The Traitors CLAIM; OR A A Clear and Impartial CONSIDERATION OF THE Security as to Life,  
Claimed by the Condemned TRAITORS now Prisoners in the Tower of London, who Rendered themselves, according to his Majesty's Proclamation, of the 6th of June 1660. by Advice of the Lords and Commons, than Assembled in Parliament.  
IN A LETTER Written August 20th 1661. to a Honourable Member of the House of Commons, now sitting in Parliament.  1 Kings 2. 36, 37. 
And the King sent and called Shimei, and said unto him, Build the a house in Jerusalem, and go not forth from thence any whither: for it shall be on that day, when thou goest out, and passest over the Brook - Kidron, thou shalt know for certain, thou shalt surely die; thy blood shall be upon thine own head.  Prov. 20. 28. 
Mercy and Truth preserves the King: and his Throne is established by Mercy.  Justin. 
Spectandum, an in conventione fulem Medorum Elegissent.  
LONDON, Printed in the Year 1661.   

The Traitors Claim of Security, etc.  
Honoured Sir,  
AT your return into the Country, I received yours of the 10th instant, which signified your serious Debates, and Union in Parliament, in the matters which concern this Church and State. For this I thank you, and in this I rejoice with you.  
In your Letter you are pleased to put on me a task which you (knowing me so well) cannot but know, must needs be unpleasant to me, viz. To consider the Case of the Condemned Traitors now in the Tower, waiting for Execution; and impartially to communicate to you my thoughts, concerning the Security as to their Lives, which they challenge, & some on their behalves pled; the Question you have thus stated.  
Whether the Condemned Traitors, who rendered themselves according to the Proclamation of his Majesty, and on trial stand Condemned, may with Justice and Honour to the King and Kingdom, be Executed upon a Bill or Act of Parliament to be passed for that purpose.  
Sir, I do not a little wonder you should charge this work on me, who indeed am yours to my power, but at such enmity with all Agents in that Barbarous Murder of our late King of glorious Memory, that I could with Tertullus accuse them, better than with Gamaliel make the lest Apollogie (though never so Rational) for the Security of any one of them; How often have I imprecated God's vengeance on them? and attended the healths drunk to their confusion; triumphed in their Conviction and Condemnation; and fretted at the Reprieves of their Execution? Must I now by your Command be constrained to appear Advocate for their Blood, which spilt many years since might have prevented the spilling much Gallant, Noble, English Blood? yea (and what is ten thousand times more precious) the Royal Blood of the only Protestant King and Prince.  
And really Sir, I should adventure a denial of your Demands (your desire deing so contrary to my Judgement) were I not awed into a compliance, by the transcendent splendour of his Majesty's Clemency, conjuring down the spirit of revenge, and all vindictive thoughts, raised by the late Rebellion; but (presuming your enquiry to spring from the same Principle) I dare not but endeavour your Resolution.  
Sir, I must in this undertaking inquire, in what sense, you understand the term Justice? If strictly and propperly as opposed to Wrong Who knows not that a Parliament (which may dispose of all our Lives at pleasure) may justly Execute those, whom the Law, by a judicial and regular process, hath condemned? But forasmuch as summum jus, warranted by our Laws, may seem (Jure Civili) to be summa injuria; (as it was in the Case of the renowned Tho. Cromwell, concerning whose attainder by Parliament, a judicious Lawyer hath advised, 
●… Cook.  auserat oblivio si potest, si non ut cunque silentium tegat) I must conceive by Justice you mean Equity, the Bridle of summum, jus, or Truth opposed unto breach of Faith; Your concomitant Honour is my Conduit to this interpretation, and than your Querie is,  
Whether the Condemned Prisoners, who rendered themselves upon the Proclamation of his Majesty, published by the Advice of his Parliament, being on Trial Convict, and Condemned, may with Equity, Truth, and Honour in King and Parliament, be Executed, on a Bill passed for that purpose.  
