession , or ballancing the same , that the Court may receive a clear and true information . The Masters in taking Affidavits , and administring of Oaths in cases duly presented unto them , are to be circumspect and wary that the same be reverendly and knowingly given and taken , and are therefore to administer the same themselves to the party , and where they discern him rash , or ignorant , to give him some conscionable admonition of his Duty , and be sure he understand the matter contained in his Affidavit , and read the same over , or hear it read in his presence , and subscribe his name or mark thereunto before the same be certified by the Master , who is not to receive or certifie any Affidavit , unless the same be fairly and legibly written without blotting , or interlineation of any word of substance . In all matters referred to the Masters of the Court , their Certificate ( not being to ground a Decree ) if it be positive is to stand , and Proces may be taken out to enforce performance thereof without further motion , unless the adverse party upon notice given ( to his Attorney or Clerk in Court ) that such report is filed against him , shall within eight days after such notice ( if it be given in Term , or whiles the General Seals for motions are held , or within four days in the next Term , if it be given after ) obtain some Order in Court to controle or suspend the same . And in case of an insufficient Answer certified by the Masters , the Plaintiff may immediately take out Proces against the Defendant for his Costs , and to make a better Answer as hath been formerly used . Where after Certificate or Report made by the Masters of the Court , either Party shall appeal from the same , to the judgement of the Court , he shall first file his exceptions thereunto briefly , with the Register and deposite with him , Fourty shillings to be paid to the other Party for his Costs , if he prevail not in such Appeal . And then the Register shall enter such Causes of Appeal in a paper in order as they are brought unto him to be determined by the Court in course upon days of motions , and notice thereof to be given by the party appealing , to the Clerk of the other side . And also the Registers Paper to be set up in the Office two days before . And if the Court shall not alter the Masters Report , then the fourty shillings deposited to be paid to the Party defending the same , with such increase as the Court shall finde cause to impose , otherwise to be restored to the party appealing , and both without charge . Petitions . NO Injunction for stay of Suit at Law shall be granted , revived , dissolved , or staid upon Petition . Nor any Injunction of any other nature shall pass by Order upon Petition , without notice and a Copy of the Petition first given to the other side , and the Petition filed with the Register , and the Order entered . No Sequestration , Dismission , Retainers upon dismissions or final Orders , are to be granted upon Petition . No former Order made in Court is to be altered , or explained upon a Petition ; no Commitment of any person taken upon Proces of contempt to be discharged by Order made upon Petition , unless in the Vacation , and upon hearing the adverse Party his Attorney or Clerk in Court . No Commissions for examinations of witnesses , shall be awarded or discharged , nor examinations suppressed upon Petition , except it be upon point of the Course of the Court first referred to the six Clerks not towards the Cause and certificate thereupon . Paupers . After an admittance In forma Pauperis , no Fee , Profit , or Reward shall be taken of such Party admitted , by any Councellor or Attorney for the dispatch of the Paupers business , during the time it shall depend in Court , and he continued In forma pauperis ; nor any contract , nor agreement be made for any Recompence , or Reward afterwards . And if any Person offending herein shall be discovered to the Court , he shall undergo the displeasure of the Court , and such further punishment as the Court shall think fit to inflict upon him , and the party admitted , who shall give any such Fee or Reward , or make any such contract , or agreement , shall be from thenceforth Dispaupered , and not be afterwards admitted again in that Suit to prosecute in forma pauperis . If it shall be made appear to the Court , That any Person prosecuting in forma pauperis , hath sold or contracted for the benefit of the suit , or any part thereof whiles the same depends , such cause shall be from thenceforth totally dismissed the Court , and never again Retained . Such Councel , or Attorney as shall be assigned by the Court to assist the Person admitted in forma pauperis , either to prosecute or defend , may not refuse so to do , unless they satisfie the Lords Commissioners , or Master of the Rolles who granted the admittance , with some good reason of their forbearance . That Councellor who shall move any thing to the Court , on the behalf of a Person admitted in forma pauperis , ought to have the Order of admittance with him , and first to move the same , before any other motion . And if the Register shall finde that such person was not admitted in forma pauperis , he shall not draw up any Order upon the second motion made by any such Councel , but he shall lose the fruit of such second motion in respect of his abuse to the Court . No Proces of Contempt shall be made forth and sent to the Great Seal at the suit of any Person prosecuting as Plaintiff in forma pauperis , untill it be signed by the six Clerk who deals for him , and the six Clerks are to take care , that the such Proces be not taken out needlesly , or for vexation , but upon just and good cause , as they will answer it to the Court , if the contrary shall appear . And lastly ; it is Ordered , That all Masters of the Court of Chancery , Councellors , and all Officers , Ministers , Clerks , and Solicitors in the said Court , do observe these Orders , which are to continue until upon further Consideration and experience , any Alterations shall be thought fit to be made therein . B. Whitelocke C. S. Rich. Keble C. S. W. Lenthall Master of the Roles . An Alphabetical Table . A   Fol. Reg. ANswer to matter of Fact . 15 10 Time to answer exceptions . 19 14 Time to deliver Exceptions to an Answer . ib. 15 Further insufficient Answers , and Costs for them . 21 16 Appeals from Masters Reports . 85 93 B   Fol. Reg. SVccinctness in Bills . 5 1 Certiorari Bill . 61 63 Bills of Review . 69 76 Not to be admitted till obedience , except in particular cases , 70 77 And upon security . 71 78 C   Fol. Reg. CAuses to be set down according to priority of Publication . 57 58 Commission to Answer gives liberty to Plead and Demur also . 45 45 Commission to Answer to contain an Injunction . 48 48 Not to be granted after Attach cum procl. 45 44 In what case a second Commission to Answer . 46 46 Carriage of a Commission to Examine . 32 29 Commission ex parte when ib. 28 New Commissions , and how 34 30 New Commission through the Defendants default . 35 31 Commitment for Misdemeanors on Service . 78 85 For Scandalous , and Contemptuous words against the Court . 79 86 Contempts .   Fol. Reg. Proces of Contempt into the proper County . 42 41 Endeavour to be used in serving it . 43 42 To be discharged on payment of the Costs , or on Tender and refusall . 44 43 Appearance on Contempts . 72 79 Departure without b●ing Examined . 73 80 In what case a Commission shall be to Examine Contemners . 76 83 Commission to prove a Contempt of course . 75 81 Contemners , when to be discharged . 66 72 When restrained . 67 73 Costs for insufficient Answer . 19 15 For further insufficient Answer . 21 16 Masters to tax Costs on Contempts of Course . 78 84 Costs to be given on hearing 60 61 Contemner to pay the Costs double . ib. 62 D   Fol. Reg. DEcrees , who is bound by them , and who not . 62 64 To be drawn briefly . ib. 65 Not to be altered but by Bill of Review , 63 66 Save in mistakes demonstrative . ib , 67 When to be enrolled . ib. 68 An entry to be made of the lands &c. 64 69 Clarks to take care it be done . 65 70 Prosecution of Decrees for Lands . ib. 71 For money out of Lands . 67 74 Default at hearing . 58 59 Demurrer to put in without personal attendance or charge of Commission . 7 2 Demurrers to express the causes . 9 4 Demurrer upon a slip or mistake . 14 9 No demurrer after Attach cum proc . 45 44 Demurrer being admitted the Bill to be dismissed of Course . 14 6 Depositions in Cross causes . 37 34 Depositions in another cause . ib. 35 Depositions to be suppressed , and how . ib. 36 Dismission for non-prosecution not to be retained till costs paid . 23 18 Dismissions on hearing . 68 75 E   Fol. Reg. TIme to answer Exceptions . 19 14 Time for Exceptions to be delivered . ib. 15 Examiners Duty . 25 20 To have care of their Clerks , and be answerable for them . ib. 21 Examiner to avoid impertinences . 29 24 No Examination after publication . 31 27 H   Fol. Reg. HEaring on Bill and Answer . 17 11 What evidence admitted . 18 12 Default at hearings . 58 59 Reasons to be expressed in the Order . 59 60 Costs to be given on hearing , 60 61 I   Fol. Reg. INterrogatories to be pertinent . 24 19 No new Interrogatories for the same witnesses ▪ 31 27 No Fees for the Copies of the parties own Interrogatories , save for writing . 36 33 Interrogatories not to exceed the Affidavit . 75 81 Injunction contained in a Commission to Answer 48 48 Grounds for Injunctions to stay suits . 49 49 Injunction on Bills after verdict , 50 50 Injunctions on the matter without Reference . 51 51 Injunctions on mis-information . 52 52 Injunctions to be dissolved without motion , and in what cases . 53 53 Injunctions to quiet Possession . 54 54 Not to hinder Suits , Lease , Entry , or Distress . 55 55 Not to extend to take away Possession ib. 56 Injunct . for Timber , Ploughing &c. 56 57 O   Fol. Reg. OAths reverendly to be administred and taken . 83 91 Orders to be entered in eight days . 80 87 P   Fol. Reg. PAupers not to pay Fees , 88 98 Nor to contract for the benefit of his Suit. 89 99 Councel and Attorney assigned to do their duty . 90 100 Motions for them to be first made . ib. 101 Proces of Contempt for them to be first signed by the six Clerk . 91 102 No Pleadings to be of effect till filed . 8 3 Pleadings to be succinct . 5 1 Pleas to be put in without personal attendance or Commission . 7 2 Pleas on the matter , or to the Jurisdiction . 9 4 Plea of Outlawry . 10 5 Plea of a former Suit depending . 12 6 Plea of a Suit depending in another Court . 13 7 Petitions . No Injunction to be granted by Petition . 86 64 Nor Sequestration , Dismission , Retainers upon Dismissions , or final Orders . 87 95 Nor Order altered or explained , nor Commitment discharged . ib. 96 No Commissions for Examination of Witnesses to be awarded or discharged , nor Examinations suppressed by Petition . 88 97 Proofs to be only of matters necessary . 22 17 One rule for Publication on a joynt Commission . 36 32 R   Fol. Reg. Plaintiff to Reply , if Answer good to common intent . 19 13 Reports of Masters not to be special without Order . 81 88 Nor prolix . ib. 89 To be upon the whole Answer . 82 90 Reports that are positive . 84 92 S   Fol. Reg. SErvice of a Subpoena to answer . 39 37 Subpoena for better Answer and Costs in one . 40 38 Subpoena ducens tecum to be sued out of course . 41 39 Service of a Subpoena ad audiend. . Judicium . 42 40 Sequestration on non est invent . 47 47 W   Fol. Reg. NO Witness to be exaamined without notice , &c. 27 22 Witnesses to be examined to Interr . seriatim . 28 23 Examination to the credit of a Witness , and how . 30 25 Fee for examining a Witness to be deducted . ib. 26 FINIS . Notes, typically marginal, from the original text Notes for div A80116e-200 1. Suecinctness in Bills and Pleadings 2. What Pleas or Demurers may be put in without personal attendance , or charge of Commission . 3. No Pleadings to be of effect till filed . 4. Demurers and Pleas on the 〈◊〉 Matter , or to the Jurisdiction . 5. Plea of Outlary . 6. Plea of a former suit depending 7. Plea of a Suit depending in another Court . 8. Demurrer upon a flip or mistake 9. Demurrer being admitted the Bill to be dismissed of Course . 10. Answer to matter of Fact . 11. Hearing on Bill & Answer with caution . 12. At hearing on Bill and Answer , what evidence . 13. Plaintiff to reply , if the Answer good to a common intent . 14. Time to answer exceptions . 15. Time for exceptions to be delivered , and costs for insufficient answers . 16. Further insufficient Answers , and the costs for them . 17. Proofs to be only of matters necessary . 18. Bill dismissed for want of prosecution , not to be retained till the costs paid . 19. Interrogatories to be pertinent . 20. Examiners duty . 21. To have care of their Clarks and be answerable for them . 22. Notice of a Witnesse to be examined . 23. Witnesses to be examined to Interrogatories seriatim . 24. Examiner to avoid impertinencies . 25. Examination to the credit of a Witnesse , and how . 26. Fee for examining a Witnesse to be deducted . 27. No new Interrogatories for the same Witnesse , nor examination after Publication . 28. Commission exparte when . 29. Carriage of Commissions to examine . 30. New Commission and how . 31. New Commission through Defendents default . 32. One rule on a joynt Commission . 33. No Fees for the copies of the parties own Interrogatories , save for writing . 34. Depositions in crosse Causes . Depositions in another Cause . 36. Depositions to be suppressed and how . 37. Service of a Subpoena ad respondend . 38. Subpoena for better Answer and costs in one . 39. Subpoena duc . tec . to be sued out of course . 40. Service of a Subpoena ad audiend. . Judicium . 41. Proces of contempt into the proper County . 42. Endeavour to be used in serving it . 43. To be discharged on payment of the costs , or upon tender and refusall . 44. After Att. cum Procl. no Commission , nor Plea , or Demurrer . 45. Commission to Answer gives liberty to plead and d●murre also . 46. In what case a second Com. to Answer . 47. Sequestration upon non invent . or rescue . 48. Commission to answer to contain an Injunction . 49. Grounds for Injunctions to stay suits . 50. Injunction on Bills after Verdict . 51. Injunctions on the matter without reference . 52. Injunction on misinformation . 53. Injunctions to be dissolved without motion and in what cases . 54. Injunctions to quiet possession . 55. Not to hinder suits , lease , entry or distresse . 56. Not extend to take away a possession . 57. Injunctions for Timber , ploughing . &c. 58. Causes to be set down according to Priority of Publication . 59. Default at hearing . 60. Reasons to be expressed in the Order . 61. Costs to be given on hearing . 62. Contemner to pay the costs double . 63. Certiorari Bill . 64. Who is bound and who not . 65. To be drawne briefly . 66. Not to be altered but by Bill of review . 67. Save in mistakes demonstrative . 68. When to be enrolled . 69. An entry to be made of the Lands &c. 70. Clerks to take care it be done . 71. Prosecution of a Decree for lands . 72. Contemner when to be discharged . 73. When restrained . 74. Decree for money out of land . 75. Dismission on hearings . 76. Grounds of Bill of Review . 77. Not admitted till obedience , except in particular cases . 78. And upon Security . 79. Appearance on contempts . 80. Departure without being examined . 81. Interrogatories not to exceed the Affidavit . 82. Commission to prove it of course . 83. In what cases a Com. shall be to examine Contemners . 84. Master to tax costs of course . 85. On misdemeanour on service . 86. For scandalous and contemptuous words against the Court . 87. Orders to be entred in eight daies . 88. Reports not to be special without Order . 89. Nor prolix . 90. To be upon the whole answer . 91. Oaths revertndly to be administred . and taken 92. Reports positive . 93. Appeals from them 94. No injunction to be granted on Petition . 95. Nor Sequestration , Dismission , Retainer , nor final Order . 96. Nor Order altered or explained , nor commitment discharged . 97. No Commissions to examine witnesses to be awarded , or discharged nor examinations suppressed by Petition . 98. Not to pay Fees . 99. No● to contract for the benefit of the Suit. 100. Councel and Attorney assigned to do their duty . 101. Motions for them to be first made . 102. Proces of Contempt for them to be first signed by the six Clerk . 103. 
A88212	----	The legall fundamentall liberties of the people of England revived, asserted, and vindicated. Or, an epistle written the eighth day of June 1649, by Lieut. Colonel John Lilburn (arbitrary and aristocratical prisoner in the Tower of London) to Mr. William Lenthall Speaker to the remainder of those few knights, citizens, and burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster ... who ... pretendedly stile themselves ... the Parliament of England, intrusted and authorised by the consent of all the people thereof, whose representatives by election ... they are; although they are never able to produce one bit of a law, or any piece of a commission to prove, that all the people of England, ... authorised Thomas Pride, ... to chuse them a Parliament, as indeed he hath de facto done by this pretended mock-Parliament: and therefore it cannot properly be called the nations or peoples Parliament, but Col. Pride's and his associates, whose really it is; who, although they have beheaded the King for a tyrant, yet walk in his oppressingest steps, if not worse and higher. Lilburne, John, 1614?-1657. 1649 Approx. 305 KB of XML-encoded text transcribed from 43 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A88212 Wing L2131 Thomason E560_14 ESTC P1297 ESTC R204531 99864015 99864015 116233 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A88212) Transcribed from: (Early English Books Online ; image set 116233) Images scanned from microfilm: (Thomason Tracts ; 86:E560[14]) The legall fundamentall liberties of the people of England revived, asserted, and vindicated. Or, an epistle written the eighth day of June 1649, by Lieut. Colonel John Lilburn (arbitrary and aristocratical prisoner in the Tower of London) to Mr. William Lenthall Speaker to the remainder of those few knights, citizens, and burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster ... who ... pretendedly stile themselves ... the Parliament of England, intrusted and authorised by the consent of all the people thereof, whose representatives by election ... they are; although they are never able to produce one bit of a law, or any piece of a commission to prove, that all the people of England, ... authorised Thomas Pride, ... to chuse them a Parliament, as indeed he hath de facto done by this pretended mock-Parliament: and therefore it cannot properly be called the nations or peoples Parliament, but Col. Pride's and his associates, whose really it is; who, although they have beheaded the King for a tyrant, yet walk in his oppressingest steps, if not worse and higher. Lilburne, John, 1614?-1657. Lenthall, William, 1591-1662. [4], 75, [1] p. [s.n.], London : Printed in the grand yeer of hypocriticall and abominable dissimulation. 1649. Annotation on Thomason copy: "June 18". 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Lilburne, John, 1614?-1657 -- Imprisonment -- Early works to 1800. England and Wales. -- Parliament. -- House of Commons. Civil rights -- England -- Sources. Great Britain -- Politics and government -- 1642-1649 -- Early works to 1800. Great Britain -- History -- Commonwealth and Protectorate, 1649-1660 -- Early works to 1800. 2007-04 TCP Assigned for keying and markup 2007-04 Apex CoVantage Keyed and coded from ProQuest page images 2007-05 Emma (Leeson) Huber Sampled and proofread 2007-05 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion The Legall Fundamentall LIBERTIES OF THE PEOPLE of ENGLAND Revived , Asserted , and Vindicated . OR , An EPISTLE written the eighth day of June 1649 , by Lieut. Colonel JOHN LILBVRN ( Arbitrary and Aristocratical prisoner in the Tower of London ) to Mr. William Lenthall Speaker to the remainder of those few Knights , Citizens , and Burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster ( as most fit for his and his Masters designes , to serve their ambitious and tyrannical ends , to destroy the good old Laws , Liberties and Customs of England , the badges of our freedom , ( as the Declaration against the King , of the 7 of March 1648 , pag. 23. calls them ) and by force of arms to rob the people of their lives , estates and properties , and subject them to perfect vassalage and slavery , as he cleerly evinceth in his present Case &c. they have done ) who ( and in truth no otherwise ) pretendedly stile themselves ( the Conservators of the peace of England , or ) the Parliament of England , intrusted and authorised by the consent of all the people thereof , whose Representatives by election . ( in their Declaration last mentioned , pag. 27. they say ) they are ; although they are never able to produce one bit of a Law , or any piece of a Commission to prove , that all the people of England , or one quarter , tenth , hundred , or thousand part of them authorised Thomas Pride , with his Regiment of Souldiers , to chuse them a Parliament , as indeed he hath de facto done by this pretended mock-Parliament : And therefore it cannot properly be called the Nations or Peoples Parliament , but Col. Pride's and his associates , whose really it is ; who , although they have beheaded the King for a Tyrant , yet walk in his oppressingest steps , if not worse and higher . JOHN 7. 51. Doth our Law judge any men , before it hear him , and know what he doth ? ACTS 24. 23. And he commanded a Centurion to keep Paul , and to let him have liberty , and that he should forbid none of his acquaintance to minister , or come unto him , ( although in ver . 5. he was accused for a most pestilent fellow , and a mover of sedition throughout all the world . ) ACTS 25. 27. For it seemeth to me unreasonable ( saith the heathen Judge ) to send a prisoner , and not withall to signifie the crimes laid against him . ACTS 28. 30. And Paul ( IN HIS IMPRISONMENT AT ROME UNDER THE HEATHEN PERSECUTORS ) dwelt two whole years in his own hired house , and received all that came in unto him . LONDON , Printed in the grand yeer of hypocriticall and abominable dissimulation . 1649. SIR , FOr distinction● sake , I will 〈◊〉 stile you Mr. SPEAKER , although it be but to Col. Pride's 〈…〉 Parliament , sitting at Westminster , ( not the Nation 's , for they never gave him Authority to issue out Writs , elect or constitute a Parliament for them ) and you being their mouth , I could not think of any man to whom I could better direct my Lines at 〈…〉 ( in my gr●●t Oppressions by You and your Lord and Master CROMVVEL ) then your self : And therefore cannot now chuse but put you in minde , That the 4th . April , 1648. when I was like unjustly to be destroyed by Mr. Oliver Cromwell in my late unjust and tyrannicall Imprisonment in the Tower ; I writ you a large Epistle , and stiled it in print , The prisoners Plea for a Habeas corpus ; in the 9 , 10 , 11 , 12 , 13 pages of which , I positively accuse Mr. Oliver Cromwell for a wilfull murderer , and desire you there to acquaint your House therewith ( who then had some little face of a Parliament stamp upon it ) and , That I would engage upon my life to prove him to be so by Law : You your selves in your Declaration of the 4th . March , 1647. in answer to the Scotch-Commissioners Papers Declare p. 5. 16. that the subduing the enemies forces in the Nation , ( which then were , as you there say , wholly subdued & suppressed ) though the Parliament keep up an Army , in a time of peace , when all the ordinary Courts of Justice were open , where only and alone , all Law and Justice ought to be dispensed to all Englishmen in all cases whatsoever , yea , even to Soldiers as well as others ; as in the aforesaid pages , and in Mr. Overtons and My printed Epistle to the Generall ( in Mr. Lockiers behalf ) of the 27 April , 1649. is by Law undeniably proved ; which Epistle you may read at the last end of the second Edition of my Pictur● of the 〈◊〉 to of State : And yet about or upon the 15 Nov. 1647. your W●re in Hertford-shire , He , 〈◊〉 wilfully and of●et-malice murdered Rich. Arnell , a freeborn Englishman ; and so shed the bloud of War in the time of Peace , which was Joabs case in reference to Abner and Amasa , 2 Sam. 3. 27. and 20. 10. of whom when David delivered his charge to his son Salomon , he saith thus , Moreover , thou knewest also what Joab the son of Zervich did to me , and what he did to the two Captains of the best of Israel , 〈◊〉 Abner the son of Ner , and unto Amasa the son of Jother , whom he slew , and shed the blood of war in peace , and put the blood of war upon his girdle that was about his loins ; and in his sho●s that were on his feet : Doe therefore ( saith he ) recording to thy wisdom , and he not his bo●ry head get down to the grave in peace , 1 Kings 2. 5 , 6. which charge he accordingly performed ; and so delivered himself and his Fathers house from the guilt of innocent blood , ver . 29 , 30 , 31 , 32 , 33. And you may also remember that upon the 19 of Jan. 1647 , at your Barr I openly delivered a formal charge or impeachment of high Treason ( according to your own Ordinances ) against the foresaid Mr. Oliver Cromwell , and his subtil machevilian son-in-Law Mr. Henry Iveton , for their notorious doing that in reference to the King ; for but the petty acting of which in comparison to theirs , they impeached Mr. Denzill Hollis , Sir Philip Stapleton , &c. of high Treason , ( as appeareth in their own Book of Declarations , pag. 81 , 82. Article 2 & 3. ) and forcibly expunged them your House as Traytors therefore . And in the foresaid pages of my plea for a Habeas Corp●●● , I truly acquaint you with the plot and design , Master Cromwell laid to take away my life , for but a little opposition to the King , whose professed and avowed 〈◊〉 he and his The PLEA it self thus followeth . May it please this Honourable Committee , I Was commanded by you , upon Tuesday the 13 day of this present June 1648 , to bring in an Answer this day to the Petition and complaint of Henry Wollastone Kepeer of the prison of Newgate , in which Petition he complains that I have brought an action at the common Law against him , for detaining me in safe custody according to his duty , by vertue of a Warrant from the House of Lords ; and therefore prayes indemnity for his acting therein in obedience to the Authority of Parliament , and his trebble damages , and that at common Law there may be no further proceedings in the said Action . And being demanded by the then Chairman of this Committee whether I had caused such an Action to be commenced , yea or no , I positively declared , I had , and that I had very good ground in Law so to do , considering that the Law of England ( which is my Birth-right and Inheritance ) requires , That I shall not be deprived of my Liberty but by due processe of Law , according to the Laws of the Land ; and that if any shall detain my body in prison without legall Authority , he is liable in Law to make me satisfaction therefore : but Mr. Wollastone had kept me in prison divers weeks by vertue of a pretended Warrant of the single House of Lords , who in Law , I will maintain it , have not the least power in the World to commit my body to prison : yet they did ( upon the tenth day of June 1646 , laying no crime to my charge ) command me to be kept for all my short eternity in this world ; for the Warrant is , during their pleasures : and then by another illegall Warrant , within fourteen dayes after , dated the 23 of June 1646 , they ( for no cause in the world ) commit me close prisoner , and command that I be not permitted to have pen , ink nor paper , and that none shall have acceffe unto me in any kinde , but onely my Keeper , untill the Lords otherwise please . Which most illegall Warrant Mr. Wollastone executed upon me with a great deal of severitie and barbarism , not permitting my Wife to come into the prison yard to speak with me at a distance out of my grates , nor suffering me to receive either meat , drink , or money , or any other necessaries from the hands of my Wife , servant , or friends , nor suffering me to see their faces when they sent me in my diet : All which usages are against the Laws and Statutes of this Kingdom ; and therefore I have cause and ground enough in Law , to seek for my remedy in Law against the said Mr. Wollastone ; and I hope the Members of this Committee have taken too many Oaths to maintain the fundamentall Laws of the Land , and the Liberties of the People , then now to go about to deprive me of the benefit of them . It is true , you sit here by verue of an Ordinance of both Houses , to indemnifie all those that have acted or done , or commanded to be acted ordone , any thing by sea or land , by the Authority , or for the service or benefit of this present Parliament : But under the favour of this Committee , I do conceive , That the said Ordinance , which is your Commission , doth not in the least authorise you to meddle with my present case ; forasmuch as I do not prosecute Mr. Wollastone for actions done by the Command and Authority of Parliament , but for actions done directly against their Authority publickly declared in the Laws of the Kingdom , and their own Declarations : and I hope this Committee will not so much undervalue their own House , as to adjudge the House of Lords singly to be the Parliament of England , nor their single Order to be the Parliaments Authority of England : and if not , then I cleerly conceive , that upon your own principles , you have nothing to do with my business before you ; neither can I conceive , that you can in the least judge Mr. Wollaston's illegal and barbarous actions done upon me , to be for the service and benefit of the Parliament , but rather the quite contrary , by rendering them odious and adominable in the eyes of the people , if they shall 〈◊〉 such tyrannicall doings , after they have taken so many Oathes 〈…〉 the Laws and Liberties of the Kingdom , and caused so much English bloud to be shed pretendedly therefore . Whereupon , after a little debate amongst the members of this Committee by themselves , my L. Munson the Chairman thereof was pleased to tell me , then the business was weighty , and did concern the Priviledges of the Lords Houses ; and therefore they judged it convenient to put it off till this day , and to acquaint the Lords with it , that so , if they pleased , some of them might here be present : and you also ordered me to fit my self with a formall Answer to the Petition , which accordingly I have done , and with the favour of this Committee , giving me free leave to speak , I am ready to deliver unto you , and do deliver it unto you thus . My Lord , I read in the Statutes of 4. Edw. 3. ch . 4. and 36. Edw. 3 ch . 10. and in the tyrannical Act made this Parliament 16 C. R. and in the 4 part Cooks Instit . fol. 9 11. 37. 38. 39. 41. 42. and 1 part Book Decl. pag. 701 , 702. that Parliaments are principally called for the maintenance of the Laws , and for the redresse of divers mischiefs and grievances that daily happen ; and sutable to this are the ends contained in the Writs that summon them , and the intentions of those that chuse the Members and send them . And if Parliaments be principally called for the maintenance of the Laws , and redresse of mischiefs and grievances , then not for the destruction of the Laws , not for the increase of mischiefs and grievances . And therefore when this present Parliament in the dayes of their verginity and primitive puritie , in their Actions , Declarations , and Remonstrances expressed much zeal , for accomplishing of those ends for which they were trusted in providing for the safety of the Kingdom , and peace of the people , which you call God to witness is your only aime , protesting in the presence of the all seeing deity , that the foresaid ends is the only end of all your counsels and indeavours , wherein you are resolved to continue freed , and inlarged from all private aims , personall respects or passions whatsoever , and persevere in the vigorous indevoring to preserve the Laws and Liberties of this Land , though you should perish in the work , * calling upon God , that sees your innocency ; and that you have no aims but at his glory & the publick good for protection in your straits ; I say yet notwitstanding all this , the King to make you odious , and to be deserted of the people , in several of his Declarations Declares that all these were but guilded dissimulations , it being your reall intentions to destroy Liberty and property , meum and mum , and to subvert the Lawes and introduce new forms of arbitrary government , and to introduce Anarchy , a paritie and confuon by levelling of all degrees & conditions , and to monopolise into your hands all the rich and great places in the Kingdom , for your own particular advantage and profit ; and to get such a power into your hands , as thereby to enable you inevitably to destroy all that opposed you ; and that the maintenance and advancement of Religion , Justice , Liberty , Propertie , and peace , are really but your stalking horses , and neither the grounds of the war , nor of your demands ; and that for all your fair pretences to the people , you will extirpate the Law , root , and branch , alter the whole frame of Government , and leave not any thing like Law , Liberty or Property , introduce Democracy and Parity , and leave nether King , nor Gentlemen ; and so the people will too late discover all this to their costs , that they have undone themselves with too much discretion , and obtained nothing by their compliance with you , and adherence to you , but to be destroyed last , 1 part Book Declar. pag. 284 , 285 , 298 , 316 , 320 , 334 , 378 , 514 , 515 520 , 521 , 530 , 539 , 543 , 550 , 558. 2 Part , pag. 100 , 102 , 112 , 113 , 117. In answer unto all which , to disprove what he saith , and keep up your rereputations amongst the people for a company of honest men , that really sought their good , and always intended to be as good as their words , promises , and engagements , in your declarations of the 19 of May 1642. 1 Part , Book Decl. Pag 207. you repeat your votes , against which the King excepts , the weight of which lieth in these words : That the Kingdom hath been of late , and still is in so eminent danger , both from enemies abroad , and a popish discontented party at home ; that there is an urgent and an inevitable necessity , for puting the Kingdom into a posture of defence , for the safegard thereof ; and that in this case of extreme danger , and his Majesties refusall , the Ordinance of Parliament agreed upon by both Houses for the Militia , doth oblige the people , and ought to be obeyed , by the fundamentall Lawes of this Kingdom . By all which ( say you ) it doth appear , That there is no colour of this tax , that we go about to introduce a new Law ; much less to exercise an Arbitrary power , but indeed to prevent it ; for this Law ( say you ) is as old as the Kingdom , That the Kingdom must not be without a means to preserve it self● and in the conclusion of the same Decl. Pag. 214. speaking of the many difficulties you grapple with , the many hazards you undergo in your places , you conclude thus , yet we doubt not but we shall overcome all this at last , if the people suffer not themselves to be deluded with falfe and specious shewes , and so drawn to betray us to their own undoing , who have ever been willing to hazard 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 the Kings party should prevail , herein yet ( say you ) we would not fall , through Gods grace still to persist in our duties , and to look beyond our own lives , estates and advantages , as those who think nothing worth the enjoying without the libertie , peace , and fafety of the Kingdom ; nor any thing too good to be hazarded in discharge of our consciences , for the obtaining of it ; and shall always repose our selves upon the protection of the Almighty , which we are confident shall never be wanting to us ( while we seek his glory . ) And in your Declaration of the 26 of May 1642 , which is an answer to the Kings Declaration of the 4 of May , a out the business of Hull , in the 1 Part Decl. pag. 263. speaking of the new engine of the Malignant party about the King , to beget and increase distrust , and disaffection between the King , the Parliament , and the People ; We cannot ( say you ) be so much wanting to our own innocency , or to the duty of our trust , as not to clear our selves from those false aspersions , and ( which is our chiefest care ) to disabuse the peoples minds , and open their eyes that under the false shews and pretexts of the Laws of the Land , ( frequently interwoven in his Majesties foresaid Declaration ) and of their own Rights and Liberties , they may not be carried into the road-way that leadeth to the utter ruine and subversion thereof , and to destroy them both with their own hands , by taking their Lives , Liberties , and Estates out of their hands whom they have chosen and entrusted therewith , and resigning them up unto some evil Counsellors about his Majestie , who can lay no other foundation of their own greatness , but upon the ruine of this Parliament ; and in it of all other Parliaments , and in them of the freedom of this Nation : And these are the men that would perswade the people that both Houses of Parliament containing all the Peers , & representing all the Commons of England , would destroy the Lawes of the Land , and Liberties of the People ; wherein besides the trust of the whole , they themselves in their own particulars have so great an interest of honour and estate , that we hope it will gain little credit with any that have the least use of reason , that such as must 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 hazards to make themselves slaves , and to destroy the property of their estates . But remarkable are your words in the same Declaration pag. 267. where you say , You have given no occasion to his Majestie to declare his resolution with so much earnestness , that he will not suffer either or both Houses by their votes without or against his consent to injoyn any thing that is forbidden by the Law , or to forbid any thing that is injoyned by the Law ; for our votes ( say you ) have done no such thing , and as we shall be very tender of the Law ( which we acknowledg to be the safegard and custody of all publick and private interests , &c. ) And in the same declaration having argued it soundly against the King , for the calumniations and aspersions call upon you as you are pleased to call them in ; p. 270. you have these words , All this considered , we cannot but wonder , that the contrivers of the aforesaid message , should conceive the people of this land to be so void of common-sence , as to enter into so deep a mistrust of those that they have , and his Majestie ought to repose so great a trust in , as to dispair of any security in their private estates , by dissents , purchases , assurances , or conveyances , unless his Majestie should by his vote , prevent the prejudice they might receive therein by the votes of both Houses of Parliament , as if they who are especially chosen and intrusted for that purpose , and who themselves must needs have so great a share in all grievances of the Subject , had wholy cast off the care of the Subjects good , and his Majestie had soly taken it up . And in your most notablest of Declarations , made about Agust 1642. 