Sir, the Resolve (my Judgement on deliberate thoughts doth compel me to give) to this Querie, is Negative, so repugnant to my former fervour, and expressed desire, that I am reduced to the straight of the Lord Digbie in the Case of the late unhappy Earl of Strafford, and must express it in his words, I am still the same in mine opinions and affections 
●… Dig●… Speech ●…e House. ●… Com●…s, 21. ●…l, 1641  to the Earl; I confidently believe him (them) the most dangerous Minister of State, the most unsupportable to free subjects that can be Charactered; I believe his (their) Practices in themselves as high as ever Subject ventured on; I believe him (them) the grand Apostate to the Commonwealth, who must not expect to be pardoned it, in this, till dispatched into another World; And yet let me tell you Sir, my hand must not be to that dispatch; I protest as my Conscience stands informed, I had rather it were of.  
Verily Sir, though these men's Crime is more obvious and notorious, (I humbly conceive) the reasons which supersede their Execution, are more weighty than were or could be by any pleaded in the Case of that Honourable Person, whose quality and singularity, with the Popular outcry, might (had his Conviction been just and clear) have necessitated his Execution, who had no security for his Life save his Prince's favour; whilst our condemned Prisoners cling close to the Faith and Honour of their Sovereign, to keep them from the Gallows; which Sir, I must (in sobriety and plainness) tell you (if right reason must direct their Execution) will prevent their being turned of the Ladder, though they were tied up to the tree; and 'cause them to be led back to Prison, to be otherwise disposed at his Majestis pleasure. But to come to the pinch of the Case, and Crisis of the Querie.  
I read Sir in Justins' History, the Medes (the Empire not yet obtained) 
Lib. 4. ●…  made certain Cities tributary, and conceded to them Immunities and Liberties, larger than the Empire would allow; which once possessed, it was disputed, Whether in Justice and Honour the former indulged Privileges must be maintained? to resolve which, this rule was dictated, Spectandum est, a in Conventione fidem Medorum elegissent. It is to be considered, Whether they chose, confided in the Faith of the Medes.  
Sir, the Public Faith of any People and Nation is the most sacred and inviolable Security that can be given; as the only Bond of human Society, in so much that the Chosen, confided in sense thereof, beyond the intent of the persons plighting, or the strict constructions of the Words, must be maintained and oblige; as is evident in the case of the Gibeonites, on which a late Prelate of our Church doth Comment; Joshua might have taken advantage of their own words, & have said, 
Bishop●… Contemplations, Page 91●… Grotius ●… jure Bell●… Paeis. L●… 2. Cap. 1●… Page 22▪  you are come from a far Country, these Cities are near, these are not therefore the People to whom we are engaged; Israel had put in a direct Caveat against Vicinity; Joshuah's heart was far from making a League with a Canaanite: Yet were these Gibeonites (condemned in the directions given by God concerning the Canaanites) secured as to their Lives; though not other Concernments and their Execution 300 years after by the authority of King Saul, judged a perfidious murder, avenged by the Lord, and only expiated by the blood of the Executioners posterity.  
If Sir, these have on any probable ground Chosen, confided in the Faith and Honour of our King and Kingdom; yet (whatsoever I have said in the heat of revenge) I cannot but (in cool blood) commend the deliberation of his Majesty and the Parliament, in the weighty matters of men's Lives, and confess, Secundae cogitationes sunt meliores.  
For Sir, being put (by your Command) to consider these Traitor's claim, I am constrained to conclude for, and not against their Lives; of which they must needs be judged unworthy.  
The ground of these men's claim as to the security of their Lives, is the Proclamation of his Majesty the sixth of June, 1660. by advice of the Lords and Commons than in Parliament assembled, the tenor whereof is thus.  
Whereas Owen Roe, Augustine Garland, Robert Tichbourne, etc. being deeply guilty of that most detestable and bloody Treason, in sitting upon, and giving Judgement against the Life of our Royal Father; and out of a sense of their own guilt, have lately fled and obscured themselves, whereby they cannot be apprehended and brought to a personal Trial for their said Treasons, according to Law. We do therefore by the advice of our Lords and Commons in Parliament assembled, Command, Publish and Declare, by this our Proclamation, That all and every the persons before named, shall within fourteen days next after the publishing of this our Royal Proclamation, personally appear, and tender themselves to our Speaker, etc. UNDER PAIN OF BEING EXCEPTED FROM ANY PARDON OR INDEMNITY, BOTH FOR THEIR RESPECTIVE LIVES AND ESTATES.  