1 Part Book Decl. pag. 491. wherein you indeavour to give an account to the world of the justice of your proceedings , in being necessitated to take up armes against his Majesty , who you say was then in armes against you and the Kingdom , for the suppression of the Lawes and Liberties thereof ; which you say every honest man is bound to defend , especially those that have taken the late Protestation , in which Declaration you declare , that the long designe which hath been carried on to alter the frame and constitution of the Government of the Kingdom , from Law and Liberty , to slavery and vassaladge , is now come to ripeness ; there you go on to declare an Epitome of the Kings dealings with the Kingdom before this Parliament ; in which time you say the Lawes were no defence nor protection of any mans right ; all was subject to will and power , which imposed what payment they thought fit , to drain the Subjects purse of , and supply those necessities which ill councels had brought upon the King , or gratifie such as were instruments in promoting those illegall and oppresive courses . They who yeelded and complyed , were countenanced and advanced , all others disgraced and kept under , that so mens mindes made poor and base , and their Liberties lost and gone , they might be ready to let go their Religion , whensoever they should be resolved to alter it ; and then ennumerate divers strange actions of his done to the Kingdom since this Parliament ; and in pag. 494. you declare , that after his ill councel had got him from the Parliament , then they doc work upon him and upon the Queen , and perswade her to retire out of the Kingdom , and carry him further and further from the Parliament , and so possess him with a hatred of it , that they cannot put words bitter enough into his mouth , to express upon all occasions ; they make him cross oppose and envy upon all the proceedings of Parliament , incourage and protect all those that will affront it , take away all power and authority from it to make it contemptible , and of less esteem then the meanest Court , draw away the members , commanding them to come to him to York , and insteed of discharging their duty in the service of the Parliament , to contribute their advice , and assistance to the destruction of it . indeavouring an arbitrary Government , a thing ( say you ) which every honest Morall man abhors ; much more the Wisdom , Justice , and Piety of the two Houses of Parliament ; and in truth such a charge as no rational man can beleeve is , it being unpossible so many several persons at the Houses of , Parliament consist of about 600 ; and in either House all of equall power , should all of them , or at least the major part , agree in Acts of will and Tyranny , which makes up an arbitrary Government ; and most improbable that the Nobility and chief Gentry of this Kingdom , 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 meanest sort of people , with whom otherwise they would be but fellow servants ; so having given an answer to his charges laid upon you in pag. 496. you vehemently pre●●e the people to come in to the help of the Parliament ( against the Kings forces ) And save themselves their Laws and Liberties , and though both they and we ( say you ) must perish , yet have we discharged our consciences , and delivered our soules , and will look for a reward in heaven ; should we be so ill required upon earth , as to be deserted by the people , whom in the next page you tell , nothing will satisfie the King and those evill men with him , but the destruction of this Parliament , and to be Masters of Religion and Liberties , to make us Slaves , and alter the Government of this Kindom , and reduce it to the condition of some other Countryes which are not governed by Parliaments , and so by Laws , but by the will of the Prince , or rather of those who are about him ; And thersore in the zeal of your Spirits , you declare your resolved resolutions to continue firme to maintain the Laws and Liberties of your Country , according to your duty ; saying , Woe be to us if we do it not , at least doe our utmost endeavours for the discharge of our duties , and the saving of our souls , and leave the successe to God Almighty ; and you conclude with these words ; and therefore we do here require all who have any sence of piety , honour , or compession , to help 2 distressed State , and to come in to our aid and assistance . And in your reply to the Kings Answer of yours , of 26 May 1642. 1 par . Book Declar. pag. 693. you declare with indignation your abhorrance of the Kings charging you by your votes to dispose of the peoples lives , liberties and estates , 〈◊〉 to the Law of the Land , & throw back the Charge upon himself and those that are about him . And in the next page you say thus ; and for that concerning our inclination to be slaves it is affirmed , that his Majestie said nothing that might imply any such inclination in us , but sure , what ever be ovr inclination , slavery would be our condition , if we should go aboue to overthrow the Laws of the Land , and the propritey 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 turn suffer our selves , what ever we should impose upon others as in nothing we have laid upon other we haue ever refused to do or suffer our selves , and that in a high proportion And then when you come in the next page to speake of the Kings , charging of you that you afect to be Tyrants , because you will admit no rule to Govern by but your own wills , yea worse then those thirty most perfect Tyrants of Athens , spoken of by Sir Walter Rawley in his third Book of the History of the world , Chap. Sect. 2. you abhor the charge with the height of detestation , and therefore in the next page unto it , being page 696 you say We do still acknowledg that it were a very great crime in us , if we had or should do any thing whereby the title and interest of all the Subjects to their lands were destroyed ; which I say of necessitie must be , if they be deprived of the benefit of the Law , which is all I crave at your hands , and which I hope you will not deny me ; especially considering in your Declaration of the 10 of June 1642 , 1 par . Book Decla . pag. 342 , for bringing in mony and plate , you positively declare , that whatsoever is brought in , shall not at all be imployed about any other occasion , then to the purposes aforesaid , which amongst others , are principally for destroying Tyranny , maintaining of Liberty and Propriety , the free Course of Justice according to the known Laws of the Land ; but Propriety cannot be maintained , if Liberty be destroyed ; for the Liberty of my Person is more neerer to me then my Propriety , or goods ; and he that contrary to Law and Justice , robs or deprives me of the Liberty of my Person , the nighest to me , may much more by the some reason , rob and deprive me at his will and pleasure of my goods and estate , the further of from me , and so Propriety is overthrowne and destroyed ; and this if done avowedly by you , is distructive to your honours and engagements ; yea , & in an absolute violation of all your Oaths and Promises ; whereby you will be rendred , by your own actions , in the eyes of the people that trusted you , the basest and worst of men , fit for nothing but desertion , opposition and distruction ; Again how can Law be maintained , when the free execution of Justice in the ordinary course thereof shall be hindered by you ? which you in your Declaration 23 of October 1642. 1 par . Book . Declar pag. 656 ) call the soule and life of all-Laws , which ordinary course of Jestice , you in your first Remonstrance page 7 call the common birth-right of the Subject of England ; And therefore 1 par . Book Decl. pag. 660 you own it as your duty , to use the best of your endeavours that the meanest of the Commonalty may enjoy their own birth-right , freedom and liberty of the Lawes of the Land , being equally intitled thereunto with the greatest subject ; and if so ? how can you in justice and honour or conscience , deprive and ebereave me of my birth right ? the benefit of the Law of the Land , in the ordinary course of Justice in the Judicatures thereof ? who have done no actrons either by Sea or Land , but what doth become an honest , true-bred Englishman and constantly in the midst of many deaths , maintaining the Laws i and Liberties of my Native Country , which actions are consonant to the Authority of Parliament , and for the service and benefit thereof ; and therfore I ought not to be molested and troubled therefore ; especially by you , who in your Declarations in the case of the Five Members , declare 1 par . Boo. Decl. pa. 39. you are very sensible that it equally imports you , aswell to see Justice done against them that are criminous , as to defend the just rights and Liberties of the Subjects and Parliament of England ; but if you shall stop my proceedings at Common Law against Master Wollaston the Jaylour of Newgate , for keeping me there against Law by the Lords Order , You are so far from punishing the criminous , that you justifie the wicked , and condemn the righteous , break all your Oaths , Protestations and Covenants , that you have taken to maintain the Laws and Liberties of the Kingdom , and dissolve the whole frame and constitution of the Civill Policy and Government of this Kingdom into the originall Law of Nature , which crime you taxe the King with , 1 par . Book . Decl. pag. 690. yea , and thereby become destructive to the being of the Common-wealth , and the safety of the people , the preservation of which is the chief end of the Law , the institution of all Government , as you declare in your Declarations of the 6 of May 1643 & 17 April 1647. 2 part . Book . Decla . fol. 95. 879. For the Illustration of which I desire to observe this Method . First . I averre that the House of Lords have not the Least Jurisdiction in the world over me in the case in controversie betwixt us ; and I am ready upon my life to make this good by the Laws of the Kingdom against all the Judges and Lawyers in England ; but I conceive , I have already so fully done it in my three pleas against the Lords , that they are unanswerable , viz. First in my Plea before the Committee of the House of Commons , where Master Henry Martin had the Chaire 6 Novemb. 1646. And Secondly in my Plea the 20 of October 1647. before another Committee of the House of Commons , where M. Iohn Maynard had the Chaire ; And Thirdly , in my Plea before the Judges of the Kings Bench , the 8 of May 1648. all three of which I desire to communicate unto your consideration . And if the Lords by Law have no originall Jurisdiction over me , then no power to summon me , nor no power to try me nor commit me ; Wherefore M. Wollaston by Law ought to have refused to have received my body , or detained it in prison , by vertue of their illegall warrant , which being both illegall in the power that made it , & in the forme of drawing it up , he is liable to make me satisfaction in Law for executing it , which at present I illustrate out of your own Declarations , which are the most unanswerable arguments against you that I can use , Acts 17 26. Titus 1. 12. And first in your Declaration of the 17 of January 1641. 1 par . Book . Decl. pag. 38. 39. where speaking of the Five Members , you say his Majestic did issue forth severall warrants to divers Officers , under his own hand for the apprehension of the persons of the said Members , which by Law he cannot do , there being not all this time any legall charge or accusation , or due processe of Law issued against them , or any pretence of charge made known to the House of Commons ; all which are against the Fundamentall Liberties of the Subjects , and the Rights of Parliament ; Whereupon we are necessitited according to our duty to declare , That if any person shall arrest M. Ho●●● , Sir Arthur Haslerig , Master Pym , Master Hamden , Master Strode , or any of them , or any Member of Parliament , by pretence or colour of any warrant issuing out from the King onely , is guilty of the breach of the Liberty of the Subject , and of the Priviledges of Parliament , and a publick enemy to the Common-wealth ; and that the arresting of the said Members , or any of them , or any Members of Parliament , by any Warrant whatsoever , without a legall proceeding against them , and without consent of that House , whereof such a person is a Member , is against the Libertie of the Subject , and a breach of Priviledge of Parliament : and the person which shall arrest any of these persons , or any other Member of the Parliament , is declared a publick enemy of the Common-wealth . Yea , and upon the 15 of January 1641 , you voted and ordered a Charge to be brought in against Mr. Atturney General Herbert , to require of him satisfaction for his great injury and scandal that particularly be had done to the said Mr. Hollis , &c. and generally to the publick Justice of the Kingdom , in so illegally accusing the foresaid five Gentlemen , without due processe of Law , as appears in your first part Book Declarat . pag. 53. And therefore in your Petition of the 2 Feb. 1641. 1 part . Book Decl. 67. you rel the King , It is your duty to tell him of the injustice done unto the five Members , for impeaching them without due processe of Law , and to require reparations for them . And therefore in your second Petition of the same month , 1 par . Book Decl. pag. 76. 77. you tell the King again , notwithstanding all your importunity , the said five Members and the Lord Kimbolton still lie under that heavie charge of Treason , to the exceeding prejudice not onely of themselves , but also of the whole Parliament . And whereas by the expresse Laws and Statutes of this Realm , that is to say , by two Acts of Parliament , the one made in the 37 , and the other in the 38 year of the reign of your most noble Progenitor King Edward the 3 it s said , If any person whatsoever make suggestion to the King himself of any souls committed by another , the same person might to be sent with the suggestion before the Chancellor , or Keeper of the great Seal , Treasurer , and the great Councel , there to finde Surery to pursue his suggestion : which if he cannot prove , he is to be imprisoned till he hath satisfied the party accused of his dammages and stander , and made Fine and Ransom to the King : The benefit of these Laws you claim at the Kings hand , and there tell him , he ought not of right and justice to deny it to you . And also in 1 part Book Decl. pag. 101 , speaking to the King , you say Your Majesty lays a generall tax upon us ; if you will be graciously pleased to let us know the particulars , we shall give a cleer and satisfactory Answer : But what hope can we have of ever giving your Majestic safaction , when those particulars which you have been made beleeve were true , yet being produced and made known to us , appeared to be false ? and your Majestic notwithstanding will neither punish , nor produce the Authors , but go on to contract new jealousies and fears , upon generall and uncertain grounds , affording us no means or possibilitie of particular answer , to the cleering of our selves . For proof whereof we beseech your Majestic to consider ; The heavie charge and accusation of the Lord Kimbolton , and the five Members of the House of Commons , who refused no Triall or Examination which might stand with the Priviledge of Parliament : yet no Authors , no Witnesses produced , against whom they may have reparation for the great injury and infamy cast upon them , notwithstanding three severall Petitions of both Houses , and the Authority of two Acts of Parliament vouched in the last of those Petitions . And in a fourth Petition about the same business , 1 part Book Decl. pag. 123. We beseech your Majesty ( say you ) to remember , that the Government of this Kingdom , as it was in a great part mannaged by your ministers before the beginning of this Parliament , consisted of many continued and multiplied acts of violation of Laws , the wounds whereof were scarcely bealed , when the extremitie of all those violations was far exceeded by the late strange and unheard of breach of our Laws in the accusation of the Lord Kimbolton and the five Members of the Commons House , and in the proceedings thereupon ; for which we have yet received no full satisfaction . And in your Declaration of the 19 of May 2642 , 1. par . Book Dec. p 200. 201. you are very remarkable , and fly , The accusation of the L. Kimbolton , and the 5 Members of the House of Cōmons , is called a breach of Priviledge ; and truly so it was and a very high one , far above any satisfaction that hath yet been given : How can it be said to be largely satisfied , so long as his Majestic laboured to preserve his Atturney from punishment , who was the visible Actor in it ? so long as his Majestic hath not onely justified him , but by his Letter declared , that it was his duty to accuse them , and 〈◊〉 he would have punished him if he had not done it ; so long as those members have not the means of cleering their innocency , and the authors of that malicious Charge undiscovered , though both Houses of Parliament have severall times petitioned his Majestie to disco●●● them ; and that not onely upon grounds of common Justice , but by Act of Parliament his Majestie is bound to do it ; so long as the King great such to passe a Bill for their discharge , alledging , that the Nati●●tive in that Bill i● against his Honour ; whereby he seems still to ●●ow the matter of that false and scandalous Accusation , though he deserts the Prosecution , offering to passe a Bill for their acquital ; yet with intimation , that they trust desert the avowing their own innocency , which would more wound them in 〈◊〉 , that secure them in Law. And in vindication of this great Priviledge of Parliament , we do not 〈◊〉 that we have invaded any Priviledge belonging to his Majesty , as is alledged in his Declaration . But we look not upon this onely in the notion of a breach of Priviledge , which might be , though the Accusation were true or false ; but under the nation of an hainous crime in the Attourney , and all other Subjects , who had a hand in it , a crime against the Law of Nature , against the Rules of Justice , that innocent men should be charged with so great an offence as Treason , is the face of the highest Judicatory of the Kingdom , whereby their 〈◊〉 , and estates , their bloud and honour are in danger , without witnesse , without ●isdence , without all poss●bility of reparation in a legall course ; yet a 〈◊〉 of such a nature , that his Majesties Command can no more warrant , then it can any other act of injustice . It is true that those things which are evil in the●● can nature , such as a false testimony , or a false accusation , cannot bothe subject of any Command , or induce any obligation of obedience upon any man , by any Authority whatsoever ; therefore the Attourney in this case was b●●●● to refuse to execute such a Command unlesse he had had some such evidence or testimony as might have warranted him against the parties , and 〈…〉 make satisfaction if it should prove false . And further , to prove that 〈…〉 liable to punishment , that puts in execution the Kings illegall Commands , is must excellently proved , and largely evident from your own words in 〈◊〉 Book Decl. pag. 259. 260. 276. 279. 280. 721. 722. 723. 727. 803. 〈…〉 largely declare , that Alexander Archbishop of York , Robert de Ve●●● 〈…〉 Irland , &c. were executed in Richard the Second's time as Traytors , for 〈◊〉 in execution the commands of the King against the Law ; and if they are punishable that execute the commands of the King the Primitive , against Law : then much more by Law is Mr. Wollaston punishable for executing the commands of the single House of Lords the Derivative , against Law : and if in my own defence , when I was in Mr. Wollaston's custody , I had served him , for his actions done to me in pursuance of the Lords single illegall commands , ●4 Simson of Northampton-shire did Johnson in the 42 of Elizabeth for his doing actions in pursuance of the Queens Letters Patents , contrary to Law , in endeavouring by a Warrant ( flowing from the High Commission , which was established by Act of Parliament , and had legall cognizance of any facts in Controversie grounded thereupon ) to imprison his body : for doing of which , Simson ( in his own defence , and his Liber●●●● ) slew the said Johnson : For which he was justified by the Judges of Affi●e , and all the Judges of England , as you may read in Sir Edward Cook 4. part Iustitutes , fol. 333. 334. and in my Plea before the Judges of the Kings Bench , called The Laws funerall , page 214. 25. I say in case I had in my own defence , and the defence of my legall Liberties slain Wollaston &c. for executing the Lords single illegall Orders upon me for any thing I can read in the Law , he had his mends in his own hands . But to come more close upon your own principles , to prove that a single Order of the Lords cannot stand in competition with the Law , I do it , thus ; In all your Declarations you declare , that binding and permanent Laws according to the Constitution of this Kingdom , are made by King , Lords , and Commons , and so is the opinion of Sir Ed. Cook whose Books are published by your own Order , and who in the 2 part of his Institutes , fol. 48. 157 and 3 part fol. 22. and 4 part fol. 23. 25. 48. 292. saith that Act that is made by King and Lords , in Law binds not , nor by King and Commons binds not , or by Lords and Commons binds not in Law ; if so , then much more invalid is the single Order of the Lords made against Law , and can indemnifie no man that acts by vertue of it , and your Ordinances made this Parliament in time of extream necessitie , during denounced Wars , are by your selves in abundance of your own Declarations , esteemed , adjudged , declared but temporary and invalid as durable Laws , which is evidently cleer out of the 1 par . Book Decl. p. 93. 102. 112. 142. 143. 150. 171. 173. 179. 207. 208. 267. 277. 303. 305. 382. 697. 705. 709. 727. your expressions in the last page are , we did and doe say that the Soveraign power doth reside in the King and both Houses of Parliament , and that his Majesties Negative voice doth not import a Liberty to deny things as he pleaseth , though never so requisite and necessary for the Kingdom , and yet we did not nor do say , that such bills as his Majestie is so bound both in Conscience and Justice to passe , shall notwithstanding be law without his consent , so far are we from taking away his Negative voice . And if such Ordinances and Bills as passe both Houses are not Lawes by your own Doctrine , without the Kings Consent ; then , muchlesse can the Order of the single House of Lords be Lawes or supersedeaes to the Lawes ; And besides , when divers honest and well-affected Citizens , it may be out of a sensible apprehension of the mischiefs that acrue to the Kingdom by having the Supream authority lodged in three distinct Estates , which many times so falls out , that when two Estates grant things essentially good for the wellfare of the Kingdom , the third Estate opposeth it , and will not passe it , which many 〈…〉 occasions war and bloud-shed , to the hazard of the being of the Kingdom ; for the preventing of which , they framed a Petition to your House , Entitling it , To the Supream Authority of this Nation , the Commons assembled in Parliament ; in which they intreat you to be careful of the mischief of Negative Voices in any whomsoever ; which said Petition your House upon the 20 of May 1647. Voted to be burnt at the Exchange and Westminster by the hands of the Common Hangman , and lately as I am informed , there was a Petition of Master John Mildmans presented to your House , and it was rejected by them , for no other cause , but because it had the foresaid title ; and therfore you your selves , having rejected to be stiled the Supream Authority of this Nation ; I can see no ground or reason , how you can upon your own Principles , grant a supersedeas to Master Wollaston to overule my action at law against him ; and so de facto exercise the Supream Authority , which in words , you would have the Kingdom beleeve you abhorre ; neither can I i● reason or Justice conceive , that if now you should own your selves for the Supream Authority of the Nation , and the single and absolute Law-Repealers , and Law-Makers thereof , how you can deprive me of the benefit of those just Laws , viz. Magna Charta , Petition of Right , and the Act that abolished the Star-Chamber , that you have not avowedly and particularly declared to be void , null and vacated , as never to be in use any more in England ; Again , yet in your Protestation , in your Vote and Covenant , and in your League and Covenant , swore to maintain the Laws and Liberties of the Kingdom with your estates and lives , and make the Kings Person and Authority but subservient thereunto , or dependant thereupon ; And you have been so zealous to make Votes to disfranchise all those that will not take your Covenant , as unfit to bear any Office in the Common-wealth , or to give a Vote to chuse an Officer , and can it stand with your Justice and Honour to deny me the benefit of that ( viz the Law ) which you have been so zealous in forcing the People of England to swear to maintain ? or can you in Justice and Honor , be angry with me for standing for that ( viz. ) the Laws and Liberties of England , ) which you have ingaged , incited and forced , thousands and ten thousands of the people of England , to loose their Lives and Blouds for , which I amongst others have upon zealous and true principles , as hazardously ventured my life for as any man in England ? O let such an abominable thing be farre from men of honour , conscience and honesty , and let the fearfull judgments that befell the Hungarians , as it were , from God from heaven for breaking , violating and falling from their faith and Covenant , made with Amurah the Second , the Sixt Emperor of the Turkes Recorded in the Fourth Edition of the Turkes History sol . 267. 269. 273. 277 deterr all Covenant Makers , and Covenant takers from breach of their Oaths , Covenants , and Contracts , the breaking of which is highly detested and abhorred of God as a thing that his soul loathe as he declares in Scripture , as you may read Exo. 20. 7. Lev. 19. 11 , 12. Deut. 23. 21 , 22 , 23. Psal . 15. 4. Eccels . 5. 45. Ezek. 17. 13 , 14 , 15. 10. 17 , 18. 〈◊〉 . 5. 3 , 4 & 8. 16. 17. Yea I say let the fearfull judgements , wrath and vengeance Recorded by Sir Walter Rawley in his excellent preface to his history of the World that befell Tyrants and Oppressors , whoafter they had broke their Oaths , Faith , Promises and Lawes made with the People , and then turned Tyrants , deterr you from such practises , but especially the fearfull judgments of God that befel the most execrable thirty Tyrants of Athens , who after the people of that City had set them up for the Conservators of their Laws and Liberties , and who did many things well til they had got power into their own hands which they had no sooner done , but they turned it poin blank against the people , and fell a murthering , robbing , spoyling and destroying the innocent people , and raised a Guard of three or foure thousand men of their own Mercenary faction , whose destruction was fatall by the steeled resolution and valour of seventy faithfull and brave Citizens , as you may ●●ad in Sir Walter Rawleys History Lib. 3. Ch. 9. sec . 2 & 3. Yea the Tyranny of Duke d' Alva cost his Master the King of Spaine the revolt of the Hollanders to his unimaginable losse . But to returne , did not you and the Lords the other day pass Votes and Communicated them to the Common Councel of London to declare to them and the whole Kingdom , you would continue the Government , by King , Lords and Commons ? and can it new stand with your Honour and Justice , to goe about to advance a single , illegall Order of the Lords above all the Laws made joyntly by you the Lords and King , and to make Ciphers of your selves and your House as well as of the King ? which undeniably you do , if you indemnifie Master Wollaston by superseding my action at Common Law against him ; Again , have you not in your Declaration of the 15 of June 1647. ( in which is contained your Votes , to lay the King aside and make no more applications or addresses unto him ) declared to preserve unto the people their Laws , and to governe them thereby ? sure I am these are your own words , having received an absolute denyall from his Majesty : The Lords and Commons do hold themselves obliged to use their utmost endeavous speedily to settle the present Government in such a way as may bring the greatest security to this Kingdom , in the enjoyment of the Laws and Liberties thereof : And can it now stand with your honour and Justice to fall from this and all other your publique Declarations , by denying me the benefit of the Law against Master Wollaston , that unjustly imprisoned me , and Tyrannically and closly imprisoned me , to the hazard of my life and being , and that by an illegall warrant of the Lords , who have no power in Law to commit me , or so much as to summon me before them , in reference to a tryal ? much lesse when I do come at their Bar , to deal with me like a Spanish Inquisition , by examining me upon Interrogatories to insnare my self , and refuse to let me see either accuser , prosecutor , indictment , charge or impeachment : but presse me againe and again to answer Interogatories against my self , and so force me to deliver in a Plea , according to my priviledg and the Laws of the Land , against their illegall dealings with me , and then to wave all pretence of any foregoing crime , and commit me the 11 July 1646 to Master Wollaston to New-gate prison during their pleasure for delivering in that my very Plea , which hath not a word in it but what is justifiable by Magna Charta , and the Petition of Right ; and then when I am at Newgate , by pretence of a Warrant of the 22 of June after , for Master Wollaston to cause his servants to break into my Chamber and by force and violence to carry me before the Lords , who had , nor have no more Jurisdiction over me by the Laws of England to try me , passe upon me , or condemn me , then so many Turks have : and when I come there , they only look upon me , but lay nothing to my Charge , neither by word of mouth , nor writing but passe an Order in these very words , Die Martis 23. Junij . Ordered by the Lords assembled in Parliamen , That Iohn Lilburn shall stand Committed close Prisoner in th Prison of Newgate , And that he be not permitted to have pen , ink or paper , and none shall have accusse unto him in any kind , but his Keeper , untill this Court doth take further 〈◊〉 . And that is when they 〈…〉 and just , which I do confidently beleeve 〈◊〉 never be ; here is illegall 〈…〉 illegality , and Tyranny upon the neck of that , and yet Master Wollastone and that Barish fellow Briscoe , executed it to the height without any scruple of conscience , although they might have as well by vertue of the same Warrant have cut my throat , as have used me as they did , till the 11 of July 1646. at and upon which day they by force of armes , with thirty or forty of the hangmans guard of Halberteers , and against all Law and Justice , carried me before the Lords , upon pretence to hear my Charge read , although the Lords had not , nor have not in Law the least power in the world to try me or to summon me , as hath been notably and undeniably proved in the Case of Sir Iohn Maynard and the four Aldermen , in the releasing of whom as the Lords have done , if ever they had any Jurisdiction over Commoners in any kind whatsoever , they have now 〈◊〉 given it away ; for they were all impeached by the House of Commons , and their impe●●hments transmitted from them before ever they medled with them , which I never was , and yet flew as high in their Protestations and Declarations against the Lords Jurisdiction over them as ever I did , whom notwithstanding for all this , without stooping , submitting , or so much as petitioning , the Lords released , and of their own accord took all their proceedings against them off the file , thereby declaring to the whole Kingdom , that their own conscience told them they had no Authority in Law to go about to try them , being 〈◊〉 of their Legall Judges , though they were impeached by the House of Commons , and that they had done nothing but their duty in protesting against them , and their Jurisdiction over them . Therefore ( my Lord Munson ) can it stand with the Justice and 〈◊〉 of your House , in your first Remonstrance to the Kingdom , pag. 6. to cry 〈◊〉 so bitterly as you do against the Kings Ministers , who durst be so bold and presumptuous to break the Laws , and suppresse the Liberties of the Kingdom , after they had been so solemnly and evidently declared by the Petition of Right , by committing divers free men of England to prison for refusing to stoop unto the Commission of Loan , whereby many of them contracted such sicknesses as cost them their lives , and detaining others close prisoners 〈◊〉 many months together , without the liberty of using Books , pen , ink , or p●per , denying them al the comforts of life , all means of preservation of 〈◊〉 nor permitting their Wives to come unto them : And for the compleating of that cruelty , after yeeres spent in such miserable durance , to keep them still in their oppressed condition , not admitting them to be bailed according to Law , and oppressing and vexing them above measure ; and the ordinary course of Justice ( the common birth-right of the Subjects of England ) wholly obstructed unto them : and divers others oppressed by grievous Fines , Imprisonments , Stigmatizings , Mutilations , Whippings , Pillories , Gaggs , Confinements , Banishments after so rigid a manner , as hath not onely deprived men of the society of their friends , exercise of their professions , comfort of books , use of paper or ink , but even violated that neer union which God hath established betwixt men and their wiv●● , by forced * and constrained separation , whereby they have been bereaved of the comfort and ●●●versation one of another . Can all these doings be criminous and wicked in the King's Ministers ? and can your denying of justice for seven yeers together to me , that suffered the grievousnesse of these very torments , be just and righteous ? Let God and the world judge , whether you by your actions do not justifie all the foregoing unjust proceedings , nay , and out-strip them , in that you your selves do , or suffer to be done ( when you have power enough in your hands to remedy , but will not ) divers of the very self same things to some of the very self same men , after ( in obedience to your commands , in the sincerity of their souls ) they have freely adventured their lives ( and so carried themselves in all their actions towards you , that all their adversaries are not able , nor ever were , to lay in law my crime to their charge ) for the redresse of all the foresaid grievances ? and yet the best recompence you your selves give unto them , is , to toffe and tumble them yeer after yeer , from Gaol to Gaol ( without laying any crime unto their charge ) denying them the benefit of their Birth-right , the Law of the Land , keeping thousands of pounds of their own from them , and endeavouring in their long imprisonments to starve and murder them , their Wives and Children , by being worse then the King was to your Members , ( who allowed them three , foure , and five pounds a man weekly , notwithstanding their own great estates to live upon ) in allowing them never a penny to live upon , endeavouring to protect all those unrighteous † men that ( contrary to Law ) have endeavouted to murder and destory them , and take away their lives and beings from the earth . And all this is my own case and sufferings from you your selves . Therefore Hear , O Heavens ! and give ear , O Earth ! and the righteous God , and all just men judge betwixt ●● . And therefore if there be any truth or resolutions in you to stand to any thing that you say and declare , I challenge at your hands the benefis of all your Declarations and Remonstrances , which are all of my side ; and particularly the notablest of Declarations of the 6 of May 1643 , and 17 April 1646. which was made before my contest with the Lords , in which you declare ( 2 par . Book De. fo 95. & 879 ) that although the necessity of war have given some disturbances to loyall proceedings , stopped the usuall course of justice , 〈◊〉 the Parliament for the preservation of this right to impose and require many great and unusual payments from the good Subjects of this Kingdom , and to take extraordinary wayes for the procuring of monyes for their many pressing occasions ; It having pleased God to reduce our affaires into a more 〈◊〉 condition then heretofore : We do declare , that we will not , nor any by colour of any authority derived from us , shall interrupt the ordinary course of Justice in the severall Court of Judicatures of this Kingdom , not intermeddle incases of private interest otherwhere determinable , unlesse it be in case of male administration of Justice , wherein we shall so provide , that right be done , and punishment inflicted as there shall be occasion according to the Law of the Kingdom , and the trust reposed in us . Therefore seeing that you that stile your selvs the fountain and conserva●●ry of the Law , first par . Book Declar. pag. 272 have declared in answer to the Kings Complaint against scandalous pamphlets ( which was the originall pretence of the Lords quarrelling with me ) that you know the King hath wayes enough in his ordinary Courts of Justice to punish such seditious 〈◊〉 and Sermons , as are any way prejudiciall to his rights , honour , and authority , pag. 208. and if the King the Superior or Creator of the Lords , must be tyed in this case to the ordinary Courts of Justice , according to the Laws of the Kingdom , then much more the Lords the creature or inferiour to the King ; And therefore I hope you will not be angry with me for refusing obedience to the illegall commands of the single Lords , the inferious , or hinder me from obtaining Justice , according to Law , upon those that most barbarously executed them upon me , seeing you and the Lords themselves have taught me , and all the people of England , disobedience to the illegall commands of the King the greater , as cleerly appears by your Declarations of July the 12 , & July 26 , 1642. 1 par . Book Decl. p. 201. 458. 483. The words of which last are , That the Lords and Commons in Parliament do Declare , That it is against the Laws and Liberties of the Kingdom , that any of the Subjects thereof should be commanded or compelled by the King to attend him at his pleasure , but such as are bound thereunto by speciall service ; And if any Messengers or Officers shall by colour of any command from his Majesty , or Warrant under his Majesties hand , arrest , take , or carry away any of his Majesties Subjects to any place whatsoever , contrary to their wils , that it is both against the Law of the Land , the Liberty of the Subject , and it is to the disturbance of the publick Peace of the Kingdom ; and any of his Majestie 's subjects so arrested may lawfully refuse to obey such Arrests and Commands . To the same purpose you also were and declare , in pag. 93. 95. 112. Therefore , seeing the Law of the Land is so often by you declared to be the undoubted Birth-right of me , as well as the greatest Lord in England , or Parliament man whatsoever , I earnestly crave , and challenge at your hands , as much for my self , as you did at , and from the hands of the King , for the Lord Kimbolton and the five Members , Sir John Hothan , and the Lord Maior Pennington , Alderman Foulke , Col. Vean , and Col. Manwaring , viz. the benefit of the Law of England in the ordinary Courts of Justice ; which is , not to be taken , or imprisoned , pass'd upon , nor condemned but by due Processe of Law , before a Justice of Peace , according to the Law of the Land , and not to be imprisoned but for a particular crime in Law , expressed in the Commitment , by those that have power in Law to commit me ; nor to be tried or condemned , but by presentment , &c. before a Jury of twelve men of my Peers or equals of the same Neighbourhood where the fact was committed ; which is , as you declare by Sir Edward Cook in 4 part Institutes fol. 41. the ancient and undoubted Birth-right of all the Subjects of England , and to have my remedy at Law , against all those that shall deal with me contrary to Law. And that you challenged all these things for them before-mentioned , you may read in your own Declarations , pag. 7. 38. 39. 41. 53. 67. 77. 101. 123. 140. 162. 201. 203. 208. 210. 245. 277. 278. 459. 660. 845. All which I cannot doubt but you will grant unto me , because it cannot rationally enter into my brest to conceive , that you your selves can judge it consonant to Justice to set me , and thousands , and ten thousands of the people of the Kingdom to fight at your command for the preservation of our birth-right the Law , and then for you to deny it unto us , and deprive us of it , and to recompence us with slavery , which we are in , when we lose the benefit of the Law. Surely , this cannot in honour and justice become you , that call your selves the Conservators of the Law. But if you shall avowedly deny me the benefit of the Law , you frustrate your end in making Judges to be in Westminster Hall to execute the Law , and put a mock upon the people , and dissolve the whole frame and constitution of the civill Policy of the Government of this Kingdom into the originall law of Nature , and leave every man to judge within his own brest what is just and righteous , and thereby 〈◊〉 me , whether I will or no , to do that in reference to you , which you in your great straits , did in reference to the King ; viz. Appeal to the righ●●● Judge of all the would , and the judgment of the people to decide the controversie betwixt you as appears in your own Declarations , 1. part Book Doc. p. 192 196 214. 263. 278. 464 491 495. 496 498. 629. 636. 666. 690. 639. 701. 908. and if I perish , I perish . For what greater tyranny can there be in the world , ●● what greater straits can a man be put to , then to delayed justice , ( which is worse than to be denyed ) for above seven yeers together , by those that have raised a bloudy war , and pretended for justice : and then , after I have spent above 1000 li. in endeavouring to obtain Justice and my own at your 〈◊〉 and after I have served you faithfully , and adventured my life in the field for you , and undergone multitudes of other hardships and hazzards at 〈◊〉 for you , and carried my self in all my actions towards you unspotted , and that upon you own declared principles : and after all this , to be toss'd and tumbled by you from Gaol to Gaol , year after year , for nothing but my honesty ; and can come to no legall tryall , although I have endeavoured it with all my might ; and to have by you thousands of pounds of my own kept from me , and not a penny in all my captivitie allowed me to live upon , but in the eye of reason exposed to famish and sterve , or to eat my Wife and Children O monstrous and unnaturall cruelty ! which I will maintain upon my life , it not to be parallell'd in all Queen Marie's dayes , nor in the worst of King Charles his Reign . So ( my Lord ) I have done with my PLEA , and take leave to remain a true hearted Englishman , JOHN LILBURN . NOw Master Speaker , having finished my Plea to the Committee of Indemnity ; I must acquaint you that I brought it to the said Committee , with whom I had some verball expostulations , after which I began to open my Plea , having it fair writ in my hand , which the Committee no sooner saw but presently they left ( me according to my desire ) to the ordinary course of the Law , where I was necessitated at present to cease prosecution of Woll●ston , because I was continually in expectation of my Liberty from the Lords , and therefore judged it but wisdom in me not to provoke them , and also for perfecting of my Ordinance , for my long sought , dear bought , and hard suffered for reparatious , from old Sir H. Vane and the rest of my cruel Star-Chamber Judges ; which Ordinance with much adoe was as last concluded , though to little purpose as before truly is noted in p. 15 , 16. And for my Liberty , I was chiefly beholding for that to my friends in London , who in seven dayes got eight or nine thousand hands to a Petition for me , in the day of your straits by the Cavaleers , and presented it to your House , which my true friend , and faithfull and couragious fellow sufferer Sir Iohn Maynard took the advantage of , and improved the utmost of his interest , and thereby became principally instrumentall both in your House and in the House of Lords for my Liberty then , unto whom I must and do returne the chiefest thanks for it . But now Sir , seeing my life ( for nothing but my honesty , and because I will not be a slave to mens lusts ) is so strongly sought for to be taken away by those that have made the largest pretences and promises , that can be made in the world to deliver this Nation from thraldom , bondage , vassallage and slavery ; and seeing they are such painted Sepulchers that they are like to cozen all the honest men in England with religious cheaters , such as Master Edmond Rozer , with whom as teacher to the Congregation where I was a Member , I walked many yeares in fellowship , and Master William Kiffin who was once my servant , and unto both whom the indearedest of my affections run out unto ; to either of which I never gave a provocation to , nor wronged in all my dayes to my knowledge , neither of which ( although the first of them and I have been familiar together for almost twenty years ) I am confident of it , in reference to my actings to the sons of men , are able to my face to say black is my eye , yet for these men so high and mighty in their pretence of religion , and in their former familiarity and friendship to me , to persecute me bitterly , and write reproachfull books &c against me and in the day of my calamity ( when the great men of the Nation make deep furrows upon my back for nothing ) when I am as it were in the Kennell , and my hands and feet tied , then to beat , buffe● , wound me , and pursue my very life ; O the height not only of unchristianity , but even of unmanhood it selfe ! such actions differing nothing in beastlinesse and brutishnesse from the brutest of Beasts themselves ; if it had been enemies ( as David did in the like case Ps . 55. 12 , 13 , 14. that had done it , I could have born it ; but for my familiar , bosome , indeared friends , to deal thus with me , and that in the day of my adversity , when my life is hunted for like a Partridge upon the mountains , in this they are more unnaturall then the very Pagans and heathens themselves ; for saith Isaiah , cha . 21. 14. The Inhabitants of the land of Tema brought water to him that was thirsty , they prevented with their bread him that fled ; and for their mal●ing a frothy light , giddy headed fellow of me in their late book called Walwyns wyles , easily deluded and drawn aside , being of no depth in my self ; I am confident there is no two men in England that know me , whose consciences are more perswaded of the falsity of that their own assertion in every particular then M. Rozer , and Master Kiffin are , if they would speak the truth from their very hearts , the whole stream of my actions extraordinarily well known to both of them for these twelve or thirteen years together , being as a large demonstration that I understand the things I goe about ; and am not to be biased with favour , flattery , frowns , nor hard usage ; ( but act singly and nakedly upon my own principles that I beleeve God distills into my soul ) I beleeve as the actions of any man upon the face of the earth are , having never forsaken nor changed my principles from better to worse the space of one hour from the day 〈…〉 fatherly discovering , and distinct , and assured making known of his turnall , everlasting and unchangable loving kindnesse in the Lord Jesus unto my soul , to this day , although I am confident it is now above 13 years , since I know God at my 〈◊〉 and reconciled father , that had particularly wasted and clensed my soul with the 〈◊〉 bloud of Jesus Christ , and had cansed the grace of God to appear in my soul , to 〈◊〉 me ( as a reciprecall duty spread abroad in my heart by the overflowings of the fountaine of love within me ) to abstaine from all ungodlinesse and worldly best , and to live soberly and righteously , in this present evill world , doing good to all , his especially to the houshold of Faith , Ingraving with his Spirit upon my heart as with a point of a Diamond those Divine Laws , viz. to doe to all men as I would they should do to me , and in all the carriages of my life to be watchfull over my actings , and not to be evill that good may come of it , and thirdly that seeing that I am bought with a pri●● by Redemption , that therefore I should not be the servant of men ( to serve their best and wills ) but entirely and solely the servant of God , to glorifie him with my body , in rightous and just actions amongst the sons of men , as well as in my soul , in speculation , imgra●tion or adoration ; and so at present I leave them to the reflections of their own consciences , if the vanity of the world and the fadeing promotions thereof hath not eat out the life and sensible part of them ; into whose secrets 〈◊〉 let not my soul ( O Lord ) enter into . But as for the rest of their subscribing Comrades , being in all six or seven , I know not some of them , only 〈◊〉 Price , and Richard Arnold I know to be men fitly to deserve the name of 〈◊〉 Baristors , or known Eves-dropers , so detestable and abominable therefore to all truly & really honest unbialed men that know them , that a man shal but defile himselfe to touch them with a paire of tongs , deserving no other answer from me for their indefatigable and restlesse pains to bespatter and destroy me , but either the highest of scorn , or a good cudgell in due time ; and so at pres●●● I leave them to the serious perusal of their own ugly forms and shapes , lively pictured out in that most excellent and masculine Anatomy of them , by Doct. Brooks in his Law Book entituled the Charity of Churchmen , or a Vindication of ( my most choice and honest Comrade and Fellow-sufferer ) Master William Walwyn . But in regard my grand adversaries , and their little Boagles in London , doe continually report me to be a man of contention , and one that is never 〈◊〉 from broyls , nor never content with any Government ; but full of self ●●●ceitedness , malice and revenge ; it will be very necessary for me to return a● effectuall answer to this , before I come to the main thing I intend . And therefore in the first place , When I was a childe ( as Paul saith ) I thought as a childe , I did as a childe ; but after I came to have any discretion , well ngh twenty years agoe , my Father brought me to London , and bound me Apprendes to Mr. Thomas Hewson near London-stone ; whom I served as faithfully about six years , as every Apprentice served a Master : And though he had no more but my self , and had many thousands of Pounds went through my hands , driving a large Whole-sale trade ; yet directly , nor indirectly , I cannot remember that ever I wronged him of a Groat , or the value of it ; or that ever all the 〈◊〉 I was with him , I was ever branded or taxed with one bafe visible action ; or that I either gave or took a box on the eare , or any thing like it , or ever quarrelled with any Flesh alive all the time I was there , ( although I had then as much mettle , life and spirit as most young men in London had ) only I must confess , my old Master offered me sometimes some abuse , for which I carryed him before the Chamberlain of London , and ever after lived in peace with him : And after that , in all the dayes of my calamity by the Bishops , had the truest and cordiallest friend of him , that ever servant had of a Master in the day of his tryall . And though in his service ( keeping only a Ware-house ) severall days in the week I had spare time enough , yet I never misspent it , but continually spent it in reading the Bible , the Book of Martyrs , Luthers , Calvins , Bezaes , Cartwrights , Perkins , Molins , Burtons , and Rogers Works , with multitude of other such like Books that I had bought with my own money ; till the foresaid Mr. Edmond Rozer , my familiar friend and neighbour , and fellow-professor of Religion , ( conversant at my Masters house from the beginning of my coming to him ) brought me in anno 1636. acquainted with Dr. Bastwick then prisoner in the Gatehouse , whom after I visited constantly , and for whose service I could have laid down my life ; and for my true affection to him , I was forced by the Bishops and their Catchpoles to fly into the Low-Countreys for refuge , just about the time of his Banishment , where I was divers months , and where the Kings Ambassador , Sir VVilliam Boswell , laid for me ( as I was informed ) severall designes to put me a Ship board , and send me over to England to the Bishops here , for my visible activity there against them , which forced me continually to wear my sword about me ; yet in all my time there , I never gave nor took a box on the eare , nor had so much as a single quarrell ; and at my coming to England I was in danger enough , and therefore went like a swaggerer disguised , and yet was betrayed by my pretended bosome friend , John Chilliburn servant to old Mr. VVharton in Bow-lane , and so fell into the devouring clutches of the High-Commission , Councell-board , and the Star-Chamber , all three of which had a sting at me : But in all my troubles and tryals by them for divers years together , I never saw or heard of any other prosecutor , but only two most desperate , forsworn , false Oaths of my then familiar acquaintance , Edmond Chillington then Button seller in Cannonstreet , and now a forsworn lieutenant in Colonell Whaleys Regiment of Horse : which false Oaths he was hired unto by the Bishops and their Chaplins , Mr. Baker , &c. and by means of which he got his own Liberty , and this he did for my curtesie and kindnesse to him in his then captivity , &c. owing me at this day , I am confident of it , upon that account well nigh 30 pounds : by meanes of which Oathes , I had above 500 stripes with knotted cords , given me by the bloody decree ofold Sir Henry Vane , &c. and endured a world of other unheard of miseries and barbarous cruelties for three yeers together : and at my deliverance by the Parliament , I could have had his eares for perjury , as easily as to have kissed my hand , if I had been revengefull ; but so far was I from that , that I never questioned him for it , but contrarily I requited him good for evill , when he was prisoner in Oxford Castle with me , and ready to starve , being destitute both of money and friends there ; and to save him alive , I readily lent him both gold and silver , as he very well knowes , by the same token I was without my money long enough ; and in the day of his prosperity here , I was fain to ask often enough for it , before I could get it again . So here it is true , I was in contestation with the High 〈…〉 Board , and Star-chamber , but they began with me , and not I 〈…〉 story of which you may read in my book called the Christian mans 〈…〉 , for Mr. VVill. Larner ) It is true also , I had in them sufferings , 〈◊〉 contestations with Gaolers , but it was to preserve my life , when they 〈◊〉 to Law would have murdered me ; but with all my fellow-prisoners , &c. I lived as peaceably , as lovingly and friendly as any man in the world did ; and all this contestation was but for the maintaining my legall rights due to me by the Nation of Right , which before the beginning of those troubles I had read , and a little understood : In which contest this Parliament in its Primitive 〈◊〉 hath justified me , in not only by abolishing the foresaid unjust Courte by Act of Parliament ; but also in and by their Votes of the 4th . May , 164● . which thus followeth ; Resolved upon the Question . That the sentence of the 〈◊〉 chamber given against John Lilburne , it illegall , and against the liberty of the subject ; and also bloody , wicked , cruel , barbarous & tyrannicall . Resolved 〈◊〉 on the Question , That reparations ought to be given to Mr. Lilburn , for his 〈…〉 forment , sufferings and losses sustained by that illegall sentence ; Which I could I never got to this day , but had been a rich and happy man in reference 〈◊〉 〈◊〉 world , if it had been voted I should never have expected any ; for then might I have spent my eight years time in my trade beyond sea , that I have in a 〈◊〉 spent in following these Votes ; and one way or other 1000 or 1500 〈◊〉 to boot ; with seven or eight imprisonments besides for nothing . Well , after this I fought with C. Lunsford , and divers others at Westminster , ( who drew first ) with my sword in my hand ' , to save the Parliament 〈◊〉 throats from being out , conscienciously judging nothing that I had too good to hazard for so just an Authority as I then judged them to be ; & they have 〈◊〉 well rewarded me for my pains , with 7 or 8 cruell imprisonments , and 〈◊〉 told me nor any body else to this hour wherfore , with many strong endeavour to take away my life in the said imprisonments unjustly ; but I hope , they ●p●cially will justifie me in that contest ; however , I from my heart beseech the righteous Lord of Heaven and Earth to judge righteously and impartially betwixt them and me , and to manifest his Righteous judgment betwixt to visibly to the world , that so the sons of men may see it , and behold it , and fear , and tremble before him . Well , in the next place the Wars begun betwixt them and the Kings and truly having seriously read all their primitive most excellent Declaration , and sufficiently my self smarted under the Kings irregular government , in the violating of the Laws of England , the compact betwixt him and his people ; which he in my judgment had then notably violated ; And not in the least doubting but they would be as good as their words and Declarations , which were to secure the Peoples Lawes and Liberties to them , and not in the least to seek themselves ; to provide for their weale , but not for their woe : and reading in the Scripture , Rom. 13. that the end of the institution of all Magistracy in the world , is for a terror to evill doers , and for a praise to those that doe well ; the ●●●●ous consideration of which , wrought out something in reason in my one thoughts , to ballance the letter of those Laws , ( which I then knew were absolutely for the King ) somthing like those generall rules or maximes in Law , recorded by that most excellent of English Lawyers , Sir Edw. Cook in his 4 part . Institut . fol. 330. which are , That although the Law ( of England ) speak in generall terms , yet it is to be bound up , or accepted , but where reason causeth , there the law ceaseth ; for seeing reason is the very life and spirit of the Law is self , the Law giver it not to be eseemed to respect that which hath no reason , although the generality of the words at the first sight , or after the Letter seem otherwise : And it , in my reason , could not be rationall for any men to appoint a compact to be betwixt two parties , but to bind both equally alike , King as well as People ; and not to keep the people bound to the expresse letter of the Kings part , or any others , when the King or that other , shall break his or theirs in twenty particulars , as by Ship-money , Projects , &c. And further , saith Cook , fol. 328. ibid. Such an interpretation of ambiguous things ( in Law ) it always to be made , that absurdities and inconveniences may be avoyded : but absurdities and inconveniences cannot be avoyded , if the express and single letter of any Law , in reference to a King or Parliament , shall tie or bind me to cut my own throat , or any other wayes destroy my self , or my companions , brethren , or neighbours , which is irrationall or unjust for me to do : 1 Part. Book Decl. p. 150. So upon these or the like grounds , I took up arms in judgment and conscience against the King , and contested with his misgovernment in subduing my legall and native Rights , and in my sufferings and arraignment at Oxford therefore , carried my self with a great deal of resolution and undauntednesse of spirit ; for which the Parliament by speciall Declaration of the 17 of December 1642 , justified me : which Declaration you may see 1 part Book Decl. pag. 802 , 803. yea , and exchanged me very honourably , high above my quality and condition ; and at my coming home , some of them that were no mean ones , proffered my wife a place of honour and profit for me , then reputed worth about 1000 l. per annum : which I conscientiously scorned and slighted , professing unto my wife , to her extraordinary grief , that I must rather fight ( though it were ) for 8 pence a day , till I see the liberties and peace of England setled , then set me down in a rich place for mine own advantage , in the midst of so many grand distractions of my native Country as then possessed it : and so I left old Essex , that had been so generous unto me in giving me almost 300 l. ready money at my deliverance , as Colonel Flettwood and Colonel Harrison very well know : But him for all that ( I say ) I left , for his persecuting for non-taking the Covenant , and down to Lincolnshire I posted , to my then two Darlings and familiar Friends , Monchester and Cromwel ; where I engaged heartily , [ and spent all Essex his money freely ] and contiued in many a desperate service , till Manchester visibly degenerated , and would have hanged me , for being over-honest , and over active in taking in Tikel Castle too soon : which with his visible turning knave , and apparantly betraying his trust at Dennington , in defigning his Army , or the best part of it , a sacrifice to the Kings fury , made me engage against him and others of his Associates , with Cromwel , who thereunto sollicited me , and also threw up my Commission ; and so his basenesse spoyled a Souldier of me , that I could never fight as a Souldier since ; although Cromwel by himself face to face , and by his Agents ( I am confident of it ) hath from time to time much , and as earnestly solicited me , as is possible for a man to be solicited , to take up command in Fairfax his Army . But no sooner was I by the ears with Manchester , who first began with me , but Mr Prynn wrote his desperate invective Books against us all that would not be conformable to the Covenant ( that Cheat , ) and the Scots Presbytery ( that every thing and nothing ; ) and would have bad us all destroyed , or banished the Land of our Nativity : so in conscience to God , and safety to myself and brethren ( Mr Edmund Roser , my present unworthy Antagomst , being that my pastor or teacher ) I was inwardly compelled to deal with him , that then sought to destroy the generation of the righteous ; and accordingly I wrote him a sharp Epistle , now in print , dated 7 Jan. 1644. which brought upon ●● back a whole sea of troubles ; and a Vote or Votes in the House of Commons past against me : whereupon , without any more a doe , black Corbet and the Committee of Examinations makes me a Prisoner , and tosseth and ●umbleth me to the purpose : So before him , upon the 13 of June 1645 , was I forced of give in my reasons ( now in print ) wherefore I wrote that excellent and seasonably Epistle ( which was the first avowed publick Cannon I know of in England , discharged against the then insulting Presbyter , for the liberty of the consciences of my present bloudy and malicious persecutors , that now stile themselves the Pastours and Leaders of the Churches of God ; but do indeed and in truth , by their unnaturall , unchristian , and unjust actions deserve no other stile , but men fit for nothing but to be the Pastors and Leaders of the Synagague of ●atan . ) The whole story of which contest with Mr Prynn , you may read at large in the beginning of my Book , called innocency and Truth justified shal I hope my present Adversaries , who pretend themselves to be Leaders in the Churches of God , will justifie and acquit me from guilt or crime in these contests ; especially considering that they themselves ( that now are so violent in hunting after my bloud , and the bloud of my Associates , in the day of our trouble and calamity , now we are under hatches ) durst then do not thing manlike for themselves ; but sate in silence like a company of 〈◊〉 without souls or hearts . And then before I well got rid of this broyl , you your self got the House of Commons the 19 day of July 1645. to fall upon my bones , and Vote 〈◊〉 prison I know not wherefore , unlesse it were for riding post from Summerset-shire through twenty dangers to bring you the first news of the Lord Gorings 〈◊〉 being routed at Lampert ; for you never told me other to this hour ; but yet I was to●●ed by your own means , from Hunt your Serjeants hands , to the hands of Knight his Deputy ; and from thence the 9 of August to Newgate , by that old Patentee Monopolizer Lawrence Whittaker , then Chairman to the Committee of Examination ; and when you had got me to Newgate , then you got your Bull-dogs in the House to bait me to the purpose , and also turn'd me over to be araigned at the sessions in Old-hatly and so to be hanged at Tyburn ; for you appointed Bradshaw your bloody and unjust Lord President , Master Seale and Walker &c. to prosecute me for my life ; But after I had sufficiently baited both you and your unjust house ; you sent me to Newgate a hundred pound in mony , I thinke to get me to hold my peace , and the 14 of October 1645. most honorably Voted me out of Prison , and so your self being my accuser , prosecuter and Judge , Justified me in this contest , the relation of which you may at large read in that notable book called Englands Birth-right , and in my Epistle of two sheets of paper in print dated 25. July 1645. but especially in my Large Book 〈◊〉 and called Innocency and Truth Justified ; and in this contest with you , any old acquaintance Doctor Bastwick , ( for whose sake in the Bishops days I underwent more sorrows then is to be found in any ordinary death ) fell upon me also , so that likewise I was faine to contest a little with him , but he begunne first . And after this , viz. upon the 14 day of April 1646. Colonel Edward King arrests me in an Action of 2000 l. at Westminster for calling him Traitor , which was only in truth , for discharging my duty in prosecuting him , for betraying his trust to the Kings Party , while he was my Colonel in Lincolnshire , and in this contest abundance of your own Ordinances justified me : which while I pleaded them in my Epistle to Judg Reeve of the 6 of June 1646 now in Print , before whom Kings action were dependent ; the guilty conscioned Judge grew as angry with me therefore , as the Lawyers in Christs time did at him , for reproving the hypocrisie of the Scribes and Pharisees , although nominally he medled not with them , yet their own guilty consciences did inwardly accuse them , which made one of them say , Master , in saying then , thou reproachest us also , Luke 11. 45. unto whom Christ replyes and saith , vers . 46. &c. Wo unto you also ye Lawyers ; for ye lade men with burdens grievous to be 〈◊〉 and you yourselves touch not the burthens with one of your fingers . Wo unto you for you build the Sepulchers of the Prophets , and your Fathers killed them . Truly ye bear witnesse that ye allow the deeds of your Fathers : for they indeed killed them , and you build their Sepulchers . Therefore also said the wisdom of God. I will send them Prophets and Apostles , and some of them they shall slay and persecute ; That the bloud of all the Prophets which was shed from foundation of the world may be required of this Generation , from the bloud of Abel unto the bloud of Zacharias , which perished between the Altar and the Temple : Verily I say unto you it shall be required of this Generation . Woe unto you Lawyers for ye have taken away the key of knowledg ; ye entred not in your selves , and them that were entring in you hindred . And accordingly Judge 〈◊〉 being wounded within at the down-right truth of my forementioned Epistle or Plea. that lasheth the base and abominable coruptions of him and the rest of his Brother-Judges , then and now Administrators of the Law ; and finding something in it that brands Manchester for an unjust man in his late Generalship , who then was Speaker of the House of Pee●s , away to him trudgeth the Judge in all post haste with my Book , to get him by his power to be revenged of me which he was easily provoked and perswaded too and accordingly the 10 of June 1646. He gets an Order to passe the Lords House , To summon me up to the Lords Bar to answer to such things as I stood Charged before their Lordships with , concerning the writing the foresaid Letter or plea , and when I came to their Bar they dealt with me like a Spanish Inquisition , in examining me against my selfe , which forced me then at the Bar to deliver in my plea in Law , to prove that by the Laws of England they had no Jurisdiction over Commoners , to try them either for life , limb , liberty , or estate , which you may read in my Printed Book , called The Freemans freedom vindicated , which plea and protestation made them mad , and for which they sent me to Newgate , from whence upon the 16 of June I sent my appeal for Justice to the House of Commons against them , which made the Lords madder , whereupon they upon the 12 of June 1646. issurred 〈…〉 bring me to their Bar again , where in contempt of their Jurisdistion , 〈…〉 to kneel , for which they committed me to the foresaid Wollastone 〈◊〉 of Newgate , to be kept close Prisoner without pen , inke or paper , the 〈…〉 or any other friend , which was with rigour sufficiently exercised upon me , till the ●● of July 1646. which day they issued our another Order to bring me again to their Bar , at which when I came , in the height of contempt of their Jurisdiction , I marched in amongst them with my bat or , & not only refused to kneel at these Bar , But also with my fingers stops both my ears when they went about to read my ●●tended Charge , for all which they fined me 4000 l. to the King , and forther sentenced me to be a prisoner seven yeares , or during their pleasure , in the T●●er of London , to be for ever disfranchised of being capable to bear any 〈…〉 Military or Civill Government , in Church or Common-wealth ; and accordingly I was committed to the Tower , where I was in the nature of a close prisoner , divorced from the society of my Wife , till the 16 of September 〈◊〉 Whereupon a strong warre was made upon the Lords and their Jurisdiction , by the Authors of those two notable Books , called Vane plebis , and Royall , and I also paid them prety well my self , in my two large books , Called , Londons Liberty in chaines discovered , and Londons Charters , and by a large 〈◊〉 of my Wives , and accompanied at the delivery of it with divers of 〈…〉 friends , I got my business to the examination of a Commities of the House of Commons , before whom I appeared , and pleaded the 9th . November , 1646. and had fair play , but waited month after month , and 〈◊〉 get no report of it made by reason of the swoy and power that Mr. Denail 〈◊〉 , Sir Philip Stapleton , & the rest of their Associates had bene in the House of 〈◊〉 , who were then strong confederates with the Lords in their unjust 〈◊〉 , and my then professed enemies , in keeping me from Justice , the 〈…〉 of the Law and my right : whereupon I was compell'd and necessitated by a hard , long . and almost starving imprisonment to engage against them ; which I did to the purpose , as you may read in my Books , called , The oppressed ●●● oppressions declared ; The out-cryes of oppressed commons ; The resolved man resolution ; and Rash-Oaths . And then the Army turned up the chief of 〈…〉 heels , by a trick of Hōr●● Porus , alias , An IMPEACHMENY ; And the● up got Mr. Oliver Cromwall my pretended friend , with whom , and in whose quarrel ( for the Liberties of the Common-wealth ( as he pretended ) at his earnest follcitation of my wife in London , to send for me from the 〈◊〉 then at Crowland ; ( and by his message delivered unto me for that end , by his brother-in-law Major Desborough , near Sir Will. Russels in Cambridg-shire ) I engaged against the Earl of Manchester , &c. and was one of the first ●vidences that gave in my testimony against him , before Mr. Lisle then 〈◊〉 to that committee , where Manchesters impeachment did then depend ; but alass , Mr. Oliver impeached him only for this end , ( as the fequel fully 〈◊〉 ) not in the least for Justice-sake , but only to get him , &c. out of his command ) that so he might get in a friend of his own into it that he could rule , and it may be in time himself ; both of which he hath compleatly done : but I say Mr. Oliver ; by the help of the Army at their first Rebellion against the Parliament , their Lords and Masters , was no sooner up , but like a most perfidious base unworthy man , he turned my enemy and Jaylor , and was as great with Manchester in particular as ever ; yea , and the House of Peers were his only white Boyes ; Being more then his drudges , and more conformable to his will then the House of Commons it self ; and who but Oliver ( that before to me had called them in effect both tyrants and usurpers ) became their Proctor where ever he came , yea , and sot his son Ireton at work for them also , insomuch as at some meetings with some of my Friends at the Lord Whartons lodgings , he clapt his hand upon his breast , and to this purpose , professed as in the sight of God , upon his conscience , That the Lords had 〈…〉 a right to their Legislative and Jurisdictive power over the Commons , as he had to the coat upon his back ; and he would procure a friend , viz. Mr. Nath. 