To this Proclamation these men have Conformed, and within the time limited, according to the directions given, they rendered themselves to Trial; Confiding in the Faith and Honour of the King on the advice of his Lords and Commons assembled in Parliament, as their security to escape the penalty, so as not to be excepted from all Pardon; but that their Estates being taken, their Lives (being the all left them, and liable to Execution) they doubt not, the Grace of this Proclamation intended to preserve, to run out their course in Nature.  
It must Sir, be granted, this Proclamation containeth no positive express terms, which might fully speak the intention of his Majesty, and his Parliament, toward the Lives of these Miscreants, and give an absolute indisputable security for them; nor indeed is this the Question; for this granted, voideth not their claim; which is only this, Fidem Anglorum in conventione Elegimus, we chose, confided in England's Faith, in the Proclamation of the King on advice of Parliament. 
●…tius de ●…e belli & ●…s lib. 2. ●… 13. pag. ●…. cap. 16. ●…. 251.   
Sir, all Civilians determine, the words of any Covenant to bind in that sense which they understand and believe who are in them concerned, and to whom the security is by them engaged; otherwise ambiguous terms would fallaciously voided all Covenants; and truly all human security, this (as I have before noted) was the case of the Gibeonites, beyond the intention and seeming expressions of Joshua and his Princes.  
Sir, resolving myself into their Condition, to give a faithful and impartial Judgement (without passion or prejudice) on these men's claim; I humbly conceive there are many considerable things, which concur and constitute this Royal Proclamation a full Moral security for their Lives, viz.  
First, the Proclamation is penned in a stile of Clemency, and the words bear to these men a most favourable Aspect, being varied from the expressions usual in a mere summons to Judgement. For  
1. It complains they were fled, obscured themselves, whereby they could not be apprehended and brought to a Personal and Legal Trial; (not that they had escaped from Justice, the proper Plaint of a mere Summons) as if their Conviction and Condemnation were all intended, whereupon they are required to appear and tender themselves to Trial (not to Justice) for this Proclamation can expect no answer beyond what it chargeth.  
2. The Proclamation is Sub paenâ, under pain of being excepted from Pardon, saith the Title; any Pardon both for Life and Estate, saith the Body of it; with terms of discrimination, implying the one being accepted, the other might be avoided on due personal appearance. Seeing to be drawn, hanged, and quartered, was the due pain assigned by the Law for their Offence and Treason, exception from Pardon was a new pain, on the new Offence of their Latency and Escape from Trial, which if it imply not an immunity on their appearance, I must confess I am to seek what it signifieth, or intended to express; and the Speech of King and Parliament must not be (vox & preterea nihil,) insignificant.  
Sir, so rational is this ground of Claim, made by these Condemned persons, that the whole Parliament have on serious and mature debates (without once hearing these Delinquents Pleas) in a full formal Act of Parliament declared, That there were some conceived doubtful 
Act of demnity pag. 32  words in the said Proclamation; upon which the Persons who rendered themselves, and appeared according as was directed, did pretend to some Favour: Now Sir, who knoweth not that the doubtful terms of any Law must be expounded in favour to the Delinquent, Favores sunt ampliandi.  
Sir, the terms in this Proclamation propound a new pain, on a new offence, corrigible within 14 days; and plainly imply some Favour, and an immunity from, and avoidancy of the pain; but to have their Lives spared, is the lest of Favours which can be employed, expected or pretended unto, by the conceived doubtful words, which bear a favourable sound and Aspect, and so clearly engage a public Faith for the security of their miserable Life.  
Secondly, Lex currit cum praxi, the Concomitants of this, Proclamation make the public Faith a security for these men's Lives much more legible, by spelling and putting together these several Observations.  
1. His Majesty's Royal Declaration (in the time of his unjust Exile) ever excepted out of the general Pardon by him graciously offered, only some few (not all) of the chief Authors (not secondary 
●…laration ●… Dum●…linge 16 ●…g. 1650.  Instruments) of the Murder of his Royal Father; importing grace to be extended to others under the same strict and general Gild; and to whom if not to these?  
2. These few were referred to the Exception of Parliament; yea 
●…laration ●… Breda ●… April ●…0.  of that adopted Parliament, in respect of which these men are denominated the Parliaments Prisoners; concerning whom I have been informed his Majesty would never yet order one particular Circumstance.  