〈◊〉 , should argue and plead their said right with any friend I had in England ; and not only so , but did he not get the Generall and councell of War as Windsor ( about the time when the Votes of no more Addresses were to pass ) to make a Declaration to the whole Kingdom , declaring the legall Rights of the Lords House , and their fixed Resolutions to maintain and uphold it ? which , as I remember was sent by the General , &c. to the Lords by Sir Hardiasse VValler ; and to indear himself the more unto the Lords ( in whose House without all doubt he intended to have fate himself ; ) he required me evil for good , and became my enemy to keep me in prison , out of which I must not stir , unless I would stoop and acknowledge the Lords jurisdiction over commoners , ( and for that end he set his Agents and Instruments at work to get me to doe it ; ) And it became the above-board work of him and his son-in-law , after a little under-hand working , to make all means gone about in the Army for my liberty , ineffectuall , or a seate to me ; so that I was pinched and forced for my own preservation , to fall about Olivers eares , and his Sons both , to discover their depth of 〈…〉 by themselves and agents in their base dealing with me , ( who was them almost destroyed in prison by their villany ) as you may partly read in my Books , called , The Juglers discovered ; Jonah's cryes out of the Wholes holly ; The Peoples Prerogative ; My additionall Plea before Mr. John Maynard of the House ; and my Whip for the present House of Lords . But to fill up the measure of his malice against me , after by my own induttry and importunity , I had got a little Liberty , in spite of him and his faction , from your House , he and his Faction got your House again to commit me and Mr Wildman prisoners as Traytors , upon 19. Jan. 1647. for but mannaging an honest Petition , that did but a little touch upon the Lords power : And yet this very Mr. Oliver hath since been the principall Instrument to pluck up the House of Lords by the roots , as usurpers and encroachors , because they would not joyn with him to cut off the King's head ( for that which he is as guilty of himself ) and so take him out of his way , that he might be absolute King himself , as now he is , and more then ever the King was in his life : for he can , and hath taken severall free men of England by the shoulders at the House door , and in Westminster-hall , and by his will , without any ●ne processe of Law , commited them prisoners to his mercinary Janisaries , ( as lately he hath done to honest Cornet Chesman , ( not of the Army ) for but deliuering a Letter of his unjustly imprisoned Captains , Cap. Bray , to the Speaker , and soliciting him for an Answer to it : ) The like of which Tyranny the King never did in his Reign ; and yet by Saint Oliver's means , lost his head for a Tyrant . But the thing that I principally 〈◊〉 at here , is , to declare , that Oliver and his Parliament now 〈…〉 ( for the Nations it is not ) having pluck'd up the House of Lords by the roots , as usurped , tyrannicall , and unjust , hath thereby himself justified not in all my contests with them , in denying their Jurisdiction over Common●●● by Law. And although Oliver had his hands full with Poyer , Goring , Holland , Hamilton and Langdale the last yeer ; but especially with the generall 〈…〉 was then in both Houses against him ; upon the notable Impeachment of his Major Huntington , and I then by my absolute freedom was a little up , and could have at my pleasure been revenged of him , if I had so pleased , either by divisions in his Army , which was easily then in my power ; or by joying in impeaching him with Major Huntington ; which I had matter enough to do , and was earnestly solicited to it again and again , and might have had ●●● enough to bost in my then low and exhausted condition : yet I scorned it , and rather applyed my hand to help him up again , as not loving a Scotch Interest , it is very well and fully known to his present darling Mr Cornelius Holland , and also to Colonel Ludlow , and Mr Thomas Challoner , with other Members that I could name ; and which was demonstrated to himself by a Letter I sent him by Mr Edw. Sexby , whom on purpose I procured to go down to him : the true Copy whereof thus followeth : SIR . WHat my Comrade hath written by our trusty Bearer , might be sufficient for us both ; but to demonstrate unto you that I am no staggerer from my first principles that I engaged my life upon , nor from you , if you are what you 〈◊〉 to be , and what you are strongly reported to be ; although , if I prosecuted ●● desired revenge for an hard and almost sterving imprisonment , I could have had of late the choice of twenty opportunities to have payd you to the purpose ; but I 〈◊〉 it , especially when you are low : and this assure your self , that if ever my band he upon you , it shall be when you are in your full glory , if then you shall decline from the righteous wayes of Truth and Justice : Which , if you will fixedly and impartially prosecute , I am Yours , to the last drop of my heart bloud , ( for all your late severe hand towards me ) JOHN LILBVRN . From Westminster the 3 of August 1648 , being the second day of my Freedom , Which Letter &c. as I have been told by the Bearer , was not a little welcome . But his dealings with me now manifest that Proverb to be very true , ●● Save a Thief from the Gallows , and for your requitall , he will be the first shall have you . But to this I shall say no more but what the Spirit of truth saith in 〈◊〉 . 17. 13. That he that rewards evill for good , evill shall not depart from his 〈◊〉 . And being at liberty , not liking in the least the several juglings I observed in divers great ones in reference to the personall Treaty , and that there was nothing worth praising or liking thought of or presented by the Parliament in reference to the Peoples Liberties or Freedoms , ( especially considering their late large expences and hazards for the procurement of the settlement of them ) I was compelled in conscience to have a hand in that most excellent of Petitions of the 11 of Septemb. 1648. which ( I am sure ) was no small piece of service to Cromwel and his great Associates : though his Church-men , now my chiefest Adversaries , durst not joyn in it , nor own it for very fear . And hauing been in the North about my own business , where I saw Cromwel , and made as diligent scrutinies into things about him , as I could ; which I then to my self judged , savoured more of intended self-exalting , then any thing really and heartily ( of what before I had strongly heard of him ) to the through advancement of those things that were worthy to be accounted indeed the Liberties and Freedoms of the Nation . And being come to London , my self and some other of my friends , by two Messengers , viz. Mr. Hunt one of Cromwel's creatures , and another , sent a Message down to him to Pomfret , to be delivered to himself , and to debate it with him , and bring his expresse Answer back again speedily : the effect of which Message was , That to our knowledge , God had caused him to understand the principles of a just Government , under which the glory of God may shine forth by an equall distribution unto all men . That the obtaining of this was the sole intended end of the Warre : and that the Warre cannot be justified upon any other account , then the defence of the peoples right , unto that just Government , and their Freedom Vnder it . His Answer to which Message by Mr. Hunt was principally directed to the Independents ; some of whom appointed a meeting at the Nags-head Tavern by Blackwell-Hall , and invited M. Wildman and my self , &c. thither , whether we went accordingly , and where : wee met with Colonel Ti●hburn , Col. J●hn White , Dr. Parker , Mr Taylor , John Price , and divers others ; where we had a large debate of things , and where the just ends of the War were as exactly laid open by Mr. VVildman , as ever I heard in my life . But towards the conclusion , they plainly told us , The chief things first to be done by the Army , was first To cut off the Kings Head , &c. and force and throughly purge , if not dissolve the Parliament : All of which we were all against , and press'd to know the bottom of their center , and in what they would absolutely rest for a future Settlement : and I plainly told them in these words , or to this effect . It s true , I look upon the King as an evill man in his actions , and divers of his party as bad : but the Army had couzened ●● the last year , and fallen from all their Promises and Declarations , and therefore could not rationally any more be trusted by us without good cautions and security : In which regard , although we should judge the King as arrant a Tyrant as they supposed him , or could imagine him to be ; and the Parliament as bad as they could make them ; yet there being no other balancing power in the Kingdome against the Army , but the King and Parliament , it was our interest to keep up one Tyrant to balance another , till we certainly knew what that Tyrant that pretended f●irest would give us as our Freedoms ; that so we might have something to rest upon , and not suffer the Army ( so much as in us lay ) to deceive all the Government of the Kingdom into their 〈◊〉 and 〈◊〉 ( which were two things we nor no rationall man 〈◊〉 and leave no persons nor power to be a counter ballance against them : And if ●● should do this , out slavery for future ( I told them ) might probably be gro●n that ever it was in the Kings time , and so our last errour would be greater then our first and therefore I pressed very hard for an Agreement amongst the People first , utterly disclaiming the thoughts of the other , ill this was done . And this ( I told them ) was not onely my opinion , but I beleeue it to be the unanim●m opinion of all my friends with whom I most constantly conversed . At which the Gentlemen Independents were some of them most desperately cholerick : But my opinion being back'd with the Speeches of some 〈◊〉 of my Friends , we came calmly to chuse out four and four of a side to 〈◊〉 and conclude of some Heads towards the accomplishment of an Agreement of the People : and ( as I remember ) their four were Colonel 〈◊〉 Col. White , Dr Parker , and Jo. Price ; and our four were M. William Walwyn , Li●●●●nant-Col . Wetton , M. John Wildman , and my Self . But John Price seat some of the company to tell us ( after we were parted , and some of us drinkings ●● of wine below ) he would not make one , if Mr Walwyn was one , for he had a prejudice against him . Unto which I replyed , M. Walwyn had were 〈◊〉 and integrity in his little finger , then John Price had in all his body ; and therefore No meeting for me , seeing John Price was so base , unlesse Mr VValwyn ●as one , though we had but two of a side : but the businesse being much debated and expostulated , Mr. VValwin and John Price both ( for peace sake ) were at present laid aside : and according to appointment ( as I remember ) all the other six met the fifteenth of Novemb. 1648 , being Wednesday , at the fore-mentioned Nage head ; and there , after some debate , unanimously agreed in these words , viz. That in our conceptions , the onely way of So●●ment is , 1. That some persons be chosen by the Army to represent the whole Body : Act that the well affected in every County ( if it may be ) chuse some persons to repress●● them : And those to meet at the Head-Quarters . 2. That those persons ought not to exercise any Legislative power , but only to 〈◊〉 up the foundations of a just Government , and to propound them to the well-official people in every County to be agreed to : Which Agreement ought to be about Law ; and therefore the bounds , limits and extent of the people's Legislative Deputies in Parliamens , contained in the Agreement to be drawn up into a formall contract , to be Mutually signed by the well-affected people and their said Deputies upon the days of their Election respectively . 3. To prevent present confusion , the Parliament ( if it be possible ) may not be by force immediately dissolved ; but that the day of its dissolution be inserted in that Agreement , by vertue whereof it shall be dissolved . 4. That this way of Settlement , ( if it may be ) should be mentioned in the Arm●'s first Remonstrance . 5. That the matter of the Petition of Septemb. 11. be the matter to be setled . Which Agreement of ours ( as I remember ) was immediately some away , to the Head Quarters at St. Alban's by Mr Hila●● of Southwark , where ( to it was afterwards told us , it was very well accepted and approved of by the great ones there ; whose high and 〈◊〉 Declarations 〈◊〉 by 〈◊〉 Windsor , when he pretended to lay down his Commission ) against the King coming to our view , we made divers objections against many passages in it , but especially at divers lashes that excitely at the beginning of is 〈…〉 us : which we told some of their friends , could not be put in with a spirit of peace towards us , or intention of good to the Nation , in those good things we desired and propounded for it : But it was with many fair expressions salved up by them ; upon which we judged it requisite for some of us to go to Windsor , to speak with Mr 〈◊〉 the S●●●-man himself ; and accordingly ( as I remember ) Lieut. Colonel VVeiton , Mr Petty , Mr VVildman , and my Self met there ; and having drawn up our thoughts in writing , we communi●ted them to Col. Tychburn , Col. VVhite , M. Moyer , and divers others of the Independent Party , who went with us to the Governours house , where we met with Mr Peters , the grand Journey-●● Ha●kney-man of the Army ; and after we had acquainted him with out windes , we delivered him a copy of our Paper , containing distinctly the Heads of what we desired , and intreated him to deliver them to Commissary Ireton , with whom we desired to discourse about them ; who sent us word , at such an hour be would come to our Ion at the Garter , to speak with us about them ; and accordingly he did , accompanied with a whole Train of Officers ; and a large and sharp discourse we had ; our principall difference lying at his desire in the too strict restraining liberty of conscience , and in keeping a power in the Parliament to punish where no visible Law is transgressed ; the unreasonablenesse of which was much spoken against by divers of the principall Officers with him , but especially by Col. Harrison , who was then extreme ( air and gilded : And so little satisfaction had we at that meeting , from Ireton ( the Army 's Alpha and Omega ) that we despaired of any good from them , and were in a manner resolved to come away in haste to London , and acquaint our friends with our conceptions , and so improve our Interests forcibly , as much at we could , to oppose their sounded designes . But Colonel Harrison coming to us again it ten a clock , according to our desire , we had a private and large discourse with him , and fully and effectually acquainted him with the most desperate mischie vousnesse of their attempting to do these things , without giving some good security to the Nation for the future settlement of their Liberties and Freedoms , especially in frequent , free , and successive Representatives , according to their many Promises , Oathes , Covenants and Declarations ; or else is soon as they had performed their intentions to destroy the King , ( which we fully understood they were absolutely resolved to do , ( yea , as they told us , though they did Mutiall Law ) and also totally to ●oot up the Parliament , and invite so many Members to come to them as would joyn with them , to manage businesses , till a new and equall Representative could by an Agreement be setled ; which the chiefest of them protested before God , was the ultimate and chiefest of their 〈◊〉 and desires ) I say , we press'd hard for security , before they 〈…〉 these things in the least lest when they were done ; we should he solely left to their wills and swords ; by which , we told them , they might rule over us 〈…〉 Laws , as a 〈◊〉 people , and so deal with us as 〈◊〉 slavish peasants ●● France and deale with , who enjoy nothing that they in call their 〈…〉 . All besides , we plainly valid we would not trust their bare 〈…〉 rall onely , for they had broke their promise once already , both with 〈…〉 the Kingdom ; and he that would break once , would make no conscience of breaking twice , if it served for his ends , and therefore they must come to some absolute particular compact with us , or else , some of us told him , we would post away to London , and stir up our Interest against them , yea and spend our blouds to oppose them . To which he replyed to this effect , he was true in what we said ; for he must ingenuously confesse , they had ones 〈◊〉 with us and the Kingdom , and therefore acknowledged it was dangerous ●●●sting them upon Generals again : Bursaith he , we cannot slay so long from going to 〈◊〉 with the Army as to perfect an Agreement ; and without our speedy going , we 〈◊〉 unavoydably destroyed : For ( saith he ) we fully understand , that the Treaty 〈…〉 the King and Parliament is almost concluded upon ; at the conclusion of which ●● shall be commanded by King and Parliament to disband , the which if we 〈…〉 unavoydably destroyed for what we have done already : and if we do not 〈…〉 will by Act of Parliament proclaim us Traytors , and declare in to be the onely 〈…〉 of setling peace in the Nation ; and then ( saith he ) we shall never be 〈…〉 with both the Interest of King and Parliament : so that you will be destroyed it well as we : sor we certainly understand that Major Generall Brown &c. 〈…〉 hand preparing an Army against us . And therefore I professe , I confesse , 〈◊〉 not well what to say to your Reasons , they are so strong ; but our Necessities 〈…〉 that we must speedily go , or perish ; and to go without giving you some content , is ●●●●●able too . Well Sir , ( said we ) we have as much cause to distrust the Parliament 〈◊〉 , as we have to distrust you ; for we know what and how many large 〈◊〉 they have made to the Kingdom , and how little they have performdely 〈…〉 we also know what a temptation Honour , Power , and profit are even to this spirits that were pretty ingenuous and honest before ; and when you have done your work , and got , as you pretend , forty or fifty of the honestest Members of the House to you ; alas , ( said we ) it will be a mock Power ; yet they may finde , such sweetnesse and delight in their pretended power , that they may sly to your swords for their protection ; and bid us go shake our 〈…〉 our Agreement , and go look it where we can catch it . And therefore we will trust generals no more to your forty or fifty Members of Parliament , then to you : for it 's possible , if we leave the Agreement to their 〈◊〉 , they may frame us such a one as will do us no good , but rather make 〈…〉 by our own consents , if signed by us : and therefore we pres●'d him that we might agree upon a finall and absolute Judge of the matter and 〈…〉 the Agreement , that so we might not spend months and yeers in dispute about it . And therefore we would propound this unto him , That if 〈◊〉 ●●nest friends in the Parliament , as they called them , would-●●use 〈…〉 amongst themselves , and the Army four from amongst themselves , and ●● Independents four from amongst themselves ; we that were 〈…〉 L●vellers , would chuse four from among ourselves ; and 〈…〉 dra●●p the Agreement finally , without any more appeal to any 〈…〉 for our parts , so far as all our Interest in England extended , 〈…〉 willing to acquiesce in , and submit to the determinations of them 16 , or the major part of them : And we would be willing the Presbyterian party should be●●vi●ed and desired to chuse four more to be of equall authority with the other sixteen . Provided , they did it by the first day we should appoint to meet upon . Which P●oposition he approved of extraordinary well , and said , It was ●● just , as rationall , and as equitable as possibly could be ; and said , He doubted not but all Interests would center in it , and ingaged to acquaint them with it : and so we parted , very glad that we were likely to come to some fixed agreement for the future enjoyment of our dear bought , and hard purchased Fr●edoms . And the next morning we went to the Gentlemen Independents , that lay the next door to us , who were almost ready to horse for London , and we acquainted them with it , who liked it very well , and with whom we fixed a night for severall distinct meetings in London , to chuse our retpective trustees for this work , and also appointed a day to meet at Winsor again about it , and from them we went to Master Holland , who then was the chief stickler , for those they called honest men in the House of Commons , and as I remember we ●et Colonel Harison , Master Holland , and Captaine Smith a Member , and his Son in Law in the Street , and Master Holland seemed exceedingly to rejoyce at the Proposition . Colonel Harison having told him of it before , which we repeated over distinctly to him , that so in conclusion we might not be gulled through pretence of mistakes or misunderstandings ; which we were continually a●●aid we should meet with ; so we went all together to Commissary Generall Ir●●ons chamber to have his concurrence , which of all sides was taken for the concurrence of the whole Army , or at least for the powerfull and gove●ning part of it ; he being in a manner both their eyes and ears : so when we came to his Chamber in the Castle , he was in Bed with his Wife , but sent us out word by Colonel Harison as he averred to us that he did absolutely and he●●tily agree to the foresaid Proposition , which to avoid mistakes , was again repeated , so we seemed joyfull men of all sides , and apointed a day speedily to meet at Winsor , about it , Master Holland againe and againe engaging for four Parlsament men , and Colonel Harison , with Commissary Ireton for four of the Army , as we Londoners had done for each of our tribe ; and so to horse we went , and I overtook upon the road the whole gang of Independants , with whom I discoursed again , and acquainted them all fully with the absolutenes of our agreement , which they acquainted their friends with in London , who chose Colonel Tichburn , Colonel Iohn White , Master Daniel Taylor , and Master Price the Scrivener ; And for our party , there was by unanimous consent of the Agents from our friends in and about London , at a every large meeting chosen Master William Walwyn , Master Maximilian Pe●●y , Master Iohn Wildman and my Self , and for the honest men of the Parliament as they were called , they had severall meetings at the Bell in Kings-street , and at Summerset-house , where as I was informed , they chose Colonel Hen●y Martyn , Colonel Alexander Rig●y , Master Thomas Challi●● and Master Sc●t , with one or two more to supply the places of those of them that should be absent at any time about their : occasio●s ; so when we cam● to Winsor the Army men had chosen Commissary Generall Iret●● , Sir William Constable , and as I remember Colonel Tomlinso● , Colonel Baxster , Lieutenant Colonel Kelsey , and Captain Par●●● , 〈◊〉 two of the which last 4 should alwayes make up the number ; so we had a ●●ting in their Councel-Chamber at the Castle , where we were all of all 〈◊〉 present , but only the Parliament men , for whom only Colonel M●●●●● app●●ed , and after a large discourse about the foundations of our agreement , we departed to our Lodging , where Colonel Martyn and we four nic●-named Lovellers , lockt our selves up , and went in good earnest to the consideration of of our Agreement , but much was not done in it there , because of their ha●●●●● London to force and breake up the Parliament ( which Journy at all ▪ was very much opposed by M. Wa●wyn , and many reasons he gave against their 〈◊〉 ●● London at all ) the absolute desolution of which their friends in the 〈◊〉 would no ways admit of , although Ireton , Harison &c. commonly stiled it 〈◊〉 a Parliament that had forfeited its trust , a mock Parliament , and that if they did not totally dissolve it , but purge it , it would be but a mock Parliament , and ● mockpower however ; for where have we say they either law , warrant or 〈…〉 purge it , or c●n any thing justifie us in the doing it ; but the height of 〈◊〉 to 〈◊〉 the Kingdom from a new war , that they with the conjunction with the 〈◊〉 will presently vote and declare for , and to procure a new and free representative 〈…〉 successive and frequent free Representatives , which this present Parliament 〈◊〉 never suffer , and without which the freedoms of the Nation are l●st 〈…〉 , and 〈◊〉 doing of which can only justifie before God and man ou● pres●●● 〈◊〉 formr extraordinary actings with , and against legall Authority , and so all our fighting fruitlesse ; and this was their open and common discourse , 〈◊〉 more of the like nature ; and to those that objected against their totall ●●●●●ving or breaking the House , ( and the illegalitie of their intended and 〈◊〉 trying of the King , which also was opposed by us , till a new and unquesti●●●ble Representative was sitting ; ) as I am able sufficiently by pluralitie of ●●nesses to prove and justifie , yea when they were come to London , 〈◊〉 , &c. and some Members of the House ( in a Chamber neer the long Gallery i● VVhite-hall , ) had a large conference , where and to whom he stifly 〈◊〉 the same to their faces , calling this Purg'd Parliament , a mocks power and 〈◊〉 Parliament , which Members I beleeve if there were a necessiry of it , I could produce to justifie it ; for I am sure one of them told me the substance of all the discourse immediatly after it happened ; So that if it be treason to 〈…〉 a Pretended Parliament , a mockpower , a mock Parliament , yea and to say in 〈◊〉 English , that it is no Parliament at all , then they themselves are the pr●●● , the 〈◊〉 and originall trayto●● ▪ and if this be true , as true it is ; then there 〈…〉 Legall Judges , nor Justices of Peace in England ; and if so ; then all those 〈…〉 executed at Tiburne , &c. by their sentences of condemnations given against them , ●● meerly marthered and the Judges or Justices that condemned the● 〈◊〉 liable in 〈◊〉 〈…〉 ( and that justly ) therefore , for acting without a just and ●●gall ●●●mission either from true Regall , or true Parliamentary power ; see for this purpose the notable arguments in the 13 ▪ 14 , but especially 15 page of the second Edition of my late picture of the Councell of State : But to 〈◊〉 to our acting to compleat the Agreement , all parties chosen of all sides ●●●stantly mett at White-hall after the Army came to town , saving the Parliament men failed , only Master Mortin was most commonly there , and a long and ●●dious ●ug we had with Commissary Generall 〈◊〉 only , yea 〈◊〉 whole nights together , Principally about Liberty of C●●sci●●●● , and 〈◊〉 Parliaments punishing where no law provides , and very angry and Lordly in his debates many times he was ; but to some kind of an expedient in the first , for peace sake we condescended in to please him , and so came amongst the major part of the 16 Commissioners , according to our originall Agreement , to an absolute and finall conclusion ; and thinking all had been done as to any more debate upon it , and that it should without any more ●doe be promoted for subscriptions , first at the Councell of Warre , and so in the Regiments , and so all over the Nation ; but alas poor fools we were meerly cheated and cozened ( it being the principall unhappinesse of some of us ( as to the flesh ) to have our eyes wide open to see things long before most honest men come to have their eyes open ; and this is that which turns to our smart and reproach ) and that which we Commissioners feared at the first , viz. ( that no tye , promises not ingagements were strong enough to the grand Juglers and Leaders of the Army , was now made cleerly manifest , for when it came to the Councel , there came the Generall , Crumwell , and the whole gang of creature Colonels and other Officers , and spent many dayes in taking it all in pieces ) and there Ireton himself shewed himself an absolute King , if not an Emperor , against whose will no man must dispute , and then ●●ittlecock 〈◊〉 their Scout , Okey , and Major Barton ( where Sir Hardres●e VVa●●er sate President ) begun in their open Councell to quarrell with us by giving some of us base and unworthy language , which procured them from me a sharpe retortment of their own basenesse and unworthinesse into their teeth , and a CHALLENG from my selfe into the field besides seeing they were like to fight with us in the room , in their own Garison , which when Sir Hardresse in my eare reproved me for it , I justified it and gave it him again for suffering us to be so affronted : And within a little time after I took my leave of them for a pack of dissembling juggling Knaves , amongst whom in consultation ever thereafter I should scorn to come ( as I told some of them ; ) for there was neither saith , truth , nor common honesty amongst ●hem : and so away I went to those that chose and trusted me , and gave publikely and effectually ( at a set meeting appointed on purpose ) to divers of them an exact account how they had dealt with us , and couzened and deceived us ; and so absolutely discharged my self for medling or making any more with so perfidious a generation of men as the great ones of the Army were , but especially the cunningest of Machiavilians Commissary Henry Ireton : and having an exact copy of what the greatest part of the foresaid sixteen had agreed upon , I onely mended a clause in the first Reserve about Religion , to the sense of us all but Ireton , and put an Epistle to it , of the 15 of December 164● , and printed it of my own accord , and the next day it came abroad ; about which Mr Price the Scrivener and my self had a good sharp bout at Colonel T●●bburn's house within two or three dayes after , where I avowed the publishing of it , and also putting my Epistle to it of my own head and accord . And after that I came no more among●●hem , but with other of my friends , prepared a complaint against their dealing with us , and a kinde of Protest against their proceedings ; which with my own ha●d I presented to the Generals own hands at the News , the 28 of December 1648 , being accompanied with Major Robert Cobbet , Mr. Thomas Prince , Mr. George 〈◊〉 ●● Mr. Robert Davies , Mr. Richard Overton , Mr. Edward ●e●ch , Mr. D●●i●l Li●ton , Mr. William Bottom , Mr. John Harris , Mr. Thomas Dafferne , Mr. Thomas Goddard , Mr. Samuel Blaiklock , Mr. Andrew Dedn●m , Mr. John Walters , and Mr. Richard Pechel ; and which was immediately printed by Ja. and Jo. Moxon , for William Larner , at the signe of the Black Moor neer Bishops-gate : within two or three dayes of the delivery of which , I went towards my Journey to Newcastle ; and about five weeks after my arrivall in those parts , I heard that the General and his Councel had presented their Agreement to your House : which , when I read the title page of it , I found it to be upon the 20 of January 1648 , which is compleat 35 dayes after my publishing of that which is called ours . And yet in the third and fourth pages of a Declaration of the proceedings of the General in reducing the late revolted Troops , appointed by his Excell●ncy and his Councel of VVar to be printed and published May 22 1649 , and signed by their Order , Richard Ha●ter Secretary , and first printed at Oxford , and then re-printed at London May 23 ▪ 1649. I finde these very words , viz. The grounds and manner of the proceedings of these men that have so much pretended for the Liberty of the people , have been as followeth : There was a paper stiled the Agreement of the people , framed by certain select persons , and debated at a generall Councel of Officers of the Army , to be tendered to the Parliament , and to be by them commended over to the people of the Nation : It being hoped , that such an Expedient , if assented unto , at least by the honest part of the people that had appeared for this common Cause , to which God hath so witnessed , it would have tended much to settlement , and the composing of our differences ; at le●s● have fixed honest men to such grounds of certainty as might have kept them firm and entire in opposing the common enemy , and stand united to publick Interest . The generall Councell of the Army , and the other sorts of men , going then under the name of Levellers ( so baptized by your selves at Putney ) who ( by their late actings have made good the same which we then judged but an imputation ) had ( as now it appears ) different ends and aims , both in the matter and manner of their proceedings : That which was intended by those men , was to have somewhat ●●dred as a test and coertion upon the people , and all sorts of men and Authorities in ●he Land : That which these , to wit , the Councell of the Army aimed at , was to make an humble Representation of such things as were then likely to give satisfaction , and unite , and might be remitted to MENS JUDGMENTS , to be owned or disowned as men were satisfied in their consciences , and as it should please God to le● men SEE REASON for their so doing ; that so it might not be onely called ●● Agreement , but through the freedom of it , be one INDEED , and RECEIVE IT'S STAMP OF APPROBATION FROM THE PARLIAMENT TO WHOM IT WAS HUMBLY SUBMITTED . HEREUPON THOSE OTHER MEN TOOK so much DISSATISFACTION , that they forthwith printed and spread abroad their paper , which was different from that of the Army ; using all possible m●ans to make the same to passe : but with how little effect , is very well known . And finding by the Armie's application to the PARLIAMENT , that they were likely , according to their duty , to STAND BY AND OWN THEM AS THE SUPREME AUTHORITY OF THE NATION , they have by all means assayed to vi●●pend that Authority , presenting them to the people ( in printed Lib●ls , and otherwise ) as worse Tyrants then any who were before them . In which passage of the Generals and his Councel , I shall desire to observe these things , which plainly to me are in the words : and if they can make it appear that I mistake their words as they are laid down , I shall cry them mercy . First , That they give a false and untrue Narrative of the original occasion of that Agreement , to which by our importunate importunity they were necessitated , and drawn unto that little they did in it as a Bear to the stake , as is truely by me before declared ; and which , as the sequell shews , they undertook meerly to quiet and please us ( like children with rattles ) till they had done their main work ; ( viz. either in an●hilating or purging the House to make it fit for their purpose , and in destroyng the King ; unto both which they never had our consents in the least ) that so they might have no opposition from us , but that we might be lull'd asleep in a fools paradise with thoughts of their honest intentions , till all was over ; and then totally lay it aside , as they have done , as being then able to do what they pleased whether we would or no : for if they ever had intended an Agreement , why do they let their own lie dormant in the pretended Parliament ever since they presented it ? seeing it is obvious to every knowing English eye , that from the day they presented it to thi●●our , they have had as much power over their own Parliament now sitting , as any School-master in England ever had over his Boys . But to them it was presented ( who scarce ought to meddle with it ) on purpose , that there , without any more stir about it , it might be lodged for ever : For alas , an Agreement of the People is not proper to come from the Parliament , because it comes from thence rather with a command then any thing else ; so that its we , and not they that really and in good earnest say , it ought not to do , but to be voluntary . Besides , that which is done by one Parliament , as a Parliament , may be undone by the next Parliament : but an Agreement of the People begun and ended amongst the People can never come justly within the Parliaments cognizance to destroy : which the Generall and the chief of his Councel knew well enough ; and I dare safely say it upon my conscience , that an Agreement of the People upon foundations of just freedom gon through with , is a thing the Generall and the chiefest of his Councel as much hates , as they do honesty , justice and righteousnesse , ( which they long since abandoned ) against which in their own spirits they are absolutely resolved ( I do verily beleeve ) to spend their heart blouds , and not to leave a man breathing in English air , if possibly they can , that throughly and resolutely prosecutes it ; a new and just Parliament being more dreadful to them , then the great day of Judgement spoken so much of in the Scripture . And although they have beheaded the King , yet I am confidently perswaded their enmity is such at the Peoples Liberties , that they would sooner run the hazard of letting the Prince in to reign in his Fathers stead , then further really a just Agreement , or endure the sight of a new Parliament rightly constituted . Secondly , It s plain to me out of their words , That they positively aver , that their Agreement was presented to the Parliament before ours was published in print ; which I must and do here tell both the 〈…〉 Councel , is the arrantest lie and falshood under the cope of he●ven : for I have truely before declared , and will justifie it with my life , that ours 〈…〉 printed above thirty dayes before theirs was presented ; yea , it was printed before theirs was half perfected . But it is no wonder , when men t●●n their backs of God , of a good conscience , of righteousnesse and common hon●●y amongst men , and make lies and falshoods , oppression and bloody cruelty their sole confidence and refuge , that then they say or swear any thing ; all which , if the Generall and his Councel had not done , they would have scorned and abhorred , in the face of the Sun , to have affirmed and printed so many lies , as in their foregoing words is literally ( without wresting ) contained . Thirdly , They positively hint , our dissatisfaction was taken at them for presenting theirs to the Parliament ; which is also as false as the former : 〈◊〉 1. Our dissatisfaction was above a month before declared in their open Councel by my self , &c. as Sir Hardresse Waller and divers others of them 〈◊〉 but justifie . 2. Our dissatisfaction was long before taken , upon the grounds by me before specified : the manifestations of which dissatisfaction I presented to the Generals own hands the 28 of December 1648 , acco●●●●● and subscribed with my own name , and fifteen more of my Co●●●es , i● behalf of our selves , and all our friends that sent us , which we also ●●●●●ately caused to be printed . And their Agreement , as th●●itle of it decl●●● ▪ was not presented till the 20 of Jan. after . Fourthly , They say , VVe used all possible means to make ours passe ; 〈…〉 how little successe , they say , is very well known . If they mean , we used all p●ssible means to make ours passe with them , it 's true ; but the reason i● 〈…〉 better effect , was because they had no minde to it , it was too ho●●ct for 〈◊〉 : and I am sure , in the very Epistle to it , it is declarared , That the 〈◊〉 reason of the printing of it , is , that the people might have ●● opport●●ity 〈…〉 the equitie of it , and offer their reasons against any thing therein 〈…〉 . And 〈◊〉 was all the means , after the printing of it , we used to make it passe . A●●●e , we knew the Armies swords were longer then ours , and would by force ●● in pieces all our endeavours that we should use against their minds and 〈◊〉 , by reason of the peoples cowardlinesse ; and therefore we let ours rest , and were willing to sit still to see them perfect theirs , and never did any thing in it since amongst the people to make it passe , that I know of . Fifthly , They say , VVe were troubled at their doing their d●ty , in 〈◊〉 to authority , and ow●ing the Parliament a● the Supr●m● Authoritie of the 〈◊〉 : When as alas , it is as visible as the Sun when it shines in its glory and splendour , That CORAH , DATHAN and ABIRAM of old were never such Rebels against Authoritie as the General and his Councel are , 〈…〉 Anabapt●●●s at M●ns●er with JOHN of LEYDON and NEPERDULLION were never more conte●●●ers of Authority ; nor JACK STRAW , nor WAT TILER , nor all those faomous men mentioned with a black pen in our Histories , and called Rebels and Trayt●rs , can never be put in any seale of equ●ll balance , for all manner of REBELLIONS and TREASONS 〈◊〉 all sorts and kindes of Magistracy , with the Generall and his Councell : And I will under take the t●●k upon my life , to make good every particular of this I 〈◊〉 say , to the G●●●●l's face . For did any , or all of them 〈◊〉 mentioned , 〈…〉 against their Advancers , Promotors and C●eators , as those have done two severall times ? Did ever any , or all of them chop off ( without all 〈◊〉 of Law ) a KING's and NOBLES HEADS ? r●vish and 〈◊〉 a Parliament twice ? nay , raze the foundation of a Parliament to the ground ? and under the notion of performing a trust , break all Oathes , Co●●●●nts , Protestations and Declarations , ( and make evidently void all the declared ends of the War ) which was one of Strafford's principal Treasons , and which is notably aggravated against him by M. Pym in his fore-mentioned Speech against him ? pag. 9. 11. and under pretence of preserving their Laws , Liberties , and Freedoms , destroy , annihil●te , and tread under their feet all their Laws , Liberties , Freedoms and Properties ( although they could cite against S●r●●ord the precedent of Tri●●lian chief Justice , who lost his life for delivering of opinions for the subversion of the Law , as S. John's Argument of Law against him , pag. last but one declares ; yea , and against the Ship-money Judges , and also the Precedent of Judg Belknap in King Richard the Second's time , who was by the Parliament banished for but subscribing an opinion against Law , though forc'd by a dagger held to his brest , thereto ; yea , and ci●e also the preced●nt against him , which was against Justice Thorp in Edward the Third's time , who was by the Parliament condemned to death for bribery : the reason of which Judgment , they say , was , because he had broken the Kings Oath , that solemn and great Obligation ( as Mr. Pym ibid. calls it ) which is the security of the whole Kingdom . ) All which forementioned , either with pen or tongue by dispute , I wil particularly maintain and make good upon my life , publickly , before the face of the Kingdom , against the stoutest and ablest of their Champions in all their pretended Churches of God , either Independent or An●baptistical ; and that they are altogether unsavoury salt , good for nothing but to be abominated , and thrown out to the dunghil , as fit for nothing but the indignation of God , and the peoples wrath . And as for their stiling this their own J●●to the supreme Authoritie ; I know the time not long since , when that stile to be given to the House of Commons single , was accounted an abominable wickednesse in the eye of the chiefest of them : Yea , I also know the time , and am able sufficiently to justifie and prove it , that they were absolutely resolved and determined to pull up this their own Parliament by the roots , and not so much as to leave a shadow of it ( frequently then calling it a MOCK-POWER , and a MOCK-PARLIAMENT : ) yea , and had done it , if we , and some in the House of our then friends , had not been the principall instruments to hinder them ; we judging it then , of two evils the least , to chuse rather to be governed by the shadow of a Parliament , till we could get a reall and true one ( which with the greatest protestations in the world they then promised and engaged with all their might speedily to effect ) then simply , solely and onely by the wil● of Sword-men , whom we had already found to be men of no very tender consciences : But to me it is no wonder , that they own this for the supreme Power , seeing they have totally in Law , Reason and Justice broke the Parliament , and absolutely , by the hands of Tho. Pride , set up indeed a MOCK-POWER , and a MOCK-PARLIAMENT , by p●rgi●g 〈◊〉 all those 〈◊〉 they 〈…〉 way jeolous of , would not vote as they would have them , and suffering and 〈◊〉 none to sit but ( for the major part of the● ) a company of absolute School boys , the will , like good boyes , say their lessons after , them their Lords and Masters , and 〈◊〉 they would have them ; and so be a screen ( as yong H. Vane used to call the King ) betwixt them and the p●ople , with the name of Parliament , and the 〈◊〉 and imperfect image of legal and just Authority , to pick their pockets for the● by Assessments and l●x●●ions ; and by their arbitrary and tyrannicall Courts 〈◊〉 Committees , ( the best of which is now ●ecome a perfect Star chamber , High-Commission and Councel board ) 〈◊〉 them their perfect slaves and 〈◊〉 their constant and co●tinuall breaking and abasing of their spirits ; a thing so much complained of against the E●rl of Strafford , by the late Parliament 〈◊〉 his tryal , especially in M. Pym's notable Speech against him , pag. 7 as it is printed 1641 , at ●he lat●r end o● a book called Speeches and Passages : where speaking against Oppression , and the exercise of a tyrannicall and arbitrary pow●● , ( the Earl of St●afford , sins , which now are become more the great mens of the Army ) ●e saith , It is inconfistent with the peace , the wealth , the prosperity of a Nation , it is destructive to Justice , the mother of peace ; to Inductry , the spring of wealth ; ●● Valour , which is the active vertue whereby the prosperity of a Nation can 〈◊〉 be procured , confirmed , and inlarged . It is not only ape to take away Peace , and so intangle the Nation with Wars ; 〈◊〉 doth corrupt Peace , and puts such amalignitie into it , as produceth the effects of War , as he there instanceth in the Earl of Straffords Government . And as for Industry and Valour , Who will take pains for that ( saith he ) which when he 〈◊〉 gotten , is not his own ? or who will fight for that wherein he hath no other int●●est , but such as is subject to the will of another ? The ancient incouragement to 〈◊〉 that were to defend their Countries was this , That they were to hazard their persons , pro aris & socis , for their Religion , and for their houses ; But by this arbitrary way , which was practised ( by the Earl ) in Ireland and counselled here ; ●● man had any certainty , either of Religion , or of his House , or any thing else to be his own : But besides this , such arbitrary courses have an ill operation upon the courage of a Nation , by IMBASING THE HEARTS OF THE PEOPLE ; A servile condition doth for the most part beget in men a slavish temper and disposition . Those that live so much under the Whip and the Pill●ry , and such SERVILE engines , as were frequently used by the Earl of Strafford , they may have the dregs of valour , sullenness , and stubbornness , which may make them prone to mutinies and discontents ; But th●se nobie and gallant affections which put men on ●rave designes and attempts for the preservation or inlargement of a Kingdom , they are hardly capable of : Shall it be treason to embase the Kings coin , though but a piece of Twelve-pence or Six-pence ; and must it ●● needs be the effect of a greater ●reason , to EMBASE THE SPIRITS of his Subjects , and to set a stamp and CHARACTER OF SERVITUDE upon them , when by it they shall be disabled to doe any thing for the service of the King or Common wealth ? O most excellent and transcendent saying ! worthy to be writ in a ●able of gold in every Englishmans house . But Sir , I say , No wonder , all the things foregoing rightly 〈◊〉 〈◊〉 ●● own you ( now as Thom●● Pride hath made you ) for the 〈…〉 of the Nation , although before they would neither submit to the Kings not the Parliament , when it was a thousand times more unquestionably 〈◊〉 Law and Reason , then now you are ; but fought against both King and Parliament , their setters up , conquered them , repelled them , subdued them , and broke them both ; and so pull'd up by the roots all the legall and visible Magistracy and Authority in the Nation , and thereby left none but themselves , who stand in parallell to none ( as they have manage ● their businesse ) but to a company of murderers , theeves and robbers , who may justly be dispossessed by the first force that are able to do it ( as Mr. Py● undenyably and fully proves in the foresaid Speech pag. 3. 9. 11. ) no pretended Authority that they of themselves and by their swords can set up , having in the sight of God or man , either in Law or Reason , any more just Authority in them , then so many Argier Pirats and Robbers upon the Sea have . And so much in answer at present to the forementioned part of the Generals Declaration . But now to return back , after this necessary Digression , to my own S●●●y of going down into the North , where &c. I received of my 3000 l. allotted me , for my hard suffered for , deer purchased , and long expected Reparations , 400 l. of Sir Arthur Hasterig , for sequestred Coles and Iron , of Mr. Bowes's , and got besides betwixt 100 and 200 l. in Rents , Free-quarter and Taxes having eat out the bowels , soul and life of them , being served in the wood allotted me , ( the principall thing in my e●e , by old Sir Henry Van● my old blo●dy enemy ) as is in part declared before in page 15 and 16. who hath Treason and crimes enough upon him , not onely to throw him out of the House , if it were any , but also to send him to a Sca●●old or Gallows , as is very notably declared in print in England's Birth right , pag. 19. 20. 21. in which pages you may read his Charge of High Treason exhibited against him to the Earl of Ess●x in anno 1643. by severall Gentlemen of the County of Darham ; for his trayterous betraying their Country ( and so consequently all the North ) to the Earl of Newcastle ; for which &c. ●e better deserved in Law , equiry and reason to lose his head , then either H●mbleton , or stout Capel did for theirs , they having betrayed no trust ( but had the letter of the Law of England &c , to j●stifie them in what they did ) as ●e most palpably hath done . And as for his breaking up the little Parliament , his Star chamber wickednesse , and his desperate Gun-powder Monopoly , with his and his so●● Sir Geo●ge Vane's late jugglings in the County of Durham ▪ I have pretty well anatomised in my book called The resolved mans resolution , page 13. 14. 15. 16. 17. 18. his very having a hand in the Gunpowder Monopoly alone being sufficient long since to throw him out of your House , as being uncapable to be ● Member therein , as cleerly appears by your Votes and Orders of the 19. and 25 of Nov. 1640. one of which , as it is printed in the foresaid Speech●● and Passages , pag. 329. thus followeth : It is ordered upon the Question , That all Projectors and Monopolizers whatsoever ; or that have had any share in any Monopolies , or that ●●receive , or 〈…〉 receives any benefit by any Monopolies or Patent , or that have procured any Warrant or Command for the restrain● or molesting of any that have refused 〈…〉 themselves ●● any Proclamation or project , are disabled by Order of this House , to be ● Member thereof , and shall be dealt with as a stranger , that hath no power to sit there . In the compas●e of which Order is ●oth Sir Henry Mil●●ore and Law●●● VVhittaker , and ought in justice , for their no●orious Monopolising , to be both long since thrown out of the House . But again to return : After I had done as much in the North as I could ●● present do about my own busines●e , I came again to London , where I fixed up my resolution wholly to devote my self to provide for the future well-being of my wife and children , and not without the extraordinariest necessity engage in any publick contests again , making it my work to enquire into the true estate of things with the great men that s●t at the ●elm , and whether the bent of their spirits now after they had taken off the King , was to set the Nation free from Ty●anny , as well as from some they called principal Tyrants ; and whether or no the drift of all their actions were but a meer changing of persons , but not of things or tyranny it self : and truly my observations and inquiries brought me in so little satisfaction in the visible intention of the ruling men , for all their many solemn Ingagements to the contrary , th● I looked cleerly at the whole tendency of their wayes , to drive at a greater Tyranny then ever , in the worst of the Kings Reign , ( before the Parliament ) was exercised : at which I bit my lip , but said little , and went to no meeting ; which made many of my old faithfull friends be jealous of me , some of whom gave out some private hints , that I had now served my self by my pretended Rep●rations , and I was thereby quieted , and was become like all the rest of the world , and so there was an end of me . But I confesse , I was in a kinde of deep muse with my self , what to do with my self ; being like an old weather-beaten ship , that would fain be in some harbour of ease and rest , and my thoughts were very much bent of going into Holland , where I conjectured I should be out of harms way , and get a little repose . And while I was thus musing , I heard from thence of a most transcendent ●eight and rage that the Kings party there were in , especially about the beheading the late King ; so that I judged there was no safety for me there , especially when I called to minde what the Post-master of B●rrow-brigs and others in York-shire told me as I came up from Newcastle , which was , that the C●●liers in those parts were most desperate mad at me in particular , about the beheading of the late King : although I were as far as Newcastle when it was done , and refused to give my consent to be one of his Judges , although I was solicited so to be before I went out of London ; yea , although I ●●●●edly declared my self at Windsor against the manner and time of their intended dealing with him ; arguing there very stifly , that upon their own principles , which led them to look upon all legall Authority in England ●● now broken , they could be no better then murderers in taking away the King● life though never so guilty of the crimes they charged upon him : for as justice ought to be done , especially for bloud , which they then principally charged upon him ; so said I , and still say , It ought to be 〈◊〉 justly : 〈◊〉 in case another man murder me , and a day , a week , or a yeer after my brother or friend that is no legall Magistrate , execuces him ▪ therefore , yet this is ●●●der in the eye of the Law , because it was done by a hand had no Authority to do it . And therefore I pressed again and again , seeing themselves confess'd all legal Authority in England was broke , that they would stay his tryall till a new and equal free Representative upon the Agreement of the well-assected people , that had not fought against their Liberties , Rights and Freedoms , could be chosen and sit , and then either try him thereby , or else by their Judges sitting in the Court called Kings Bench. But they at Windsor ask'd me how by Law I could have him tryed : I told them , the Law of England expresly saith , Whosoever ●●rders or kils another shall die ; it doth not say , excepting the King , Queen , or Prince , &c. but indefinitely , whosoever murders shall ●e ; and therefore where none is excepted , there all men are included in Law : But the King is a man : Ergo , he is included as well as I. Unto which it was objected , that it would hardly be proved , that the King with his own hands kill'd a man : To which I answered , by the Law of England , ●e that counsels or commissionates others to kill a man or men , is as guilty of the fact , as he or they that do it : And besides , the advantage of ●rying of the King by the rules of the Law , would be sufficient to declare , that no man is born ( or justly can be made ) lawlesse , but that even Magistrates as well as people are subject to the penall part of the Law , as well as the directive part : And besides , to try him in an extraordinary way , that hath no reall footsteps nor paths in our Law , would be a thing of extraordinary ill Precedent ; for why not twenty upon pretended extraordinary cases , as wel as one ? and why not a thousand as wel as twenty ▪ and extraordinary cases are easily made and pretended by those that are uppermost , though never so unjust in themselves . And besides , to try him in an extraordinary way , when the Law hath provided all the essentials of justice in an ordinary way , ( and meerly wants nothing ( if it do want ) but twelve Kings as his Peer● or Equals ) will nourish and increase in men that erroneous conce●● , That Mag●●●rates by the Law of God , Nature , and Reason , are not , no nor ought not to be subject to the penal part of the Laws of men , as well as the directive part of it , which is the bane , ruine and destruction of all the Common-wealths in the world . I say , the confideration of the things fore-mentioned put me off the thought● of going to Holland my self : and then I put the query to my self , What course I should ( being now a free man ) take for my livelihood : for if I and my family lived upon the main stock , which was not very much , ( now that I had paid almost all my debts ) that would soon waste and be gone ; and to take a place for my future livelihood , as I have been offered often , and that ●● considerable one ; that I could not do , for these reasons : First , because I was not satisfied in the present power or Authority to act under them ; and so if I should , I should be a supporter of so unj●st and illegal a fabrick as I judged an everlasting Parliament ( p●rged twice by force of Arms by the hands of their meer mercenary servants ) to be ; who were principally raised , bired and paid to kil those they esteemed and judged Bears , Wolves , 〈◊〉 and P●●kass : that took up Arms against the true , chast and legally co●●●●tu●ed Representative of the Nation , being not in the least bir●● or raised to be the Masters of their Masters , or the Lawgivers to the legal Law ▪ ●●kers of the Nation in case of necessity . And that an everlasting Parliamnet is dostructive to the very life and soul of the Liberties of this Nation , I 〈◊〉 prove ; first by Law , and secondly by Reason . And first by Law : The Law Books do shew , That a Parliament ( which in its own institution is excellent good physick , but never was intended , no● safely can be used for diet , because it is so unlimited and arbitrary ) was called and held somtimes twice a yeer before the Conquest , as is declared by Lambert , in his Collection of Laws before the Conquest , amongst the Laws of Edgar , chap. ● . and by Sir Edward Cook ▪ in his margent in the ninth page of his par 4. Inst●● . in the Cha●t . of High Court of Parliament : which with other of the Liberties of England being by force of arms subdued by the Bastard Norman Conquetor , although he three severall times took his oath after his being owned for King , to maintain their Laws and Liberties , as being not able , nor judging his Conquest so good , just and secure a Plea to hold his new got Crown by , as an after mutuall compact with the people , or their Representatives over whom he was to rule : and therefore , as Co●k in the foresaid Chapt. pag. 12. declares , a Parliament , o● a kinde of one , was held in his time . See also 21 Edw. 3 fol 60. and 1 part . Institut . lib. 2. chap. 10. Sect. 164. fol. 110. a. and came to be more frequently used in his Successors time ; yea , even to be 〈◊〉 in two years in Edward the First or Second's time ; at which notwithstanding the people grumbled , as being an abridgment of their ancient and undoubted Libertie , to meet more frequently in their National and publick assemblies , to treat and conclude of things for their weal and better being ; the want of which , of ancient time lost this Island to the Romans , as Co●k declares , 4 part . 〈◊〉 . fol. 9. out of Ta●itus in the Life of Agricola , pag. 306. whereupon it was ●nacted in full Parliament in Edw. the Thirds time , That the King ( who is their Officer of trust ) should assemble and call them together once every yeer , or more often if need require ; as appears by the Statute of 4 Edw. 3. 14. But because this was not constantly used by that King , but there sometimes was intervals of three or four yeers betwixt Parliament and Parliament , which was a diminution of the soul and life of all their Liberties , viz frequent and often 〈◊〉 Parliaments ; therefore in the 36 yeer of his Reign annuall Parliaments are provided for again , and also the causes of their assembling declared in these very words : Item , For maintenance of the said Articles and Statutes , and redresse of divers mischiefs and grievances which daily happen , a Parliament shall be holden every yeer , as another time was ordained by a Statute of 4. Edw. 3. chap. 14. But King Charles exceedingly breaking his trust , in the frequent calling of Parliaments , and dissolving them at his pleasure , when they came to treat of any thing that he liked not , and so made them uselesse to the Nation ; both which was against his trust , as you notably declare in your Declaration of Novemb. 2. 1642. 1 part Book Decl. pag. 701 , 702. And of which you most bitterly complain in your first Remonstrance , 1 part Book Decl. pag. 5. 6. 11. and in pag. 10. 11 ibidem you declare , That his destroying of these two grand Fr●●d●ms of the People , viz. Frequent , successive Parliaments , and free D●●a●es therein , bad corrupted and distempered the whole frame and Government of the King●●● , and brought in nothing but wayes of destruction and Tyranny . For the preventing of which for the future , you got an Act to passe in the s●xte●●th yeer of the late King , and the first yeer of this long-winded Parliament , to 〈…〉 of the two forementioned Acts for an annuall Parliament : And further there say thus : And whereas it is by experience found , that the not holding of Parliaments according to the two forementioned Acts , hath produced sundry and great mischiefs and inconveniences to the Kings Majesty , the Church and Common-wealth ; For the prevention of the like mischiefs and inconveniences in time to come , Be it enacted by the Kings most excellent Majesty , with the consent of the Lords Spirituall and Temporall . and the Commons in this present Parliament assembled , That the said [ LAST FOREMENTIONED ] Laws and Statutes be from henceforth duely kept and observed . And you there go on and enact , that in case the King perform not this part of his trust in calling annuall Parliaments , that then a Trienniall one shall be CALLED BY THE LORD KEEPER , &c. whether the King will or no. And there being no provision in this Act , but that the King might break up this Parliament at his pleasure , as before he used to do , and so dis-inable you to discharge your trust and duty to the people , in providing fit remedies for those many grievances then extraordinarily spread over the whole Nation , that the long intermission of Parliaments had occasioned ; you therefore presse the King to grant an Act , that the two Houses might not be dissolved but by your own consents ; which the King condescended unto the rather , because the Scotch Army was then in the Kingdom , which he longed to be rid of , and which you pretended you could not pay without such an Act ; these being the true declared and intended causes of it , both in King and Parliament : There being not one word in the Act that authoriseth the two Houses to be a constant and perpetuall Parliament , which was never so much as intended nor pretended ; and which if in the Act it had been absolutely declared , it had been a void and a null Act in it self , as being both against the nature of the Kings trust and Yours : which ( as in your Book of Decl. part 1. pag. 150. you declare ) is , to provide for the peoples weal , but not for their woe ; for their better being , but not for their worse being . For , your Interest and the Kings both being Interests of Trust , as your Declarations do plentifully and plainly declare , 1 part Book Decl. pag. 206. 266. 267. 382. but especially your present Junto's late Declaration , against the late beheaded King , and Kingly Government of the 17 of March 1648. pag. 2. 11 13. 15. 16. compared with 24. 25. 27. And all Interests of trust whatsoever are for the use of others , and cannot , nor ought not to be imployed to their own particular , nor to any other use , saving that onely for which they are intended , according to the condition and true intent thereof , 1 part Book Dec. pag. 266. 267. 700. And your trust is onely for the good of the Nation ; which is the principall , or onely end of all Government in the Nation ; as you confesse in your foresaid Declaration of March 17 , pag. 6. and in 2 part Book Decl. pag. 95. 879. And therefore , if you had put the King upon such an Act as the establishing of a perpetuall Parliament , you had thereby destroyed frequent , successive and annually chosen Parliaments ; for which you had been T●aytors in the highest nature to your trust , in destroying the very PILLARS , LIFE , MARROW and SOUL OF ALL THE PEOPLES LIBERTIES , for the presentation of which they chose you , and which would shortly bring in ( as is too evident ●● this day ) greater disorders , confusions , and tyrannies then ever were in all the Kings Reign before ; and so wholly and fully make your selves guilty of that which he was but in part ( viz. the establishing of a perfect Tyranny by Law ) an everlasting Parliament being ten thousand times worse then no Parliament at all ; for no such slavery under the cope of heaven , as that which is brought upon the people by pretence of Law , and their own vol●●tary 〈◊〉 ; and no greater Treason can there be in the world committed , then for ●● i●teressed Power to keep their Commission longer then by the letter , equitie or intention of their Commissions their Masters really intended they should ; especially when it is kept by force of Arms , to the Masters hurt , and the danger of his total destruction , for the meer advancement of their servants and their Associates : all which is the case of your pretended Parliament , whereof you are now Speaker , and that you were never intended to sit so long as you have done , nor to be everlasting . I shall here recite the Act it self ●●●batim , the onely and alone pretence of a Commission you have , and then take it in pieces by paraphrasing upon it . The Act it self thus followeth : Anno XVII CAROLI Regis . An ACT to prevent inconveniences which may happen by the untimely Adjourning , Proroguing , or Dissolving of this present PARLIAMENT . WHereas great Summs of money must of necessity be speedily advanced and provided for the relief of his Majestie 's Army and people in the Northern parts of this Realm , and for the preventing the imminent danger this Kingdom is in , and for supply of other his Majesties present and urgent occasions , which cannot be so timely effected as is requisite , without credit for raising the said moneys ; which credit cannot be obtained , until such obstacles be first removed as are occasioned by fears , jealousies , and apprehensions of divers of his Majesties loyall Subjects , that this present Parliament may be adjourned , prorogued , or dissolved BEFORE JUSTICE SHALL BE DULY EXECUTED UPON DELINQUENTS , publick Grievances redressed , a firm Peace betwixt the two Nations of England and Scotland concluded , and before sufficient provision be made for the repayment of the said moneys so to be raised : All which the Co●●●●● in this present Parliament assembled having duly considered , do therefore humbly beseech your most excellent Majesty , that it may be declared and enacted , And be it declared and enacted by the King our Soveraig● Lord , with the assent of the Lords and Commons in this present Parliament assembled , and by the Authority of the same , That this present Parliament now assembled , shall not be dissolved , unlesse it be by Act of Parliament to be passed for that purpose ; nor shall be at any time or times during the continuance thereof , pr●rogued or adjourned , unlesse it be by Act of Parliament to be likewise passed for that purpose : And that the House of Peers shall not at any time or times during this present Parliament , be adjourned , unlesse it be by themselves , or by their own Order : And in like manner , That the House of Commons shall not at any time or times during this present Parliament , be adjourned , unlesse it be by themselves , or by their own Order ; and that all and every thing or things whatsoever done or to be done , for the adjournment , proroguing , or dissolving of this present Parliament contrary to this present Act , shall be utterly void , and of none effect . The true intent and meaning of this Act in the Framers , Makers , and Contrivers of it , was meerly to secure their sitting for some reasonable time , that so they might be able to apply fit plasters to the great sores of the Nation , and not be broken up suddenly , before they had applyed them to the so●es , and laid them on ; and their fear was , the King would , as he used to do , dissolve them suddenly ; security from which was their onely end in procuring this Act , and not in the least to make this a perpe●uall Parliament ; which I demonstrate thus : First , A perpetual Parliament is repugn●nt to the Act made this Parliament for a Triennial Parliament ( which in your Declarations is so highly extolled after the making of both the Acts ▪ ) for how can every three yeers a Parliament be begun , if this be perpetuall ? which by the Act may be so , if the two Houses please . But in all the Act there is not one word of the an●i●ilating or repealing of the Act for a T●ienn●all Parliament ; which , if it had been intended , it would have mentioned , and not left such a businesse of consequence in any doubtfulnesse whatsoever : and the not mentioning of it , is a cleer declaration to all the Readers of it , That their designe solely in the last Act ▪ was onely to secure themselves from the Kings sudden and quick dissolving them at his wil and pleasure . And therefore , Secondly , In Law , according to the constitution of ou● Parliaments , an Adjournment of the Parliament makes no Session ; howbeit , before the Adjournment the King gives his affent to some Bi●s ; as is plain out of Cook● ▪ 4 Instit . chap. High Court of Parliament , fol. 27. authorised to be printed by th● late Parliament , in its purest purity for good Law. Thirdly , In Law there is no Session in a pr●●●gation or 〈…〉 the Parliament ; they are the words of Cook himself , fol. 27. ibid. Fourthly , This Parliament , as appears by the Act for not dissolving 〈◊〉 of , before mentioned , cannot be prorogued by the King , but by Act of Parliament : but there hath been as yet no Act of Parliament in that behalf ▪ and therefore all the Acts of this Parliament are in law Acts of one Session , 〈◊〉 pears by Plo●d Com. 33. H. 8. B ● . relation 3● . 〈◊〉 . Parl. ●6 . Di●● 1. 〈◊〉 . 8● . Fifthly , In Law , all Acts of one Session , relate to the first day of the Parliament , and all the Acts of such a Parliament are Act ▪ of one day ; so the 〈◊〉 for the Triennial , and the Act for this perpetual Parliament , are two Acts of one day , by the Law. Sixthly , the 4 Edw. 3. chap. 14. & 36. Edw 3. chap. 10. forementioned , 〈◊〉 cla●es that a Parliament ought to be holden once every year , and mo●● 〈◊〉 need be , those very Acts are every clause of them confirmed this Parliament , which also provides , that in case the King break those Laws , and do not annually call Parliaments , as is before declared , that then the Lord Keeper , whether he will or no , shall call a triennial one . Now I would fain know of any ●●●ional man , How an everlasting Parliament doth agree with a Parliament 〈◊〉 yeer , o● oftner if need require , or with the intention of those Laws ? And 〈◊〉 doth a Parliament every three years ( provided for as sure as its possible for Law to provide , ( in case the King annually should not cal one ) agree with a Parliament for ever , which may be by the letter of the perpetual Act , 〈◊〉 the two Houses please ? The conclusion of all is this , that at one day in law , the late Parliament passed two Acts , ( for , howbeit the one was in the 16 of the King , and the other in the 17 year of the King : yet both in law are Acts of one 〈◊〉 the one saith , the King shall call a Parliament once a year , after the sitting of this Parliament , and in case he doth not , the Lord Keeper , &c. shall 〈◊〉 Parliament three years after the sitting of this Parliament . The other 〈◊〉 in the letter , or litterall construction of it , saith , this Parliament shall 〈…〉 ever if the two Houses please . The one will have a Parliament with an 〈◊〉 the other a Parliament without an end : Now the question is , which of these two was the true intent and meaning of the Makers of this Act : for as L●●●ned Cook rationally and well observes in his excellent exposition of the 1 Eli● chap. 1. 4. part . Institut . fol 328. ( which Act established the power of the High-Commission , that by colour of this Statute did many 〈…〉 illegall things ) such an interpretation of ambiguous and doubtfull things is 〈…〉 be made , that absurdities and inconventences may be avoyded ; but the highest ●●●●dities and inconveniences in the world would follow , if this last S●ar●●● 〈◊〉 be taken according to the literall construction of it , and not according to the equity and true intent and meaning of the makers of it , which was not to 〈◊〉 this everlasting if they pleased , and so totally to destroy annuall Parliament , or in the Kings default of calling them , then trienniall Parliaments whether he would or no , but only to secure them from the Kings sudden bre●●●● them up at his pleasure : that so they might sit some reasonable short 〈…〉 dispatch the great business of the Nation ; and that reasonable time 〈◊〉 by any words ( or the true meaning of any ) in either of the Statutes , 〈…〉 〈◊〉 to be above 〈◊〉 at most , especially from the 〈◊〉 of the 〈…〉 ( in the right and true meaning ) notwithstanding the last Act , were y●● 〈◊〉 in force to binde the King to call Annuall Parliaments ; but two Parliaments by Law cannot sit together : but without two Parliaments should sit together , ( viz. An everlasting one , and an an●●●ll one , which is our right by Law ) 〈…〉 enjoy the benefit of those good and excellent Laws , for Annuall Parliaments or oftner if need require . And therefore to take the utmost extent of the length of that time , the two Houses were enabled to sit by vertue of the force and power of the last Act , it could not be above a year at most , from the day of the date of it , and yet they have sate almost eight since , by vertue and colour of that alone , and of nothing else in law , having no other visible Commission under the Sun , to authorise them to destroy our undoubted naturall and legal Rights , of having often and frequent successive Parliaments totally new , which they have done by their long and unwarrantable sitting , principally to enrich the most of themselves , and enslave our spirits . And that an everlasting Parliament was never intended by that Act , I think their own words printed in December , 1641. which was immediately after the passing that Act , will easily decide the controversie . And in their or your first Remonstrance of the state of the Kingdom , after excusing of your selves from any invasion of the rights of the Crowne , 1 Part. Book Declar. pag. 1● , 17. there is these very expression , viz. The trienniall Parliament , for the matter of it , doth not extend to so much as by law we ought to have required , there being two Statutes still in force , for a Parliament to be once a year : And for the manner of it , ( viz. THE TRYENNIALL PARLIAMENT ) it is in the Kings power , that it shall never take effect , 〈…〉 by a timely summons shall prevent any other way of assembling . In the 〈◊〉 for continuance of this present Parliament , there seems to be 〈…〉 of reall power in dissolving of Parliaments , not to take it out of the Crown , but to suspend the execution of it for THIS TIME AND OCCASION ONLY , which was not necessary for the Kings own security , and the publique peace that 〈◊〉 it we could not have undertaken any of these great charges , two must have left both the Armies to disorder and confusion , and the whole Kingdom to 〈◊〉 and ●apine . Which words are a 〈◊〉 and 〈…〉 , That the 〈◊〉 of the makers of the fore●●id Act was never to make this a perpetuall Parliament , but onely for 〈…〉 the King 's sudden breaking them up when he pleased ; whose 〈…〉 from by this Act : which thing onely is and was the clear meaning of the makers of it . And that the generall words of a Law , or the literal sense of 〈…〉 ●●ld forth absurdities , and inconveniences , and visible mischiefs , a●● 〈◊〉 by interpreted and controuled by the intent of them that made it , is clear , from their own Oracle Sir Edw. Cook ▪ who in his exposition of the 〈…〉 of 1 Eliz. chapt . 1. in his 4 part 〈…〉 : N●w that divers and many other Acts of Parliament ( BESIDES THIS OF ELIZ. ) which are generall in words , have , upon consideration of the mischief , and all the parts of the Act , ( for the avoyding of the 〈…〉 absurdity that might follow ) received a particular interpretation , is 〈…〉 ●●●ks in cases of far lesse inconvenience and absurdity . Plo. Com. in Stowels Case fol. 369. The Preamble is to be 〈…〉 it is the key to open the meaning of the makers of the Act , and mischief 〈…〉 intend to remedy . The Judges of the Law have ever in such sor● 〈◊〉 the intents of the meaning of the makers of such Acts of Parliament , as they 〈◊〉 ●●pounded Acts g●nerall in words to be particular , where the intent 〈◊〉 been 〈◊〉 ( Which are the words of the Book ) And therefore upon that rule i● is there adjudged , That where the Statute of 7. Edw. 6. i● generall , IF ANY RECEIVER OR MINISTER ACCOVNTANT &c , RECEIVE O● ANY PERSON ANY SVM OF MONEY FOR PAYMENT O● ANY FEES , &c. HE SHALL FORFEIT vis . viii d. FOR EVERY PENNY . That this do not extend , according to the generality of the words , to the Receiver of common persons , because these words subsequent be added ( otherwise 〈◊〉 be lawfully may by former Laws and Statutes . ) Now the Judges restr●ined the generality to a particular , to the Kings Receiver onely ; for that no Law ●●●●tute was formerly made concerning common persons Receivers , &c. But i● the Case in question , as well the precedent clause of Restitution , as the 〈…〉 expressing offences in particular , and the words in the same generall sentence , viz. VNDER YOUR HIGHNESSE , &c. and principally the cause of the 〈◊〉 of this Act do qualifie the generality of the words . And yet notwithstanding ●● was resolved by all the Court in the said case of Stradling , fol. ●0● . 〈…〉 Receiver of common persons were within the words of the said 〈…〉 it is said , that if a man consider in what point the mischief was before the 〈◊〉 and what thing the Parliament meant to redresse by this , be shall 〈…〉 intent of the Makers of the Act , was to punish onely the Ministers of the King 〈◊〉 a little after the Judges say , That the stile of this Act is , AN ACT FOR 〈◊〉 TRUE ANSWER OF THE KINGS REVENUES . And by this 〈◊〉 intent of the makers of the Act is to be collected ; and these be the words of the 〈◊〉 which is a far stronger case , then the case in question . 4 Ed. 4. fol. 4. & 12. Every Statute ought to be expounded according 〈◊〉 intent of them that made it , where the words thereof are doubtfull and 〈◊〉 , and according to the rehearsall of the Statute ; and there a generall Stat●●● 〈◊〉 strued particularly , upon consideration had of the cause of making of the Act , 〈◊〉 the rehearsall of all the parts of the Act. To conclude this point with a generall R●le allowed by all Laws 〈◊〉 ●●struction of Statutes , viz. Although the Law speak in generall terms , 〈…〉 ●o be bound up or accepted , That WHERE REASON CEAS●TH , TH●●● TH● LAW CEASETH : FOR , SEEING REASON IS THE VERY LIFE AND SPIRIT OF THE 〈◊〉 IT SELF , the Law giver is not to be esteemed to respect th●● which 〈…〉 Reason ; although the generality of the words at the first sight , or after the 〈…〉 otherwise . Mark , I intreat you , these last words well , for they are 〈◊〉 and full . And much more i● there to this purpose : for he is 〈…〉 said Statute of 1 Eliz. 1. And that this equitable and intentionall 〈◊〉 of expounding Laws in dubious eases , or where absurdities or mischiefs do depend upon the taking of it in the litteral sens● , is justifi●ble , legall and good , is unquestinably demonstrated out of your own 1 part Book Dec. pag ●50 . 〈◊〉 these very weeds , viz. That there is in the Laws an equitable and literall sense . His Majestie ( ●et it he granted ) ●● intrusted by Law with the Militia ; but 't is for the good and preservation of the Republique , against forraign Invasions and domestick Rebellions : For it cannot be supposed that the Parliament would ever by Law intrust the Militia against themselves , or the Common-wealth that intrusts them to provide for their WEALE , NOT FOR THEIR WOE . So 〈◊〉 , when there is certain appearance , or grounded suspicion , that the letter of the Law shall be improved against the equity of it , ( that is , the publick 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 abstract from its originall reason and end , i● made a shell without a kernell , a shadow without a substance , and a body without a soul : ●t is the execution of Laws according to their equity and reason , which ( as I may say ) is the spirit that giveth life to Authority , the letter kils . Nor need this equity be expressed in the Law , being so naturally implyed and supposed in all Laws that are not meerly Imperiall , from that analogie which all Bodies politick hold with the naturall , whence all Government and Governours borrow a propo●●ionall respect . And therefore when the Militia of an Army is committed to the Generall , it is not with any express condition , that he shall not turn the ●outhes of his Canons against his own souldiers ; for that is so naturally and necessarily implyed , that its needlesse to be expressed ; insomuch a● if be did attempt or command such a thing , against the nature of his trust and place , it did 〈◊〉 facto estate the Army in a right of disobedience , except we think that obedience binds 〈◊〉 to cut their own throats , or at least their companions . Yea , the very title of the Act in hand literally declares , it was never intended to be perpetuall ; no , nor to extend to so long a time as to be mi●chievous to the Common-wealth , by subduing the SOUL of all our Liberties , frequent 〈…〉 Parliaments ▪ 〈◊〉 wholly and 〈…〉 ; for it is called , An Act●o prevent inconvenientes which may happen by the 〈◊〉 adjour●i●g , 〈◊〉 or d●sso●●ing of this present Parliament . Mark● the words well , and it puts all out of dispute , that th●● Act was ●at meerly done to tie the Kings hands for a certain reasonable time , that so it should not be dissolved u●timely : and the Title declares , it was made to avoid Inconveniences , and therefore 〈◊〉 to beget and increase them ; which it must needs do as is already fully proved , if it 〈◊〉 frequent , successive , 〈◊〉 Parliaments . But yet once again more fuller ; Reason and Nature it self sai●● , yea and the Law of England saith , That when 〈◊〉 Act of Parliament is against 〈◊〉 Right , or Reason , or 〈◊〉 , or impossible to be performed or kept , the common Law shall 〈◊〉 it , and adjudge this Act to be void : they are the words of the Law , 1 pars Dr. Bo●●am's Case , fol. 118. & 8. Ed. 3. fol. 3. 30. 33. E. cess●vil 3● . & 27. H. G. 〈◊〉 41 , & 1 Eliz. Dier 313. & 1 part Cooks Institutes lib. 3. chap. 11. ● . 209. fol. 140. 2. An Act of Parliament that a man shall be a Judge in his own case , is a void Act in Law , Hubbert fol. 120. and the ● part Cooks Reports in Dr. Bo●hams case . See the Army Book Declarat . pag. 35. ●9 . 61. 63. 143. First therefore let us begin with Common Right ; and we shall easily see this perpetuall Act is against that . For it is against common Right , that indebted men ( as most , if not all Parliament men ar● ) should not pay their debts . Or that , if any Member of ●●●liament do any of the People of England w●ong ( as daily they do ) by unjust and 〈◊〉 r●●●ble 〈◊〉 of him o● them of hi● la●d , or disp●ssessing him of his goods , 〈…〉 of his fame , or doing violence to his person by beating , wounding , or imprisoning , &c. that 〈◊〉 sons , during their lives , by a priviledge of Parliament ( that was intentionally 〈◊〉 and just in its institution , when Parliaments were often and short ) should be 〈◊〉 and s●●●red from all manner of question at the Law , by any parties so wronged by them , is absolutely against common Right . Nay , and more , That this should extend 〈◊〉 ●●ltitudes of persons besides , that are their servants or attendants ; and also that any , o● all of these shall have the benefit of the Law in any Court of Justice in England at their pleasure , against any man whom they shall pretend wrongs them , are such trans●●de●● and grievous enormities , that common Right abhors ; and yet this , with a thousand 〈◊〉 as much more as bad as these , are the fruits of a perpetuall Parliament , if they please ; which tends to the utter destruction of all mens Actions , reall , personall , or mixt , who have ●o do with Parliament men ; as appears expresly by the Statute of Limitations of the a● of James , chap. 16. which strictly confines all manner of Suits to be commenced within 〈…〉 after the occasion given . Secondly , For common Reason : Parliaments were ordained and instituted ( as is before truly and legally declared ) for remedies to redresse publick and capitall griev●●ces th●● 〈◊〉 where else could be redressed : but it is against reason ( and the very end of the Institution of Parliament ) that Parliaments should make and create multitudes of publike and insufferable grievances ; The law of the Land allowes no protection for any ma● i●ployed in the service of the Kingdom , but for a yeer at most , as to be free from Sui●s ; and in many Suits none at all , howbeit he be in such services . But a perpetuall 〈◊〉 may prove a protection ( in all manner of wickednesse and misdea●●eanours 〈◊〉 against other men , not of the Parliament , amongst any of whom they may pi●k and chuse whom they please , to ruinate and destroy ) and that no● for a yeer , but for ever ; which is against all manner of Reason , or the shadow or likenesse of it . And therefore , a● 〈◊〉 Sir Henry Vane said against Episcopal Government in the beginning of his larg● 〈◊〉 of the 11 of June 1641 now in print , at a Committee for passing the Bill against ●●●●pall Government , so say I of an everlasting , or of any Parliament that shall do 〈◊〉 you have done , in largely sitting beyond the time of your Commission ▪ &c. That 〈…〉 thing is destructive to the very end for which it should be , and was constituted to be ; 〈…〉 onely so , but does the quite contrary ( as your House in every particular doth ) cer●ai●ly , we have cause sufficient enough to lay it aside ; and not onely as uselesse , in that it 〈…〉 its end ; But is dangerous , in that it destroyes and contradicts its end . Thirdly , For Imp●ssibilitie : The death of th● King in law undisputably dissolves the Parliament , spoken of in the foresaid act , which is pretended to be perpetu●ll ; for 〈◊〉 Writ of Summons , that is directed to the Sheriffs , by vertue of which , Parli●●●●● 〈◊〉 are chosen , runs in these words : King Charles being to have conference and 〈…〉 , &c upon such a day , about or concerning ( as the words of the T●ie●●●ial Act hath it ) the high and urgent affairs concerning his Majestie ( and he writes US ) the State , and the 〈◊〉 of the Kingdom and Church of England . But I would fain know how it's possibl● for a Parliament to confer or treat with King CHARLES now he is dead : it 's impossible . Se● 2 H. 5. Cook in . Parl. 3. part . And therefore the whole current of the Law of England ( yea , Reason it self ) from the beginning to the end , is expresly , That the Kings death doth ipso facto dissolve this Parliament , though it had been all the time before 〈◊〉 so intire and unquestionable to that very hour ; and it must needs be so , he being in Law , yea , and by the authority of this very Parliament st●led , the head , the begi●●ing , and end of Parli●ments : See Co●ks 4 part Institutes fol. 1. 3. Mr. Py●●'s for 〈…〉 Stra●●ord pag. 8. S. John's forementioned argument against Strafford , pag. 42. And therefore as a Parliament in l●w 〈◊〉 begin without the 〈…〉 in it , 〈◊〉 person 〈◊〉 representatives , Cook ibid. so . 6. so it is pos●●ively 〈◊〉 by his 〈◊〉 ; 〈◊〉 thereby not only the true declared , but intended end of their assembling ( which 〈◊〉 〈◊〉 〈◊〉 and confer with King CHARLES ) is ceased , and thereby a final ●nd is put 〈◊〉 the means that are appointed to attain unto that end : And therefore it is as 〈◊〉 for this Parliament , or any Parliament to continue as long as they please , a● for a Parliament to make King Charles alive again . Fourthly , For Repugnancy : That which is but for a time , cannot be affirmed to have continuance for ever [ it is repugnant : ] but this Parliament in the intention of the makers of the Act , was to be but for a time , not above a yeer at most , after the d●●e of the Act ▪ as is before proved and declared from their own words ; And therefore it cannot be reputed perpetual , for there is a repugnancy betwixt them . Again , The King's Writ that summoned this Parliament , is the Basis in law , an● Foundation of this Parliament : If the Foundation be destroyed , the Parliament falls : But the Foundation of it , in every circumstance thereof , is destroyed : And therefore the thing built upon that Foundation must needs fall . It is both a Maxim● in Law and Reason . But if it be objected , The Law of Necessity requires the continuance of the Parliament against the letter of the Law. I answer , First , It s necessrry to consider whether the men that would have it continue as long as they please , be not those that have created the necessities on purpose , that by the colour thereof they may make themselves great and potent ; and if so , then that Objection hath no weight , nor by any rules of Justice can they be allowed to gain this advantage by their own fault , as to make that a ground of their justification , which is a great part of their offence . And that it is true in it self , is so obviou● to every unbiased knowing eye , it needs no illustration : but if it shall be denyed by any of their pens , if God please to give further opportunity , I shall prove it to the full . Secondly , I answer , There can no necessity be pretended that can be justifiable for breach of trusts that are conferred on purpose for the redresse of mischiefs and grievances , when the trust is perver●●d to the quite contrary end , to the increase of mischiefs and grievances , yea , to the subversion of Laws and Liberties . I am sure , Mr. Pym by their command and order , told the Earl of Strafford so , when he objected the like , and that he was the King's Counsellor , and might not be questioned for any thing he advised according to his conscience . But ●aith Mr. Pym pag. 11. He that will have the priviledge of a Counsell●●r , must keep within the just bounds of a Counsellour . Those matters are the p●oper subjects of Counsel , which in their times and occasio●s may be good or beneficiall to the King or Common-wealth . But such Treasons a● th●se , the subversion of the Laws , violation of Liberties , they can never be good or justifiable by ●ny circumstance or occasion ; and therefore ( saith he ) his being a Counsellour makes his fault much more 〈◊〉 , o● being committed against a GREATER TRUST . And in pag. 12. he answers another excuse of his , which was , That what he did he did with a good intention . It s true , saith Mr Pym , Some m●●ers ●●●tfull and dangerous , may be accompanied with such circumstances , as may m●ke it appear usefull and convenient ; and in all such cases , good intention will justifie 〈◊〉 ●●unsell . But where the matters propounded are evill in their own nature , such a● the matters are with which the Earl of Strafford is charged viz. To BREAK A PUBLICK FAITH , to sub●ert Laws and Government , they can never be justified by any intentions , h●● specious or good s●●ver they pretended . And that they have perverted the ends of their Trust more then eve● Str●●●ord did , I ●●●ll instance at present but in 3 parti●●lars , the main 〈◊〉 of their 〈…〉 the People ●f their grievances ; and what their Grievances were , 〈…〉 in the Parliaments first Re●●●strance of the st●te of the Kingdom : First , destruction of 〈◊〉 Trades by Monopolize , &c. Secondly , exhausting of their estates to maintain and promote pernitious designes to their destruction . Thirdly , their essentiall Liberties 〈◊〉 Freedoms quite destroye● : Where is the remedy now ▪ hath not the Parliament contraty to that excellent Law against Monopolize , of the 21 Jame ▪ Chap. 3. of 〈◊〉 erected Monopolise by O●dinances , Orders and Votes , ( although in the first month of your sitting , you made Orders to throw down Monopolizers out of your House : ) as particularly , Whale Oyle , White sine , Wyer , Ty●n , with many others ; yea , a●d co●in●ing of the old Mon●polies , Merchants , Companies that Trade beyond se●● ; yea , and set up for 〈◊〉 that Monopoly of all Monopolies , the Excise ; the bare endevouring of which ▪ they call●● unjust and pernitious attempt in the King in the fore-mentioned , Declar. pag. 6. And then for exhausting of their estates , the King did it by a little Shipmony and Monopolies &c but since they begun they have raised and extorted more mony from the people and nation then halfe the Kings from the Conqueror ever did , as particularly , 1 By Excise . 2 Cont●tbu●ions . 3 Sequestrations of lands to an infinite , value . 4 Fifth P●ts . 5 Twenty parts . 6 Meal●n●ony 7 Sa●le of plundered goods . 8 Loanes . 9 Benevoknces . 1● Collections upon their sost dayes . 11 New Impositions or Customes upon Merchandse . 12 〈◊〉 maintained upon the charge of p●●●ate men . 13 Fifty Sub●dies at one time . 14 〈◊〉 with Delinquents to an infinit● value . 15 Sale of Bishops Land● . 16 Sale of D●a● and Chapters Lands , and now after the wars are done . 17 Sale of King , Queen , Prin●e , Duke , and the rest of the C●ildrens revenue 1● Sa●le of their r●ch goods which cost an infinite sur●●● . And 19 To conclude all a t●x●tion of ninety thousand pound a mo●th , and when they have gathered it pretendedly for the Common-wealthes use , divide it by thousands and ten thousands , apeece amongst themselves ; and wipe their mouths after it like the impudent Ha●●ot as though they had done no evill ; and then purchase with it publique lands at small and triviall values ; O Brave Trustees ! that have protested before God and the w●r●d , againe and againe in the day of their st●aits , they would never seck themselves , and yet besides all this 〈◊〉 all the chiefest and profit●blest p●aces of the Kingdom ●mongst themselves ; And then thirdly ; what regulating of Courts of Justice , and abridging of delayes , and charges of Law 〈◊〉 have they performed as in their first Remonstrance they promised ? Nay are they 〈◊〉 worse then they were before the wars , and besides , then High-Comm●ssion , Star-Chamber and Counsel board were all downe ; and have they not now made a Star-Chamber , High-Commission and Councel-Board of most of their petty Committees ? but most dreadfull ones of the House and their New-Councel of State ? as is evident to be seen in my Comrades and my illegall and arbitrary imprisonment , and cruel close imprisonment Thirdly , Nay have we at all any Law left Master Peters your grand Teacher 〈◊〉 lately to my face we have none ? ) but their meer wils any pleasures ; saving Fell●●s La●● , or Ma●tiall law , where men-Butchers are both informers , Parties , Jury-men and Judges ; who have had their hands imbr●ed in bloud for above this seven yeares together , having served ●●●●●●t●ship to k●lling of men , for nothing but mony , and so are mo●e bloudier then Butchers th●● 〈…〉 and calve for their own livelihood , who yet by the Law of England , are net 〈◊〉 ●●●● of any Jury fa●l●se and death , because they are conversant in shedding of bloud of beasts 〈◊〉 thereby , through a habit of it , may not be so tender of the blood of men ; as the 〈◊〉 ●f England , ●eason and Justice would have men to be . Yea , do not these men by their swo●●● , being but servants , give what law they please to their Masters : the pretended Law-makers of your house , now constituted by as good and ●egall a power as he that r●b● or kil●s a man upon the high-way . But to conclude this tedious point , I shall end it with such an Authority , as to th●● ruling men in your House must needs knock the Nail on the ●ead , and that is with the Declaration of the Army , ( Your Lords , M●sters , L●w givers , and 〈◊〉 ) who in their most excellent of Declaratrons of the 14 of June , 1647. About the just and fundamentall rights and liberties of themselves and the Kingdom , page 40 , 41 , 42. of their book of Declarations , after they have sufficiently cryed out of Stapleton and his party , for abusing , deluding and over-swaying the house from their true end for which they were assembled together : say thus , But yet we are so far from designing or complying to have an abso●ute or arbitrary power fixed or settled for continuance , in any persons whatsoever ; a● that ( if we might be sure to obtain it ) we 〈◊〉 wish to have it so in the persons of any whom we could must confide in ; or who should appear mo●● of our own opinions and principles , or whom we might have most personall assurance of , or interest in , b●t we do● , and shall m●ch rather wish , That the Authority of this Kingdom in Parliament ( rightly constituted , that is ▪ freely , equally and successively chosen , according to its orteinall intention ) may ever st●nd and ●ave its ●ourse . And ther●fore we shall apply our selves chiefly to such things ●● ( by having Parliaments setled in such a right constitution ) nay give most hope● of Justice and Right●ousnesse , to flow down equally to all , in that its Ancient ch●●nell , without any overtures , tending either to OVERTHROW that ●●undation of Order and Government in this Kingdom , or TO INGROSS THAT POWER FOR PERPETUITY INTO THE HANDS OF ANY PARTICULAR PERSONS , OR PARTY WHATSOEVER . And for that purpose though ( as we have found it doubted by many men , minding sincerely the publique good , but not weighing so fully the consequences of things ) it may and is not unlike to prove , that , the ending of this Parliament , and the election of a New , the constitution of succeeding Parliaments , ( as to the persons Elected ) may prove for the worse many weyes ; ye● since neither in the present purging of this Parliament , nor in the Election of a New , we can promise to our selves or the Kingdom , and asurance of Justice , or other positive good from the bands of men ; but those who for present appear most righteous , and most for common good ( having an unlimited power fixed in them du●ing life or pleasure ) in time may become corrupt , or settle into parties , or factions ; or , on the otherside in case ●f new Elections ▪ those that should succeed , may prove as bad or worse then the former . We therefore humbly co●ceive that ( of two inconveniences the lesse being to be chosen ) the main thing to be intended in this case ( and beyond whi●h humane providence cannot reach , as to any assurance of positive good ) seem to be this , viz ▪ to provide , that however unjust or corrupt the persons of Parliament men , in present , or future may prove , or whatever ill they may doe to particular parties ( or to the whole in particular ●●ngs ) during their respective termes or periods , yet they shall not have the temptation of an ●●●imited power fixt in them during the●r owne pleasures , whereby to perpetuate injustice or oppression upon any ( without end or remedy ) or to advance and uphold any one particular party , faction or interest ▪ whatsoever , to the oppression or prejudice of the Community , and the enslaving of the Kingdom unto all posterity , but that t●e people may have an equall hope or possibility , if they have made an ●ll choice at one time , to mend it in another , and the Members of the House themselves may be in a capacity to taste subjection as well as rule ▪ and may be so inclined to consider of other mens cases , as what may come to be their own . Thus we speake in relation to the House of Commons , as being intrusted on the Peoples behalfe , for their interest in that great and supreme power of the Common wealth ( viz. ) the Legislative power with the power of finall Judgement ) which being in its own nature so arbitrary , and in a manner unlimited , ( unlesse in point of 〈◊〉 ) is most un●it and dangerous ( as ●o the peoples interest ) to be 〈◊〉 in the 〈…〉 the sa●e men , during life or their own pleasures . Neither by the originall 〈◊〉 of this State , was it , of ought to continue so , nor does it ( wherever it is , 〈◊〉 continues soe ) render that sta●e any better then a mee● tyranny , or the people subjected to it , any better then vassals ; But in all States where there is any f●●● of common freedom , and partic●larly in this State of England ( as it is most evid●●● 〈…〉 many positive laws and ancient constant custome ) the people have a right to 〈…〉 successive Elections , unto that great and supream trust , at certain 〈…〉 time , which is so essentiall and fundamentall to their freedom , as it is , ●●not or not to be denied them , or witheld from them , and without which the House of Commons is of very little concernment to the interest of the Commons of England . Yet in this we could not be understood in the least to blame 〈◊〉 worthies of both Houses , whose zeale to vindicate the Liberties of this Nation , did 〈◊〉 that Act for the continuance of this Parliament ; wherby it was secured from 〈◊〉 dissolved at the Kings pleasure , ( as former Parliaments had been ) or reduced to 〈◊〉 a certain●y as might enable them the better to assert and vindicate the Liberties of this Nation , ( immediately before so highly invaded ▪ and then also so 〈◊〉 ●●dangered ) and those we take to be the princip●ll ends and grounds for which 〈…〉 exigency of time and affairs it was procured , and to which we acknowledge it hath happily been made use of ; but we cannot thinke it was by those Worthies intended , or ought to be made use of to the perpetuating of th●●●●pream trust and power into the persons of any during their owne 〈◊〉 , or deb arring of the people from their right of elections totally new . But it here it should be objected although the King be dead , yet the Parliament 〈◊〉 altered the Government into a Common-wealth , and so may if they please cha●●e the Constitution of Parliaments . To which I answer , Fi●st , that those company of men at Westminster , that g●●e Commission to the High Court of Justice to try and behead the King , &c. were ●o more a Parliament by Law , nor a Representative of the people , by the rules of Justice and Reason , then such a company of men are a Parliament , or Representative of the People , that a company of armed Theeves chuse and set apart to try , judge , 〈◊〉 , hang , o● behead any man , that they please , or can prevail over by the power of their swords , to bring before them by force of arms , to have their lives taken away by pre●●●ce of Justice , grounded upon rules meerly flowing from their wils and swords ; for I would fain know any Law in England , that authoriseth a company of Servants to punish o● correct their Masters , or to give a Law unto them , or to throw them at their pleasure out of their power , and set themselves down in it , which is the Armies case wi●●●●e Parliament , especially at THO. PRIDES late Purge ; which I call ( and will 〈◊〉 to be ) an abs●lute dissolution of the very essence and being of the House of 〈◊〉 ▪ and I would fain see any Law or Reason in Writing or Print to justifie th●● a 〈◊〉 ▪ upon my other a●●●unt , then in hindering them from raising a new Warr , and fro● destroying he peoples Liberties by their eternall sitting , seeing they keep their power ●●●ger by fa● then their Masters , or impowers the people intended they should , and also employ it to their mischief by hindering them , ( I mean those that had not acted agai●●● the Liberties of the Parliament ) entering into a mutuall engagement to appoint 〈◊〉 whereby to chuse ( seeing they cannot all meet in one place themselves ) and i●power new Trustees Commissioners , or Represento●s , to make equall and just Lawes to bi●● all , and provide for their future well-being , there being no other may justly , either in Law or Reason ; to settle this Nation in peace and quietness , but by one of these two means : First , either by admitting the King in again upon terms : or else , secondly , to lay foundations of a just Government , by an Agreement made amongst the generality of the people capable of it : and if any man upon earth can either by Law or Reason shew me a third way , that hath any more shadow of Justice in it , then for William the Conqueror , or the great Turk by their swords to give a Law unto this Nation , I will forfeit my life . But secondly I answer , the main end of the peoples chusing of the Members of the House of Commons was not to come to Westminster to set up a common-wealth , especiall to invest all power in themselves , and with that at their pleasure rob and take away ( by the rules of their wills ) the liberties and lives of those that chuse them , and be unaccountable as long as they live , although they do what they please ; therefore I would fain see any bit or shadow of a pretended Commission to this end , either in writing , or ●acitly in intention ; nay , or so much as in the thoughts of the major part of the Members themselves , when they were impowered ; I am sure all their Declarations declare the contrary . And therefore I say , and will make it good against all the tyrannicall Sophisters in England , in a Publique dispute before the People , That the m●●● end wherefore they were sent , was to treat and confer with King Charles , and the House of Peers , about the great affaires of the Nation , &c. and therefore are but a third part , or a third estate of that Parliament , to which they were to come and joyn with ; and who were legally to make permanent and binding laws to the people of the Nation ▪ and therefore having taken away two of the three Estates , ( through a pretended necessity , for a pretended good end , the accomplishment of which can only justifie this act ) that they were chosen on purpose to joyn with to make Laws ; the end both in reason and Law of the Peoples trust is ceased ; for a Minor joyned with a Major for one and the same end , cannot play Lord paramount over the Major , and then doe what it please ; no more can the Minor of a Major , viz. one estate of three legally or justly , destroy two of three without their own consents , or the Authority of a higher power , then all given and deligated for that end intended and declared , which is the People , the fountain and originall of all just power , which they never did in their lives ; and therefore the whole power of all is returned to them singly and alone , ( but if an● part of it is yet inherent in any , then it is in PRINCE CHARLES as Heir ▪ apparent to his Fathers Crown and Throne ) over whom I mean the people ) no persons nor power on earth can now set no change of Government whatever , but what is done by their own mutuall consent by AGREEMENT AMONGST THEMSELVES , but with as reall a face of Tyranny , as ever was acted by any Conqueror o● Tyrant in the world ; unto which whosoever sto●ps and supports it , is as absolute a Traytor both by Law and reason , as ever was in the world , ( if not against the King , yet against the Peoples Majesty ▪ and Soveraignty , the fountain of all power on earth ; ) and the present setters up of this Tyrannicall new Commonwealth , considering their many Oaths , Covenan●s , Promises , Declarations and Remonst●ances to the contrary , ( with the highest promises and pretences of God for the People and their declared Liberties , that ever was made by men ) are the most perjure● , pe●fidio●● , falle Faith and Trust breakers and Tyrants ●●at ever lived in the world ; and ought by all rationall and honest men to be the most detested and abhorred of all men that ever breathed , by how much the more under the pretence of friendship and brotherly kindness they have done all the mischief they have done in destroying our Law●● and Liberties , &c. Is any Treason like Juda● his Treason ▪ who betrayed his Lord and Master with a kisse : Is any murder in the world , like that of Joab co●●i●●ed upon A●●er and Amasa ? who while he kissed and embr●●ed them with the highest declarations of friendly and brotherly affection , stabbed them ●nder the fif●h Rib , 2 Sam. a ▪ 29. & 10. 9 , 10. Is any wrong or mischief done unto an ingenuous spirit , so bitter to his soul , as the treachery and baseness of a pretended and familiar friend ? No undoubtedly , for against a professed enemy a man hath a fence , for he will not trust him , but is alwayes jealous of him : but against a pretended friend he hath none , for ●e lyes in his bosome , from whom he fea●s no ill , but sleeps in security , in the height of which he is ●●in●ted and dest●yed : which kinde of dealing was most bitter to Davids soule ▪ wh●●h made him say , P●alm 55. 12 , 13. 14 , 15. For it was not an ENEMY ●h●● repr●a●hed ●re , then I could have b●rn it : neither was it he that HATED me , that 〈◊〉 magnifi●●●mself against me then I would have hid my self from him . But it was th●n , 〈◊〉 , mine equ●ll , MY GUID● ; MINE ACQUAINTANCE . We t●●k SWE●T COUN●ELL together , and walked into the house of God in COMPANY ▪ Let death seiz upon them , and let them go● domn quick into hell , for wickedn●sse is in their d●●●ling , and among them ▪ and let the p●esent generation of swaying men ▪ that under the pretence of good , kindness and friendship , have destroyed and trod under their feet all the Liberties of the Nation ( and will not let us have a new Parliament ) and set up by the Sword their own unsufferable , unsupportable Tyrannicall Tyranny ; consider the ends of JWDAS and JOAB , and they shall finde , that for their treachery and blood ; the one Hanged himself , and the other was executed in the Tabernacle of the Lord , 〈◊〉 the horns of the Altar , whether he fled for refuge and sanctuary , 1 Kings 2. 30 , 31. yea , also remember Cains treachery to his innocent brother Abel , Gen 4. 8 , 10 , 11 , 12 , 13 , 14. Thirdly and lastly , I answer , the House of Commons sitting freely within its limitted time , in all its splendor of glory , without the awe of armed men , never in Law , nor in the intention of their chuse●s were not a Parliament ; and therefore of themselves alone , have no pretence in Law to alter the constitution of Parliaments , especially as to free and successive Elections totally and wholly new ; neither if ever it had been in the power of a true and reall House of Commons ; Yet this present pre●ended One now sitting at Westminster is now a true House of Commons ; as the Armies ancie●t Declarations doe notably prove ; see their Book , Declar pag. 125 , 127 , 134 , 135 , 13● , 139 , 140 , 141 , 14● ▪ For I would fain know in Law , where Col. THOMAS PRIDE was authorised to chuse the people of England a Parliament ; or to purge away at his pleasure by his sword three quarters of four of the House of Commons , ( and so committed the affairs of Parliament to a few , which was never intended by the i●powerers , but hath always been holden to be against the honor and dignity of a Parliment , and that no such Commission can or ought to be granted , no not by a ●egall A●●h●rity if self ▪ see 4 part . Cooks Institutes , fol 42. chap. High court of Parliament ▪ ) and send whom of them he pleaseth to prison , without charge or declared crime , and to stand at the House door in a warlike posture , with Swords and Muskets to keep ou● whomsoever he pleased , against the Law and constitutions of Parliaments , which ●ught 〈◊〉 Sit free from the force of Armed men , 4 part . Institut ▪ and let none goe into the House , b●● only those that he knew , or did beleeve would vote AS HE AND HIS Masters WOULD HAVE THEM ; For shame let no man be so audaciously and sottishly void of reason , as to call Tho. Prides pittifull Jun●o a Parliament , especially those that called ▪ avowed ▪ protested and declared again and again those to be none , th●t sate at Westminster the 26 and 27 , &c. of July , 647. when a few of their Members were seared away to the Army , by a few houres Tumult of a ●ompany of a few disordred Apprentices : And being no Representative of the people , no nor so much as a thadow of it , much lesse a PARLIAMENT , with pretence in Law , reason , Justice or Na●●●e can there be for them to alter the constitution of successive and frequent Parliaments , and force upon the people the shew of their own wils , lusts , and pleasures , for Laws and rules of Government , made by a pretended ▪ everlasting , nulled Parliament , a Councel of State , or Star-chamber , and a Councel of War , or rather by Fairf●● , Cromwell and Ireton . And so much for my unsati ●●ednesse in the present Authoritie . But secondly , In case the Justices either in Law , or by reason of the power that now rules England , had to my understanding been a thousand times lesse unquestionable then it is , and had neither against the rules of reason ejected two parts of three to set up themselves , nor outstrip'd its Commission in sitting longer then they should , nor never had been forced on●e by the Apprentices , which the Army called and declared Treason , ●nd th●se that remained a mock and pretended Parliament ; and if so , the● it was dissolved , ●●ing sine die ▪ and could legally meet no more at all : nor once forced by the Army ; and then the second time not onely forced , but pick'd and culled , and one of four left behinde , by means of which it was total●y d●stroyed and ann●h lated , and none left in a manner but such as ●ould d● what those that left them would have them : I say , if none of all this had been , I could not with freenesse of my own spirit live upon the sweat of poor peoples brows , by a large Salary for my place , who are ●●in ( now their Trades are gone , their estates spent for the int●●●ed recovering of their freedoms ( of which notwithstanding they are cheated , and that by their pretended friends ) and a famine come upon some parts of the Land , and thousands ready to starve ) to pay taxations and Excise for the small beer they drink , and the poor clothes they wear , thousands of Families having never a penny in the world to buy bread for them , their wives and children , but what they earn with the sweat of their brows , and notwithstanding are almost as much without work , as without it : and yet out of the bowels , and pining bellies of these poor people , in this sad and deplorable condition must my salary have come , in case I had taken a publick place upon me : Therefore when I seriously consider how many men in the Parliamen● ▪ and else-where of their associates ( that judge themselves the onely Saints and godly men upon earth ) that have considerable ( and some of them vast ) estates of their own inheritance , and yet take five hundred , one , two , three , four , five , six thousand pounds per annum salaries , and other comings in by their places , and that out of the too much exhausted publick Treasury of the Nation , when thousands , not onely of the people of the world , as they call them , but also of the precious and redeemed Lambs of Christ , are ready to sterve for want of bread , I cannot but wonder with my self , whether they have any conscience at all within them or no , and what they think of that saying of the Spirit of God : That whoso hath this worlds good , and seeth his brother hath need , and shutteth up his bowles of compassion from him , ( which he absolutely doth , that any way takes a little of his little from him ) how dwelleth the love of God in him ? 1 John 3. 17. These actions and practice● are so far from being like the true and reall children of the most high , that they are the highest oppression , theft and murder in the world , thus to rob the poor people in the day of their great distresse , by Excise , Taxations , &c. to maintain their pomp , super●●uities , and debauchery ; and many of those from whom they take it , do perish and sterve with want and hunger in the mean time ; and be deaf and adamant hearted to all their TEARS , CRY●S , LAMENTATIONS and MOURNFUL HOWLING GROANS ; without all doubt these pretended godly , religious men have got a degree beyond those Atheists or fools , that say in their hearts , There is no God , Psal . 14. 1. and 53. 1. And these are my reasons ( with my resolvednesse of walking by a known rule amongst men , the declared Law of England ) for not taking a publick place upon me , though I have often been prof●ered considerable ones , yea , that very fore-noon the Votes of Treason passed in the House against that honest Book or Addresse for which I am imprisoned , called , THE SECOND PART OF ENGLAND's NEW CHAD● DISCOVERED . In the third place , I considered with my self , that seeing I could do neither of those , then I must do one of these two ; first , ●ither ●ollow a Trade ; or else , Go and b●y , 〈◊〉 farme some Land in the Country : and when I considered the grand oppressions there , as by Tythes , which is not onely annually the tenth part of the Husband mans prof●t to the lazy , antichristian , time observing Priests ; but annually the fourth part of his increase , labour , h●zards , yea , and stock too ; which Tythes I should sooner 〈…〉 then pay : and not onely so , but also the Taxations and Excise , with that un 〈◊〉 gulf of free-quarter , by means of which a great Officer that bore me a spleen ( amongst whom I have enemies enough ) with a Pegiment , or more , or fewer , in two or three nights ( with free-quarter ) might eat me ( by force of arms ) out of house and home and so not only waste the increase , but also destroy the principall . And so for these ●●sons I was bloc●t ost from going to live in the Country . Then secondly , for a Trade , I must either follow it in London , or in some other Corporation : and in another Corporation ( although the King the root and 〈◊〉 of them be destroyed , and although I am not onely a Native and free Denizen of England , and served many yeers to learn a Trade in London , yet in any considerable Corporation in England ) can I not with indrustry be suffered to follow a Trade or Merchandizing to get me bread , unlesse I be a Free man thereof ; yea , Newcastle , the chiefest place in my eye , being nigh the aboad of my Father and kindred , is so grand i●haunsing a Monopol●zer , that it monopoliseth the River of Time , yea , and the 〈◊〉 for seven miles distance ; although it can produce neither Law nor Reason therefore , 〈◊〉 onely a large bribing purse of the whole Corporation ; which they in that Town say , is so heavie , it will break any private particular mans back : which yet I should 〈◊〉 have feared , had there been any equall Law to have been had from the Administration thereof in any of the Courts of Justice in England , being as well able ( at least in my own thoughts ) to plead my own case in Law at any Bar against an inhaunsing Corporation , or a Patentee Monopolizer ( both of which are against the fundamentall Law● and Liberties of England , as is notably proved by Cook in his exposition of the 〈◊〉 of Monopolies , 3 part Instit . fol. 181. 182. &c. ) as any Lawer in England , it being 〈◊〉 undoubted right both by Law ( See 28. Ed. 1. chap. 11. and the Statute that abolished the Star-chamber ) and Reason , to plead mine own cause , or any of my friends that will 〈◊〉 and trust me ; 〈◊〉 any Barristers in the Nation , which I will publickly dispute with 〈…〉 any day in the week ; and for the unjustnesse of Corporations and Monopolies , 〈◊〉 are both sons of one father , read my forementioned Book , called , Innocency and Truth j●stified , from the 46 page to the 63. and my book called , Londons Liberties in 〈…〉 covered , but especially pag. 21. 22. 36. 38. 41. 43. 44 45. to 58. And my second part of it , called Londons Charters , pag. 36. 37. to 64. So being for the foregoing reasons block'd off from following a Trade any where else but in or about London , where I had the choi●● of three things . First , Either to set up a Shop in the City ; which I was staved off from , for these Reasons : First , Because the Court of Aldermen are so oppressive in their Government of the City , setting up their own wills , humours , and irrational ridiculous Customs above both the Law , Reason and their own Charters ; which I knowing so well as I do , ( and which is pretty well anatomized in my foresaid Books ) I should never bear , and so ●e continually in broils , which was my earnest desire to avoid . Secondly , A man cannot well keep any considerable Trade i● a Shop , but he m●st trust much ; which I man many times hazard the losse of ; especially in these impo●●ishing times , or else to L●w for it , which I never loved ( never having had two S●its in my life , that I can remember ) not onely for the j●ngling part of it , but also for the tedious , chargeable , intricate , hazardous uncertainty of the proceedings therein , as the Judges on purpose have made it to get money ; for being often in company with an able , and a very honest man for a Lawyer , with other understanding friends , where we 〈◊〉 ●ouble discourses of the abuses of the Law , which were particularly instanced to be many , I took special notice ▪ of two things he often averred ( to his praise I spe●● it ) besides the proceeding for the most part in an unknown tongue , and an unlegible hand as write , &c. which two things were these , that he would make good ; First , According to the practice in Westminster Hall , If a man lent another man 100 l. 500 l. or 1000 l. &c. and had as good security as any in England can give ; yet when the day of payment comes , if the party be a crafty b●ffling man , and have a good purse , he shall keep a man in the Courts in Westminster Hall three or four yeers in suit , let him do the worst he could , before he could get his money ; nay , nor never shall get it neither , unlesse he have a purse also able in some reasonable measure to bold pace with him : but in case in any of that time ( by sicknesse , losse or other c●sua●ties ) he happen to fall poor , and so not able in money to pay fees , &c. it s lost for ever : besides all this , the h●zards he runs ( are sufficient ) by being betrayed , bought , and sold by his Solicitor or Atturney , &c. Besides the danger of common Knights of the post , to swear the money 's paid , &c. Secondly , He did averre , that he would make it good before the Speaker at the Bar of the House of Commons upon his life ; that for the Chancery ( which trades men upon book accounts &c. are subject often to use , and there is not a decree of 100l . from one yeares end to the other made in that Court , but jumbling all the decrees together one with another , some suits holding 10 , 15 , 20 , 30 yeares , nay some above , but first and last it costs the P●●intief 500l . for eveey hundred pound decreed one with another ; O brave , honest and reforming Parliament who in three dayes might mend all this easily and plainly , by a County record , by which a Suit never need to be of a months continuance , and for which th●y have often been Petitioned , but yet will not , but suffer it to continue worse then they found it , for all their great promises in their first Remonstances , &c. to the contrary ; yea and give their Judges their places freely , and 1000l . per annum out of the Co●mon-wealths mony , besides all their illegall and unf●domable fees ; whereas in the Kings time they had but 200 l. per annum sallery and their fees ; and most commonly paid 5 , 6 , 7 , 8 , 9000 l for their places , an [ yet were every whit as just as these are , for any thing that over I could hear of to to the contrary , and I think I have enquired as diligently into both as any one private man in England hath done ; so for these reasons I durst not meddle with a shop in London . And then in the next place , having multitudes of acquaintance both in City and Country , I had thoughts out of the Cities Freedom to turn Soap-boyler , being a good trade and most vendible for ready mony , and in it I met with these discouragements ; viz. First , That there are new Monopolies upon some of the principall materials that makes them double prised to what they used to be , which most commonly are all imported from beyond seas , as oyl , tallow and pot-ashes , for which is paid both custome and Excise , yea and for the very coles that boyles them 4 or 5s . in a Chaldron ; and scarce any thing free from Excise that belongs to it , or to the backs or bellies of the men that work it , but the very water ; and yet notwithstanding when it is boyled and all hazard run , as spoyling or breaking of vessels , falling of the price of sope , or none vending of it , besides many other ac●identall casualties , yet out of the very s●et of his brows and the industry and labour of the very fingers ends , there must Excise be paid of so much a Barrell ; and that which is worst of all is this , my House which used to be my Castle , and so it is by Law , night or day must be at the Knave Excise mans pleasure , to search and break open for unsealed soape when he pleaseth ; nay , notwithstanding all this I must be had to take my oath ( after they will not trust me , but have searched what they can ) at the Excis● Office , that I have made no more but so and so , and it may be I judge such an Oath altogether unlawfull , and therefore cannot take it , and therefore to prison without any more adoe I goe , and must be fined at the will of the chief Excisers , and pay a noble a day to the Serjeant at Armes , besides his mans fees ; and if I do take my oath can forswear my self , I hazard the Pillory for perjury besides the wounding of my conscience ; but if I be consciencious that I cannot set my conscience upon the tenter-hooks by forswearing of my self ; then I am destroyed in my trade by others that will undersell me by this stealing Excise , and swearing soundly to the contrary too , judging i● ( with Cromwell as Major Huntington in his impeachment of him declares ) no sinne in may be to deceive the de●●iver or oppress●●y and all this lyes upon us ; in the first year of Englands Freedom by the Conservators of the Liberties thereof , who yet ●ealously and for the peoples welfare chopt of the Kings head for tyranny & oppression , although his ●oynes were never so heavy as their little finger is , O brave , unerring , unsinning , and everlasting , none such Parliamen ; And therefore last of all I had thoughts towards Winter to buy of my Unkle at S●●derland to lay up some coals at my habitation in Winchester-house , to fell in January and February , and in the mea●●ime to lay out my mony in some adventure for Holland , and there I met with these difficulties : First ▪ although , I was as wary as any man in England could be , to see that Master Devenish title to the house was good in Law , and so I might justly and quietly expect the injoyment of my bargaine from him ; And thereby I see First his deeds , and the Parliaments Ordinances thereupon , and Secondly I went and spoke with Master Iohn Cook the Lawyer , who drew up the conveyances betwixt Master Devenish and Master Young , of whom Master Devenish for his life bought all Winchester House in Southwa●k ; by all which , but especially from M●ster Cooks owne mouth , I cleerly and evidently found Master Levenish had as good a right in all Winchester house , for Master Youngs life both by Law and Ordinance , as its possible for any man in England to have to the cloaths he wears , or any thing else that he possesseth , although he takes the advice of twenty Lawyers in the buying and purchasing ▪ of them ▪ which incouraged me to strike a bargaine with him for three years , for as much of the House as I am to pay annually almost 20l. and yet since a Committee of Members with the Trustees of Bishops Lands will needs turne me and the honest man ( by force of Armes ) out of his Legall possession without any valuable consideration , or rendring at the least any reason wherefore , but only their Soveraigne wills and pleasures . O BRAVE PARLIAMENT JUSTICE ! without all doubt this is the liberty of the people , and the Law of the Land , that we have been contesting and fighting for these seven yeers together , or at least as much as they intend ( now they have conquered us with our own mony and our own hands ) we shall possesse and enjoy this unrighteous molestation , which with their illegall imprisoning of me hath spoyled a coal-Merchant of me for the present . And in the second place , as my adventuring to Holland , when I came to inquire after the nature of that , I found these difficulties therin , First , A strict Mon●poly , that none whatsoever shall ship any white cloth for that place but the Monopolisers themselves , and Secondly a general monopoly upon woollen commodities whatsoever , that unlesse you do as good as tell a lye ; I found merchants still continued to be the chief customers , who it ●seems have a trick to steal whole ship loads of custome for their own use , by mean● of which they undersell any other merchant , yea and thereby break the backs of new beginners ; for being at my first inquiring thereinto with Master William Kiffin my quondam servant , though now my prof●st and blood thirsty enemy , he told me a little before , he was one day at the Custome-house , and the chief men there had catcht a poor man that had stolne some custome , for which they were about fining and punishing him , why Master faith he to one of them in Kiffins hearing as he averred to me ) will you be so angry with me , and so harsh to punish me for a small ●oy , when I am but your own scholler , for I am sure it s but the other day fin●e by your own directions I help● you to steal in a manner a whole ship load of uncustomed good● : and you being so well pleased with that , my thinks you should not be so angry with me for stealing a little custome for my self . But then Fourthly , The Prince was Master of the Sea then , so that I durst not venture it in a English bottom , some of which had laid in the Thames divers weeks loaded and du●st not stirre out for want of convoy , which they had fought much for then to the Parliament , but could get none ; and to ship it in a Dutbh bottom , it did not only give the traid of shipping to the Dutch , and so destaoy our English Ma●iners , but also by law to ship it in Du●th bottom , it is consiscated or at least must pay the custome of Aliens or strangers as appeares by the statutes of 5 R 2. ch . 3 & 6 K 2 cha . 8. & 4 H. 7 ●b 10. & 5. & 6. E. 6 cha . 18. & 1 H. 13. But having bought some cloth and stuffs I was necessitated to run the hazard of ●hipping them in Dutch bottom ; but English woollen commoditie ; being so great a drug in Holland as they are by reafon of the merchant monopolisers , alias mercha●t adventurers , that ingrosse the trade to themselves , and buy their cloth here at what rates they please and sell it in Holland as dear a list ; and so care not how little they vend so they get mony enough by that they sell and disable all others from trayding , by meanes of which the poor people here that depend upon cloth-making , wanting work are necessitated to leave the land of their nativity and goe to Holland to make cloth for the dutchmen to get bread to keep them alive ; whereby they have almost got the English cloth making traid , and our wise ▪ just and long winded ●arliament , are willing thershould so do , or else almost in nine years time they would have given some satisfactory effectuall answer in those multitudes of Petitions that have year after year been preferred to them , complaining of these unsufferable and destroying grievances and yet they can assume to themselves a stile of the Conservators of the Leberties of England in the firs● year of Freedom , but I wonder where it is , for my eyes can see none at all in any kind , but rather more bondage then ever , witnesse now their Treason-trap , &c. So English cloath being so great a drugg there , that little profit could I expect by my adventure , unless I laid out in the return most of my mony in such Commodities as are monopolized by new Patents , Ordinances , against the Laws and Liberties of England ▪ and if I so did , when they come here ( if the Monopolizers catch them ) they are all lost ; so here is our Freedom , but yet notwithstanding , I did order my factor to lay out the most of my mony there , in such commodities only , being resolved as soon as I could here of the ships arrival in the river of Thames , to boord her with half a dozen lusty resolved blades ; and with my own hand to give the chief Monopolizer's a b●ace of pistoll bull●ts in his guts , or a prick with my Rapier or dager , in case he came to take away my goods from me ; and then to run the hazard of a tryal at common Law , to see whether by the Law of God , and of England ; I could not justifie the preservation of my self and my goods , from any that come to rob me of them , and rather kill him or them , that would assault me and them , then suffer him or them to take away by force my livelyhood , and so by consequence the life of me and my family , but the counsell of States robbing me of my liberty , by my close imprisonment in the Tower hath frustrated my marchandizing hopes , yea and it may be thereby break me to the bargin , but if they do , when they have seriously cast up their gains by it , they will not be six pence the richer , though my wi●● and ●●tle babe● may be much more the poorer : But to turn back again to my coming out of the North , besides the thoughts of my future substance , in some honest industr●●●● calling or other , I spent some time at Westminster , to see and satisfie my own understanding how the t●●e sail of things stood at the helm , I mean with the three great me● of the Army , viz. FAIRFAX . CROMWELL , and IRETON ; and whether I could finde out they had any real tho●●hts to prosecute their OWN AGREEMENT , that so we might have a new , equal and just representativ● , which I upon my principles ( now they had laid Kingly Government aside ) look'd upon as the only and alone earthly sal●● to heal and cu●e the wounds of this dist●acted and dying Nation , and to make it flourish once again in peace , Trade and all kinde of outward prosperity , and without which our wounds could never be hea●ed ●r cured by any other means that could be invented o● conti●●●d , looking in my own thoughts upon the then smal sitting remnant of the last Parliament , as a quite contrary inte●est to the peoples good or welfare ; distributive Justice and universall righteousness , being their bane , and that which would be the unavoydable ruine by reason of that horrible g●ilt they have contracted by their self-seeking unjust wayes upon themselves ; th● great bug-bear the King being now gone , they would be necessarily l●d , for the supportation of themselves in the evill of their wayes , and continuance of their intended perpetual Greatnesse , to court , support , and make much of the chief Supporters of all the remaining corrupt Interest in England , as the Priests , and their robbing Tythes , the banc of industry ; the Laywers , and their monopolizing pleadings , and all their old and base inslaving corruptions in the execution of the Laws , as bad in a manner as the old bondage of Egypt ; and of old and illegall Charter-mongers , the inhaunsers , engrossers , and Monopolizers of Trade , and all the base bondages thereunto belonging ; the peoples freedoms and liberties being the onely thing now dreaded by them ●● the only engine to pull down all the steps they have long laid for their elective Kingship , and the single injoyment amongst themselves alone ( and their vassals , slaves and creatures ) of all the great places thereunto belonging , and thereupon depending , which yet they must not immediately do , but go about it gradually , and first get the power of seeming legall authority , into a narrower compasse then it was , in their purged House of Commons ; that so that might rule , counsel and direct their mock ▪ Parliament ; and the Councel of the Army ●ight rule that ; by means of which ( what with the service of Irelan● , &c. ) they might so mo●●lize their Army , that it in due time might totally become slavish by obeying without dispute what ever their great Officers command them , and so unanimously elect , and impose upon the people their present generall for their King , as the onely fit , able , and best deserving man in England for that soveraign Place ; provided , under-hand he would ingage too high and mighty Oliver , and his Son in law Henry Ireton , to be sure to do a● they would have him , and in his Kingship to promote those that they would have advanced , that so one of them might not fail after his decease to succeed him ; and so in time , with their long continued power and wils , keep it in their Line , as the onely deserving Family in this Nation , who saved it from its enemies ( for their own ends ) in the day of its distresse ; whose battels it fought pretendedly for the Liberties of England , crying out Jehu like , 1 Kings 10. 16. Co●e , See my zeal therefore in cutting off the Kings head , &c. and razing out his Family : And undoubtedly it is of the Lord , for he hath prospered me in it ( and so he did Judas in betraying Christ ) and no●e hath been able to stand before me , When as , alas , all this successe may be no more but the rod of God to chastise a then more wicked Family , designed by God to that destruction ; for the transgressions , sin , or blood thereof ; Yet for all this , the heart may be no more upright then John's was , which vantingly lifted up by his great su●c●ss , & took no beed at all to walk in the Law of ( JUSTICE , TRUTH , and OBEDIENCE ) the Lord God of Israel with all his heart , but followed after ( MANS INVENTIONS and DEVICES ) JEROBOAM'S wickedness , to win the golden calfs in DAN and BETHEL ; for which wickedness and pride of his spirit , ( after all his success in fulfilling the express will and command of God in cutting of from the earth Ahabs family , for the transcendent wickedness thereof ) yet God begun to plague him , and in those daies cut ISRAEL sho●● , ye and afterward for the pride and wickedness of his posterity ( unto whom to the fourth generation God gave the Crown of Israel ) for JEHU doing well in executing that which was right in his eyes , in utt●●●y ●●ing of the house of AHAB for their ●lo●dt●ir●●y wi●kedness , according to the heart and mi●● of God , vers . 13. brought such plagues upon him and his people , that they became a spoil to all their neighbours , which made their affl●ction very bitter ; insomuch that there was not any shut up , 〈◊〉 any left , nor any helper for Israel , chap. 14. 26. And as JEHU to the eyes of men conspired against his Master and killed him , being but a Captain in Isra●l ; so Shalum the son of JABESH conspi●ed against the last of his race , and smote him before the people and sl●w him , and raigned in his stead , Chap. 15. 10. but because those that followed after took no wa●ning by the righteons and grievous punishment of their predecessors for their wicke●nesse , to w●lk righteously and justly before the Lord ; Therefore he made thei● R●ignes very mort , and full of blood and bitter affliction ; and brought their heads to their graves most commonly by Conspiracy , and that many times of their SERVANTS & CAPTAINS ; as the sequel of the Story shews . And in my Observations and private discourses at Westminster , I apparently found it to be as I fea●ed , their main endevours being closely carryed on to perpetuate this Parliament for ever , and by it , a new ( and then ) endevoured to be erected Councell of State , and the Councell of Warr , for the future ( by the rules of their wills ) to govern this declared Free Nation arbitrarily ; and to make some Gr●nd examples of ●error , as that none for time to come should dare to stir ; Which I there clea●ly saw , to my vexation and trouble , but was inwardly forced to bite my lip and be silent : but that which perplexed me most was that I found promotion and promised hopes of honour and gain had very much changed the principles , and cool'd the zeal of three or four of my familiar acquaintance and bosome friends , ●●at not long before had been visibly and frequently the valia west , stoutest , ablest Champions ▪ for Englands Libe●●ies and Freedomes that I know in the Nation ; some of whom very fairly and smoothly dealt often with my self , to be as prudent and wise in acceptation of the favours , and familiar respects of great men , as they had done ; and at my coming to town Duke Hamilton , and the stout Lord Capel &c. had newly entred upon the stage for the tryal of their lives , and I confess , I was exceeding curious , in satisfiing my self about the manner of dealing with them , and so up into the court I got and heard the begining of their defence , ●nd afterwards went and spoke with them , looking upon them as part of the people of England , unto whom if any injustice was done , it became a p●esident to destroy me , or the most righteous man in England , if the swaying faction pleased , and s●e●ng thes●m●n●a knowledg themselves subject ●● the penal part of the Law , as well as the directive part ( which the King never did but to his dying hour maintained , those two most ABOMINABLE AND ALL HUMAINE SOCIETY-dest●o●ing 〈◊〉 viz. that he was acco●●table to no power on earth , ( but God a one ) as to punishment for any of his actions , though never so wicked : And secondly that the ●eople have no share ●n Government , I thought my self and the liberties of my native Country concerned in the manner of their trial ▪ though I neither the● nor now liked the cause in whi●h they i●ga●ed ) as knowing and seeing very well when the hedges and freedoms of our liberties and freedoms have but a gape broken downe in them , it is likely in time not only to become a path , but ● high 〈…〉 , to let in such an inundation of illegalities and arbitrarits as shall over●●ow all and 〈◊〉 downe all underfoot , which is plainly to be read in Sit Walter K●●leys 〈◊〉 H●story of the Thirty grand Tyrants of Athens , in his History of the World , lib. chap. 9. 〈◊〉 . 2. ●ol . And which in time might become a meanes to pervert all the whole 〈◊〉 of the whole English Government , of which my mind being full , I argued th●● with my s●l●e . 〈…〉 be these mens lives they would have right or wrong , then they should have killed them in the heat of bloud and not have given them quarter , or after quarter given 〈◊〉 notwithstanding broke , and so have dispatched them by shooting or otherwise killing them in their Chambers or the like ; but to reserve them many months together alive , and b●ing them out in the face of the Sunne , preten●●ing to take away their lives by the rules of Justice and Law. Well then what is done unto them in this case , must be 〈◊〉 in the meanes and method of Justice as well as in the end , and the Law of England 〈◊〉 their b●●th●ight and inh●ritan●e in every puncti●●io of it as well as mine or any mans in the Nation , and indeed the end of the making of the Law is for transgressors , by the 〈◊〉 of which their actions ought to be measared , the priviledges and benefit of which all their 〈◊〉 ought not to be denied ( nay if they be ignorant of their legall priviledges , the Judge ought to instruct and inform them thereof ) nay or any stander by else that is present at the tryal , and the law renders this reason , lest the prisoner at the Bar should unjustly 〈◊〉 his life by the errors of the proceedings of the Court , 3. p●● . insti . fol. 29. 137. 〈◊〉 , for a righteous man the Law was never made for him , neither hath he any need to claime the benefit of the severall priviledges of it , because he doth not transgresse it ; but because so much malice and wickednesse is in the hearts of the sons of men , that many times the wicked and guilty accuseth the righteous and innocent , therefore the wisdom of our fore ▪ ●●thers , and the righteousnesse of the Laws they made for us and have left unto ●s is such that no man though never so notorious in publick fame , is to be esteemed or 〈◊〉 i guilty man or transgressor ( in the eye of the law ) till he be legally and duly convided of the crime laid unto his charge by the rules and methods of the Law : the law of England is as much to be magnified , as Sir Edward Cock often stiles it , being a Law of 〈◊〉 , 2 par . insti . fol. 315. favours much the life of man , because of all things in the world it is most precious , fol. ibid 30 see his exposition of magna charta in 2 par . inst but especially fol. 42. 43. 46 , 47. 51. 56. but above all read that most excellentest of all his discourses upon the righteousnesse , equity , safety , and justnesse of the tryall by Juries of 12 ( ●iber 〈◊〉 lega●is home ) free and legall men ( NEXT ) of the neighbourhood in his 1 pa● . Insti . ib. ● chap. 12 Sect. 234. which Parliaments cannot destroy nor change , because it is impossible for them to find out a juster or better way of tryall and they 〈◊〉 to provide for our weale , but not for o●r woe , ● par ▪ book . Doc. p. 150. and 〈◊〉 〈◊〉 doe what they list but what they ought 1 par . ●ook dee . p. 172. 205. 214. 266. 267. 〈◊〉 494. 497 499. 656. 660. 666. 696. 706. 707. 〈◊〉 2 par . fol. 95. & Declarat 17 March 164● p. 6. 21 , 28 , 27. For all the idle pratings of any new upstart ' SONS OF BELIAL amongst us , such as the Author of the late abominable Book called the DISCOVERER which is commonly reported to be partly Master Frosts Secretary to the 〈◊〉 call●d the 〈◊〉 of 〈◊〉 , and p●incipal●y that Apostate , IOHN CAN law if 〈◊〉 , and now of the Parish of B●w , whose conscience by that appeares so bread 〈◊〉 it will without doubt lead him to worship with the Turks Alkeron if it were in 〈◊〉 , and fat livings to be got by so doing ; But let all men in Authority and great place● 〈◊〉 value thei own heads and lives ; Remember Dudly and Epsons punishments Privy Co●cellors to H●n●y the● eve●●● , for proceeding by the rules of their discretion i● 〈◊〉 〈◊〉 , laying aside the tryals by Juries of twelve men , the ancient and undoubted birthright of the Subject 4 part inst . fol. 41. for which they lost their heads as Traytors for subvert●ng the fundamentall Liberties of the people , although they had an Act of Parliament ( viz. 11 Hen. 7. ch● . 3. recorded 4 par . inst . ●ol . 40 ) made by as unquestionable power in Law as ever was in being in England , in a free and full Parliament , c●●sisting of King , Lords Spi●ituall and Tempor●ll , and Commens ; to authorise and beat them out in what they did , of whom you may read most excellently in Cooks inst . viz. 2 par . fol. 51 & 4 par . fol. 41. 197 , 198. 199. And in my musing with my self of their conditionn , my thoughts were something to this purpose the actions done and acted by them , were either crimes or no crimes , crimes as to men they could not be , unlesse they were transgressions of a knowne and declared law in being in the Nation before their acts were done , ( for saith the Spirit of Truth , Where there is no Law there can be ●● transg●ession , Rom. 4. 15. ) and if so then to punish them for their acts ( or facts ) any other wayes , or by any other rules , manner or methods then is by those Laws against which they had transgressed , is expressed and pres●ibed , is very grand injustree ▪ and the most righteous and justest men in the world , ( under such practises ) can never be safe or secure , but are alwayes liable in liberty , estate and life , to be levell●d and destroyed by the will , mallice and pleasure , of the present s●aying grand faction , in which condition a man differs nothing from a brute beast , but in shape ; But the High Court of Justice , erected to try them , was a pretended Court of Justice , not knowne to the visible and declared law of England ( being in its constitution altogether against all the English Rules of justice , No nor in being when their facts were committed ; And therefore had no pretence at all being but a new constitution to meddle with Judging of their facts committed before it had a being , or was brought forth into the world . Besides the erection of it ( I mean a High Court of Justice ) to try men for siding with the King in ? the late warrs against the Parliament is a meer and cleer giving away , and surrendring up the legallity of their cause in o the Kings hands , telling the people in effect hereby , its true we have waged warre against the King , but if his sword had been as long as ours he might easily if he had pleased have hanged us all by the rules of Justice for transgressing ● l●w in being . But we having by the chanc● of war prevailed against him alass , we have no law of our sides , by the rules of which we can hang any of his party , but must be forced to take away their lives by the rules of our own wills and power , by rules of pretended Law m●de after their facts committed , and for the demonstrating of this unto all that have adhered unto us , we Erect a New High Court of Justicely new rules never known in England to try them , that so our friends that have adhered to us , may see where they are , and betimes provide for their own safety , and never trust or beleeve OUR DECLARATIONS AND REMONSTRANCES ANY MORE ; for though we formerly told you we had the Law of our sides ; yet by our setting up this High Court of Justice , to be both parties , Jury and Judges , we plainly tel you there was no such thing , but that then what we told you was lyes and falshood● and that you should beleeve us no more : for though then we told you we would maintaine the Law , especially of Liberty and Propriety , and that it was ● transcenden● wickednesse in us to destroy it , and by our votes at our wills and pleasures to disposeor levell all the peoples estates , liberties and properties ; yet now we iell you , we never in our hearts intended any such thing , but that our designe was totally ( if we did overcome ) never to keep any of our promises : but absolutely to destroy all Law , and by our absolute will , by all manner of new erected engins , to debase and breake the peoples Spirits , and to dispose of their liberties , estates and lives by the absolute rule of their own wills , and as a cle●● demonstration to your understanding that we never intended otherwise , , we erect this HIGH COURT OF JUSTICE , composed of suck 〈◊〉 we know will obey and execute the absolute dictats of our wills , ●e they 〈…〉 , without ever examining whether our commands be consonant to law , reason , eq●ity , justice or conscience , being of as absolute implicite faith in belcl●ering of us ( because we have promised they shall ●aign with us or under us ) as ever any papish in the world were believing the Pop● . Thirdly , Admit this had been an unquestionable ( representative of the people ) Parliament , who by ve●●●● th●●●●f hath had a power to levy what mony they had judged conven●●nt upon the peopl● b●●●neral tax for the common safety of the Nation , which act both by law , and reason ●h●y may do ; yet they cannot in law , equity or reason , lay all tha● tax upon th●ee o● four men alone , and make them bear all the charges of the publick ; ev●n so , although the Parliament may erect Courts of Justice , for the good of the people , to administer Law in ●esinitely to all the people of England alike without exe●p●ion of per●ons ; yet they can neither by Law , nor Reason , erect a Court of Justice on purpose to try three or four individual persons , and no more because it is against common equi●y , ●● Englishmen o● people being all born free alike , and the liberties thereof equally intasted to all alike ; and therefore in common equity and justice , three or four individual persons ought not to be burthened with an iron yoake , when the universal are only b●rthened with a wooden one ; and therefore in this s●●rt is my judgment . that that high Court of Justice was altogether unlawfull in case th●se that set it up had been an unquestionable representative of the people , or a legall Parliament , neither of which they are not in the least ; but as they have managed their business in opposing all their primitive declared just ends , a pack of trayterous , self seeking tyranical men , usurpers of the name and power of a Parliament . I say considering with my self some such things as these are , I was something diligent at the beginning of their tryal to see and hear all ; yea and of●en converse● with th●mselve● , but when I came to hear st●ut CAPEL make his defence for himself , ( which was before he had any counsel assigned ) and so GALLANTLY and ac●utely to pl●ad the Law , and demand the benefit of it ; which he did as acutely in my judgment , as ever I did hear any ●● an in his own case in my life , alledging fiftly the Statu●e of 25. Ed 3. chap. ● . and cited the very word of those ● notable Statuts for his benefit , of the 1 ●●n 4. chap. 10. and 11 Hen. 7. chap ▪ 1. the last of which indemnifies the Kings followers i● wars , and also cited the first and second of P. and M. chap. 10. and pressed therefrom that ●ll treasons should be tryed by the ●●les of the common Law and not by ext●a●●din●ry ●ays and means according to the declared Laws in being citing the petition of right for the proof of that , looking round about him , and saying I am an English man , and the Law is my inheritance , and the benefit of the petition of right my birth right , if so then saith he l●●king upon the president , 〈◊〉 my Jury . I see none of my Iury , that is to pass upon me ▪ I demand the sight of ●● J●●y legally pannelled , as my right by Law , without the verdict o● whom I cannot in Law be c●●demned , and when it w●s ●eply●d upon him by the pre●●dent , that the members of the Court was the Jury ; he most g●●lan●ly and resolu●●ly answered to this effect , I 〈◊〉 you will not deny me the bene●●● of the Law , which you ●●etend you have sought this Seve● years to maintain : I hope , Sir , You will not deny m● the benefit of the Declarations of those by whose power you sit : And producing ●●e Declaration ( of the pretended House ) made the 9th F●br . 1648 ▪ To maintain the Fundamentall LAVVES of the Nation ; he held i● forth , and desired it to be read , which was refused by the President , telling him , They knew it well enough : Well then saith he , Here 's a Declaration made but the other day , whe●ein the Parliament declareth , That they are fully resolved to maintain , and shall and will up hold , preserve and keep the Fundamental Lawes of this Nation ; for , and concerning the preservation of the Lives , Properties , and Liberties of the People , with all things incident thereunto ▪ with the alter●tions touching Kings , and House of Lords already resolved in this present Parliament , FOR THE GOOD OF THE PEOPLE : And saith he , It is one of the Fundamentall Liberties of the Subjects of this Kingdom , to be tryed by JURIES ; and I hope you wil not deny me the benefit of the Parliaments Declaration , and so break it as soon as it is made : but all was to no purpose ▪ he must have no Jury , but Councell , if he would ; at the denyall of which unto him , I confesse my heart was ready to s●●k within me , and my spirit was inwardly fill'd full of fire at these wretched men , whose now decla●ed de●ig●s was cleer to tread under their feet all the Liberties of England , notwit●standing a●● their oathes and promises to the contrary ; and then in that ●●y in ●y own thoug●●s I cl●arly bid adieu unto all Englands glorious ( amongst men ) Lib●●ties and dea●-bought F●eedoms , and much adoe had I in the open Court to containe my self f●om an a●●wed d●te●●ation of their A BOMINABLE WICKEDNES , my hea●t was so full ; but being withdrawne I was something free in my discourse in all companies I came in ▪ but yet upon the principles of the Law and their own Declarations , as being almost overwhel●ed to see what I then saw ; and severall discourses I had with the prisone●s , and divers of my books and law pleas , with Sir Iohn Maynards and the foure Impeached Aldermen I sent them , and much pressed some of them to put their lives upon the hazard of a Plea and protestation against the Jurisdiction of the Court , telling them if they dyed upon that score , they would not only dy as lovers of the King their principall , but also of their Country , as brave Englishmen in the eyes of the people ; whereas if they stooped finally to their Jurisdiction , they might easily perc●ive they were resolved to sacrifice them , and if they so died they dyed upon a poor and begparly score ; ye● in a manner upon the deniall of their own principals ; but the Gentlemen having as ●o me appeared , large promises of their lives upon conformity to the Jurisdiction of the ●ourt were meerly gull●d thereby of their lives , and could scarce ever beleeve the should dye till the house of death came upon them . And yet notwithstanding this , some of them sent to me , to desire me to be one of their Councell , to plead for them in matter of Law ; unto whose friends I returned an Ans●er to this eff●ct , That I could not be ●o unworthy in my own esti●ation , as to plead any plea they could plead for a justifi●ation of their ●ctions ( though I conf●ssed there were much in Law to be said for them ; ●f e●●ally , as the case stood with them ) unlesse it were a plea and protestation against their Jurisdict●on ; and so procrastina 〈◊〉 tryall , if it were a possible till a new Parliament ; upon whi●h plea , I ●ould willingly have ve●tred my heart blood for th●m , because my int●r●st , and the inter●st of all the free and honest men in En●l●nd was as much concerned in that fa●●ll president of that abhominable and wicked Court , a● C●pell or Hambleto●s life , &c. was ; but they would not venter there , and so I declined them : And when HOLLAND came to it , a Lady , and some other of his friends came to me , to my house about hi● ; but I was still upon the same string , yet sent him word of severall particulars , in reference to my Tryall and arr●igament at Oxford , that was very materiall to his present cause , and if he would call me in the open Court , as a Witnesse ; he should s●e I would speak my minde freely and effectually , although I smarted for so doing ; and he appointed a day to call me ; whereupon , I went into the Court , and conveyed w●rd to him , I was there , but whether his heart failed him or no , I know not , but he never called me ; so when I understood they were all in the way of condemnation , I took the thid part of Cooks Institutes under my arme to the house doore , and made severall A●pli●●tions to some of their Judges , and some Parliament men for them , and particularly with Colonel Temple ▪ Governour of the Fort near Graves End , and del● with him upon their own Principals , as the most probablest to doe the Prisoners good ▪ and to save their lives , which I confest● I much laboured for , and my Discourse with him 〈◊〉 to this ●ffect at the House doore : Sir , I beseech you , let me a●k you one question , What 's that saith he ? It is whether you think you● House intend in good earnest to ●ake away the lives of the Lord Capel & c ? or whether they have only caused them to be condemned in terrorum ? without all controversie said he , they intend to take away their lives , and it is but just they should , and doe not you believe so , No indeed Sir doe I not , and ●● you please , I will give you some part of my Reasons therefore ; I pray let me have them , Well then Sir said I , to say nothing of the Jurisdiction of the Court by which they were tryed ( which is very questionable to me ) no● of the power of a Parliament to erect such a one , nor yet of the questionablenesse of the legality of your single House , nor of the clearnesse of the letter of th● Law o● their sides ; which now the King being g●ne , might put you o●● of feare of the future power of these men , and make you now 〈◊〉 at your mercy , and you out of fear of present hurt by them ; seriousl● to we●g● the Qua●●ell betwix● you and the● in an equall and just balance ; which if you do , I am sure you will 〈◊〉 it very disp●●eable in Law , and something in Reason too , considering many of you● late actions ; especially if you consider , you● ever avowedly nor throughly stated your Cause ; but begun it upon Commissions for King and Parliament , force ●● people to take the Oath of Allegiance and Supremacy , Protestation , and two Covenants , ●● all which you force the people to swear to maintain the Kings Person , Crown and Greatnesse : and this 〈◊〉 the Wars begun , letting all Writs and Processe of Law 〈◊〉 in his Name , and thereby your selves m●ke him as it were Alpha and Omega to the p●ople ; yea , and in severall of your Declarations fince the quarrell , you call him the fountain of Honour , and averr he can do no wrong : See 1 part Book Decl. pag. 199. 304. All which doings of yours are enough to make men si●● with the King , especially those that have great Estates , if it be for nothing but safetie's s●ke alone : But I will la● all these aside , and argue with you more closely , upon principles that you cannot dispute against . 1. And therefore in the first place , The Law of England p●●lished by your selves , saith expresl● , No man of England in things concerning lif● shall be judged tw●●● for one fact ; but if once judiciall● tryed and acquitted , he never more by Law can be questioned again for that crime , though indeed and in truth he be never so guilty of it , and though it be never so criminous in it self ; otherwise there would never be end nor safety : And for the proof thereof I then ●ired ● YERS Case , at the Sessions of the Peace holden at Norwich in the 32 yeer of Q●een Elizabeth , and the Judge● opinions thereupon , which is notably recorded in Cooks 3 put Institutes chap. 104. of falsifying of Attainders , fol. 230. And my own Case at Oxford , which was to this effect : Being at the Fight at Brainford ( which was upon the 12 of Novemb. 1642 ) taken prisoner in Arms against the King and his party , I was carried captive to Oxford Castle ▪ where not long after my arrivall , the Lord Dunsmore , the Lord Matrevers , the Lord Newark ▪ and the Lord A●d●ver came to the Castle to me from the King , as they said , and proffered me from himself great matters , so I would crave his ●●don for the treason I had committed against him , in being in arms against him , and fo●sake the traiterous Parliament , and return to my obedience ( as they called it ) to the King : but being then as able in my own thoughts , as any private man in England to argue the equi●● and Justice of the Parliaments Cause , I was then knowingly ingaged in by the hopes of the performance of their many gallant promises to make people of England free and happy ( their then only declared a●m and end ) ●nd in whose quarrell I would then have laid down a thousand lives , ( if I had had them ) and for the greatest part of an hour together , by din● of Argument , grounded upon Law and Reason , sc●●ning and 〈◊〉 all 〈…〉 of Honour , Riches , and Greatnesse , I ●eld them in play so ho●ly , that they ●●ll 〈…〉 with me , and gave up their disputing bu●●lers ; t●●eatning to hang me 〈◊〉 for a grand Traitor , without any more adoe . At which I laughed , and desired their 〈◊〉 to tell me which way they would go to work to take away my life , now they had given me quarter . Well , say they , We have two strings to our bow , And in the first place , we will arraigne you for a Traytor , for being the chief or Generall of the Preuti●●t , that c●●e d●●● to Westminster and White Hall , and forced the House of P●ers , and drove away the King from his Parliament , and so begun the Warrs . Unto which I replyed , Al●sse , my Lords , you will be far mistaken there . And I cannot but wonder , that your Lordships should so undervalue your own Honours and Reputations , as so much as once now to mention this . Why Sirrah ? said one of them . Why , my Lord ? Because your Lordships may remember , that the 3 of May , 1641. the King caused Warrants to issue out to apprehend me as a Traytor for this very thing , and others depending upon it ; and as a traytor I was apprehended by his Messengers , one of which that night kept me prisoner as a Traitor : and the next morning I being 4 of May 1641 , as a Traytor I was brought by him to White Hall , where , ( a● I remember ) old Sir Henry Vane and Mr. Nicholas were appointed by the King himself to carry my Impeachment to the House of Peers , at whose B●r I that day appeared ( not then understanding their Jurisdiction ) and was there that day in your way arraigned for my life , and one Littleton the Lord Keepers Kinsman , swore most bi●terly against me : but upon further examination of witnesses , and hearing with patie●●● my own Defence for my self , I was by your who●e House ( who look●d upon them●elves as the highest Judicatory in England ) honourably and nobly 〈◊〉 , a● 〈◊〉 ●●nocent and f●●e of the Kings accusation : of which , my Lords , ( said I then ) let me plainly tell y●u , if I were guilty , you were a company of ●●righteous and unjust Judges for freeing me from that Accusation : but , my Lords , being judicially tryed therefore , and acquitted by your selves , ( who , if my memory fail me not , I ●aw all at that Tryall ) and by your whole House ( then extraordinary 〈◊〉 as ever I saw i● ) who judge your selves the highest Judicature in England , I am acquitted thereby ( my Lords ) by the Law of England , from any more question about that 〈◊〉 , although it should be granted , I was never so guilty of it . Unto which they replyed ( to my remembrance ) in these words , A pox on you , for a cunning subtill Rogue , are you so cunning in the Law , that we cannot lay hold of you here ? but yet for all your parts , we will have you to the gallows , for leavying Warr upon the traiterous commands of the Parliament against the King● : And here ( ●aid they ) wee are sure the ●aw will reach you . Whereupon I was immediately a●ter laid in●●●tons , and brought to the Bar before the Lord Chief Justice Heath , Sir Thomas Gard●ed Recorder of London , &c. and by Indictm●●t , a●●o●ding to the rules of the Common Law , a●r●igned for a traytor for levying War in Oxf●●dsh●●e against the King. But my Plea to the businesse of W●stminst●r ▪ and the P●enti●●● was admitted for good law ▪ That being once judiciall●●●ed and acqui●ted , I could no more be troubled therefore : neith●r indeed was ● . But according to the punct●li●es of the Law , they gave me all the lair play ▪ in the world that the Law would allow me , s●ffering me to say for my self at the Bar what I pleased , releasing me of my close imprisonment and i●ons , and allowed me pen , ink and paper ( which the Jaylor kept from me ) upon my pleading before the Judge ; such usages being altogether contrary to law : and that no such usage , ought to be exercised in the least upon any prisoner whatsoever , that w●● 〈◊〉 bea●●ly rude in his imp●●lonment ; and that no supposed ●raitore● 〈◊〉 by law could be put to any pa●● or torm●nt before co●riction . And truly , Colonel Te●●le , I shou●d be very sorry , and blush for shame , 〈◊〉 considering my ●●rong zeal in the Parliaments cause , to see the day that the Parliament of England ( a● least th●se that so stile themselves ) that hath pretended so much righ●●●●ness and justice , should be no more just to the Covaliers ( against whom they have fought for injustice and and oppression ) in denying them the benefit of the Law ●h●n they are in their power and mercy , then the Kings Jadges were to me , and other of your prisone●● , when their lives were in their power and mercy , in the hight of War , and of their 〈◊〉 prosperity , and yet granted us the benefit of Law in all things we claimed it in , as Capt. Vivers of B●n●ury , arraigned with me , can witnesse as well as my self . Now Sir , to make application : the Parliament not long since , when in its po●e● it was more a●un●●ntly unquestionable then now it is , ( after its new force ) cond●●●●ed CAPEL , HAMBLETON , HOLLAND &c. to banishment , for the very 〈◊〉 now to their charge ; an● th●refore in Justice and Law cannot a second time cause them to be adjudged to die for the ve●y same things . It s nothing to me , nor to the King●om , for you to say , that when that J●dgment pass'd they had so many friends sitting in the House as over-voted the honest Common-wealth's-men to the pr●judice thereof ; for the maj●r part is Parliament , or else th●re ●s no parliament : Therefo●e Sir , I reason thus : E●ther that wherein that Judgment pass'd was a parliament , or no Parliament ; ●if a Parliament , then their judgment ( ●s to themselves especially ) was binding , and the benefit of it they ought not to deny to them whose live● are cons●rved in it ; 〈◊〉 it were unjust in it self ●● to the Nation : But if you , or any other man shall say , it was no Parliament , as having forfeited their trust in treating with the King again , and so their Judg●●nt not valid , then with much more confidence say I , this that now fits is no Parliament , and so by consequence , the High Court of Justice no Court of Justice at all ? and if for then to execute them upon their Judgment , is absolute Murder . But I would fain see that honest and valiant man in your House that du●st pretest against them for no Parliament . But Sir , besides this , mark the consequence of it to all we Parliamenteers that have acte● under you , and by vertue of your commands , by these Proceedings ▪ First , You have sold the Bishops Lands , and given them th●● bought them , as they suppose , good security for their quiet enjoyment of their P●rchas●s : I , but within a little wh●le after , part of the very same Parliament alters their mindes , and being becom●th ma●or part by forcible Purgations , illegall new Recruits , or by any other ●ricks ●●●●vi●es , and they vote , all those barg●ins are unjust , and the Purchasers ought to lose both ●e●r Land and M●n●y : where is then that stable security of Parliaments ? And yet such doings would be as just as your present dealings with CAPEL , &c. whose preceden● 〈◊〉 a precedent for that , and much more of the same nature . B●t secondly , The sam● Parliament that condemded Capel &c. to B●nishment , pass'd mul●itudes of Compositions with severall Cav●lier● , as guilty of T●eason in the 〈…〉 of it , ●s they : And by the same rule●o● now cond●●n CAPEL , & 〈◊〉 ; after you have judged them to banishment , you ●●y adjudge all the compounding C●v●●eers to ●●●ange● , after you have adjudged them to composition , and so put the Kingdom ( by 〈…〉 people desperate ) in an everlasting flame that never will have end , bec●●se 〈◊〉 is ●o certainty in any of your proceedings , but are ●s changeable as the wind th●● 〈◊〉 〈◊〉 , Thirdly , and most principally it is a common maxim● in Law and Reason , both , and so declared by your selves , 1 part Book Declarat . page 281. That those that shall guide thems●lves by the judgment of Parliament , ough● ( what-ever happen ) to be secure and free from all account and penalties . B●t divers honest men ( as you now judge them ) ●ave acted and gu●ded themselves by the judgment of Parliament , as they account y●u , in taking away the King's life ; and y●t by your dealings with CAPEL , &c. they are liable to be hanged as ●rayt ●s 〈…〉 a major part of your very House , by force , or other 〈…〉 , shall vote that act 〈◊〉 , and all the Actors therein Traitors : So that , Sir , if I have any judg●●n● in ●●e , by his very single act towards them , you shake the v●ry to●ndation of the validity of all the Parliam●nts Decrees and Judgments at once , and m●ke 〈◊〉 all the Se●uri●y and ●ndemnity that those ( in ●q●●ty ) ought to enjoy , that have acted by you commands , a●d guided themselves by the judgment o● Parliament : By mea●● of which you will finde in time , you have demolished your own Bulwarks , an destroyed your own Fences . And for time to come , for my part , I shall be a tho●sand times more wary how I obey all your Commands , then ever I was in my life ; se●ing yo● are so fickle and unstable , that no man knows rationally where to find you , or fixedly to what to hold you . But if you shall object ( as some do ) That that judgment of B●nishment was onely in ●●ference to the peace with the King , and that being broke , yo● are absolved from that judgment , and not bound by it . To which I answer no more but this ; That was a Judgment upon s●i●ous and solid debate , of long continuance , at the passing of which you acted as individually , and as independently from the King , as ever you did before or since : and therefore in Law , Justice and C●nscience you ought to stand to it , and make it good to the Prisoners concerned in it ; especially , considering they desi●e it . But having in length outstriped an ordinary epistle , and having much matter remaining , j●dging it more then time this that I have here writen to you , should come to publick view , ( although I perish for so doing ) I am forced and necessitated ab●uptly here to break of ; and leave the remaining part for a second part to the same tune if God spare me life and health , and give opportunity , although I be cut in ten thousand peece● therefore ; for if every hair of CROMWEL , FAIRFAX , IRFTON , HASLERIG , BRADSHAW , and HARISONS head , were a Regiment or Legion of armed men , I would by Gods ●ssulance in the present righteous cau●e in which they have deeply imba qu●d me , ( by their lawless Cruelty and Tyranny ) ●ear them no more then so many butterslyes or motes in the sun ; for behold , God 〈◊〉 my salva●●on , I will trast and not be as●aid , fo● the Lord JEHOVAH is my strength , and my song , he also is ( long since ) become m● Salvation , Isa . 12. 2. Therefore will ● sing ●ejoy●e ●nd b● m●r●y , for he hath fitted me for all manner of deaths ; in inabling me through his strength p●wer and presence , any time this twelve years together to carry my life in my hand , and to be always eve● since in readiness at a quarter of an hours warning to lay it down ; whi●h ● shall ●s freely 〈◊〉 ( as eat ) in t●is just and righteous quarrel , viz. THE LIBERTIES OF THE LAND OF MY NATIVITIES AGAINST THE APOSTACIES AND TYRANNIES OF HER MOST PERFIDIOUS AND TREACHEROUS PROFESSED FRIENDS and the holding out of Gods Soveraignty amongst the son of m●n , as being that one , single , 〈◊〉 ●LONE ( either in heaven or earth ) that is to raign , rule , , govern , and give a law by his will and pleasure to the sons of men ; the absolute workm●nship of his hands or power ; And therefore to thee O CROMWEL , O FAIRFAX , O IRETON , O HASLERIG , &c. in the power , might and strength of the Lord God Omnip●tent and Almighty , that Rai●●s and shall Rule for ever and ever ; before whom the 〈…〉 doe quake and tremble ; and before whom You are all of you as inconsiderable 〈…〉 Sun , as the dust of the ballance , or the smallest drop of the bucket : To you , I say , in my present condition , as Shadrach , Meshach and Abednego in their great 〈…〉 the outward man , Dan 3. ) said once to your brother Tyrans Nebuchad●●zz●● ; 〈◊〉 unto you , that for all your power and worldly greatnesse ( with all your 〈…〉 ) that I fear you not , not a●● carefull to answer you in the matter in 〈…〉 us ; for the God whom ( with my soul and body ) I serve ( with uprightness of 〈◊〉 ) is able to deliver me , from the burning fiery fornace , ( your cruell close 〈◊〉 , Banishment , Dungeons , or Death it self ) yea , an ● hewill deliver me out of your 〈◊〉 hands , O ( perfidious cruel ) Tyrants . But if he will not , Be it known unto you , O ( apostatised ) Tyrants , that I will ●● serve 〈◊〉 ( stoop or submit unto you ) nor worship your I doll or golden Image that you have set up ( your Arbitrary power and unlimited greatnesse . ) But least God should give or permit you a larger power over me then he did the Devil over JOB to murther me before I can write the second part hereof ; therefore I shal now give you the heads of my intentions , and so conclude . First , From the perplexitie of my spirit with the unjust dealings with CAPEL , &c. I left Westminster and retired home , resolved in solitarinesse there to abide , whered was grievously tormented with the cryes of poor people who came to me in multitudes for advice in their tedious suits of Law , whose complaints without any hopes of remedy that I could give them , made my house a place of torment to me , which forced me to visit Westminster againe , where 2ly , I heard the certainty of Husons , Whaleys and Major Bertons desperat height at their Councel of Wa● at Wh●●●hall , at or neer upon the 22 of Feb. 1648. to ingage that Councel ( vi & ●●●nis ) to pro●ure by Cromwels means a Law at their pleasure to dispatch me and my honest friends the Whalboneers ; which when I examined from friend to friend , and some it to be very true by the attestation of plurality of their own Officers , my spirit was all on fire , ( and no Lyon o● the Army to me then so full of dread , but I durst inco●●●● with ) to consider with my self that all our Liberties and large expectations must 〈◊〉 in this , That now our lives must be at the absolute wil and pleasure of a company of BLOUDY and INHUMANE Butcherers of men , that had served seven yeers apprentiship to that bloudy and wicked trade of cutting of mens throats for money , and nothing else ; who never had kept faith or troth with any sorts of men they dealt with , and yet must now become our Accusers , Prosecuters , Witnesses , Parties , Jury , Judges , and Executioners : At the very thoughts of which I was even con●ounded in my spirit , and which justly and throughly ingaged me in the chief managing of the first and second part of ENGLANDS new Chains discovered : The first of which I presented at the Commons Ba●●e , with a speech to it , the 26 Febr. 1648. the second pa●t of which I , &c. had got divers thousands of hands to : the truth of 〈◊〉 ●●ne of which , ( ●or all it s declared treasonable ) I will seal with my heart blood ; and ●●dertake before a new Representative ( TO WHOM I HEREBY AGAIN APPEAL ) to prove every charge in it upon my Life . I shall also give the Reaso●● wherefore I have flown so high , as I have done , which is , because they have thought ●● just in them to ac●use the King , the supreme Magistrate , of Treason ; and yet 〈◊〉 thought and declared it Treason in me , &c. to goe about the doing of any such thing to Mr. OLIVER , that I will maintain it upon my life , more ( comparatis 〈◊〉 ) legally deserves it then ever the King did ; And yet though I , &c. 〈◊〉 in the very 〈◊〉 that they themselves ( I mean both Parliament and Army ) 〈◊〉 out unto ●●● : viz. by P●●ition , ( 1 pa●e Book Declar. pag. 123 , 101 , 202 , 548 , 720. and Armies Book , Declar. page 17 , 33 , 35 , 44 , 60 , 61. yea , see page 83. and you shall there finde in the fifth Article , they impeached Mr. Hollis , Sir Philip Stapleton , and Mr. Cly●● for Traytors , For obstructing and prejudging of publique Petitions to the Parliament ; and yet they adjudged and 〈◊〉 me , &c. for a Traytor therefore , without so much as 〈◊〉 hearing me to speak for my self ; and then after they had condemned me , went about at the Kings . Bench-Bar to try me for my life ; unto whom , if I stooped , I was sure to be gone , being already prejudged : Again , I shall also acquaint you with the severall Discourses Mr. Hollan●● , Mr. Hunt &c. had with me about these Businesses , and the large proffers I had from them , yes , and from Mr. Alexander Rigby as the mouth of Sir Henry Mild may the 〈◊〉 Agent , who had Commission ( as he said ) to proffer ●●e and my Comrades ●●ge places and preforments ; so we would sit still , and let the Grandces goe on with their work : Which I with detestation refused at the house doore , the very FORENOON , I was adjudged a Treytor , and thereupon the same day in the Afternoon , the Votes of Treason past against me , &c. and my Second part of Englands New-chairs discovered . And seeing the Businesse of Scro●●'s men is wrongfully father'd upon me , who never will incite Souldiers nor others to declare upon any thing else but our printed Agreement of the 1. May 1649. and that when they do draw their Swords against their General , &c. they shall throw away their Scabbards , and rather fight with him , then treat with him , without either resolving to give or take Quarter ; yet I say , seeing this is put upon my sco●e , I hope I shall evidently make it appear ( comparatie compara●●● ) " That I am able to give 99 in the handred to any Champion the Generall hath in England , and from Scripture , Law , Reason , and their own Declarations , to make their action appear more just 〈◊〉 the Generals severall Rebellions against the Parliament , his Creators , and extraordinary good Benefactors ; or his Rebellion and the Parliaments against the King in the love Warrs . And lastly , I shall shew the falseness and malignity of the late DISCOVERERS designe , of fathering upon me , &c. all the erronicus tenents of the poor Diggers at George hill in Su●rey , laid down in their late two avowed Books , called , The true L●vellors Standard , and The new law of Righteousnesse , to which they have have annexed their names : The R●ad●r● taking notice of which alone , may be an answer to all that abominable lying late Book , called , The DISCOVERER . And so , Mr. SPEAKER , thanking you for some late kindnesses in your House , I received from you , I take leave to subscribe my self An honest and true ▪ bred , free Englishman ; that neve●● in his life feared a Tyrant , nor loved an Oppressor . JOHN LILBURN . From my close , unjust , and causelesse Captivity , without allowance , ( the legall right of all men in my case ) in the Tower of London , this 8. of June 1649. The first yeer of England's declared Freedom , by the lying and false pretended Conservators thereof , that never intended it . FINIS . Notes, typically marginal, from the original text Notes for div A88212-e710 * 1 Part. Book Dec. pag. 172 , 195 , 214 , 281 , 342 , 464 , 494 , 497 498 , 663 , 666 , 673 , 750. * Was this wicked and illegall in the King ? and can your denying my wife ( as in my present imprisonment you have don ) so much as to see me , or speak with me , or bring me food to preserve me alive , be legall , just , and righteous in you ? Let God and all righteous men judge betwixt you and ●● in this particular . † As particularly that old guilty Traytor Sir Henry Vane , who was one of the principall men that passed that bloody murdering Sentence in the Star chamber against me , in the yeer 1637 : and whose power ( by his crafty Machiavel Sons interest , young Sir Henry ) kept me above eight yeers together in suit in the House of Commons , that I could not get one dram of Justice , or reparation against my Star-chamber Judges ; although the purfuing of that Suit one way and other , cast me above a thousand pound : Yet at lest , when I got a● Ordinance for 3000 li. for reparation ( me from those that did me wrong , but from the Common-wealth's Sequestrations ) yet in the passing of that Ordinance , steps up John Blackston in the House , ( one of Vane's creatures , for the many thousand pounds sake of the Common-wealths money he hath helps him to ) and he gets all confideration of interest for the forbearance of the money , cut off ; so that it would be many yeers before the whole sum abhorted would come in : onely there was a thousand or fifteen hundred pounds worth of wood feld of Sir Henry Gibs in Brandsborth Park which Sir Henry Vane by his pounds , in the Knights absence and mine both , gets an Order to possesse , although he hath no right unto it : so that my 3000 l. will be well nigh this ten yeers before the annuall rent of the Lands allotted will bring it in : which will scarce be Use for the Principall . Of all which usage , when I come out of the North to the Citie , ( immediately after the execution of the King ) ● comp●●ined to Sir Arthur Hasterig , ( then my familiar friend ) and begg'd of him to deliver a Message for me to Lieut. Gen. Cromwel ; in which I acquinted him step by step , how old 〈◊〉 Henry Vane had without cause , for this twelve yeers together sought my bloud , and had got a good part of it ; and I knew that Litus . Gen. Cromwel had ( by his son's similiarity with him ) been of late the staffe and stay of the old Traytor : and therefore I desired him to tell him , I thought 〈◊〉 had been out-folling enough betwixt Cromwel and me already , occasioned by himself ; but for my part , I desire to have no more jarring betwixt us , and therefore did earnestly intreat him to let old Henry Vane and me alone instand or sall●y our selves : For seeing he would never give over the pursuing of my lifes : I must be forced to have much to his ; for I told Sir Arthur , I was resolved either to impeach him or indict him for a Traitor in betraying all the North of England to the Earl of Newcastle and sending his Magazine of Arms to him to Newcastle from Raby Castle , assuring him moreover that if L. G. Cromwel would yet protect him , for all his greatnesse ● would try another fall with him , cast i● what it would ; but as if it were the highest treason in the world for any 〈◊〉 in England , but he that is a Parliament man , to say that blacks the eye of any man in that House , old Sir Henry and young Sir Henry Vane are both endeavoured by King Nol to be brought in againe to the House ( having been formerly excluded for three quarter Cavaleers ) and to be 〈◊〉 Members of the New Councell of State , and King Nol by his Beagles at the Counsel of War 〈…〉 Vote to passe to desire him to get a saw made by the House to authorize that bloudy and 〈◊〉 Councell to hang poor peal-garlick or any other that they should judge worthy of 〈◊〉 ; so that here was a fine morse-trap for old and young Vane to catch poor John in , not obtained 〈◊〉 doubt of the greatest engagement in the World to be King Nols Slaves & Vassals , to ingage with him , and drive on any interest be would have them , for his so seasonable help of them at this 〈◊〉 great time o● need , against furious Iohn ( as they call him ) who in Feb. last offered a 〈◊〉 of Parliament ( where S. Arthur then sate Chairman ) upon his life upon the Authority of that own Ordinances to prove old Sir Henry & his son Sir George Vane both Traytors , & to ●●y them to transport their souldiers for Ireland ( out of their states & their trayterous Confederates in the County of Durham ) 50000l . and earnestly begd of S. Arthur & the Committee to 〈◊〉 the House herewith ; but the next news I hear King Olivers paws was laid upon poor Iohn● 〈◊〉 he and his Cozen Prince Arthur come to burn their fingers before they and John hath 〈…〉 Oliver thanke himself , and leave Trayterous old Sir Henry Vane and his wicked sons to 〈…〉 their own legs without the help of his Crutches the next time .