3. The Commons in this Parliament, with His Majesty's knowledge and consent (as it hath been reported) did Vote seven and no more of the men of this capacity, to be wholly excepted from Mercy, both to Life and Estate.  
4. Considering many did obscure themselves, so as that their Conviction ( as to the Justice and Honour of the Nation) could not be effected, the Lords and Commons advised, and on their advice his Majesty published this Proclamation for their personal appearance to Trial only, and that on pain of being excepted from any Pardon, (the business than under Consideration of Parliament) they having in their hands such chief Authors of the King's death, who were most obnoxious to Gild, and proper Objects for severity of Justice.  
5. These persons than Latent, securing their own Lives, hearing of this Proclamation, did, (notwithstanding the sense of the Vulgar, that appearance would secure their Lives,) demur to their appearance; until their Friends, (assured by many Honourable Members of Parliament, who best understood the Proclamation) advised, that Indemnity to Life was intended to such as should appear as was directed; in confidence whereof (waving other means for their preservation, within their own power) they appeared, rendered themselves in time and manner advised; putting their Lives under the protection of the public Faith, the most certain security which could be imagined.  
6. John Dixwell, and some others of this Confederacy, uncapable by sickness, or late intelligence, of appearing within the time limited, petitioned the Parliament for some few days more, in which to appear; but the grace of this Proclamation was denied to be extended one day longer, which sure was some grace, to such as in time conformed to it.  
7. The House of Commons (Principally concerned, Chief and first Advisers of this Gracious Proclamation) having determined the number of Persons to be made Examples of Dread, and undergo the utmost of the Law, Engrossed, Passed, and Transmitted to the Lords, the Bill for Indemnity with a full and Express pardon as to these men's Lives; to which the Lords demurred, yet the Commons in three several conferences, asserted the Public faith and honour engaged by this Proclamation; which was accutely and solidly argued by Sir Heneag Finch his Majesty's Solicitor General, and Sir William Wild Recorder of London, and other Honourable Members managing that Conference;) and being resolved never to break the same, and thereby suggest to the World, the Proclamation was advised as a plausible (not to say Perfidious) duckoy to flying birds: at last yielded to pass the Act, with a proviso, They not to be Executed when Condemned, without an Act of Parliament or Bill to be passed for that purpose; which they resolved should never be by that Parliament, and it was more than probable, would never be by another; simple Execution being too odious for their debates, and determinations, and the security by the Proclamation given, being by these debates made so legible, that all men might Run and Read, These men could not suffer without high scandal, if not open violence, unto the Public faith of the Kingdom.  
8. Every of these men well documented (by the Parliaments debates and Declaration in the Act of Indemnity) did on their arraignment, Convict themselves, and in open Court pled the Proclamation, (as the benefit of Clergy) which was admitted; and so far declared by Sir Orlando Bridgman Lord Chief Justice in that Commission; that the spectators (most fit and proper Expositors in all Judicial proceed, which hath ever caused Courts of Judicature to be open) did understand, and conclude, though these men were Condemned, yet their lives were secured unto them.  
If Sir, these eight Considerations being put together, do not spell this Octo Sillabon, PUBLIQUE-FAITH-SECURING-THEIR-LIVES, as a thing legible to them and all sober men resolved into their case, to be rationally chosen, concluded and confided in, I must go again to School to learn my A. B. C. and will advice Baxter, Goffe., Whaley and others, not trusting to the Proclamation, but securing their own lives, to writ over every Gate, under every Quarter of these men, when executed, CREDULOUS FOOLS: And Dixwel and his fellow Petitioners to writ over the door of the House of Commons, who admitted not their surrendering themselves BLESSED SEVERITY: The Condition of these men by confidence of grace, b●ing rendered worse than theirs that fled from it.  
But some Zealous and Royal hearts, grudging the lest grace to such Regicides, will object (that with which I have this long time passionately deceived myself and others) and say, Sir, you discourse of the nature of a Covenant, and pled for these Miscreants lives, as if his Majesty and the Parliament had passed with them a formal and positive contract; whereas the Proclamation is a bore summons for such (who in conscience of their guilt) were fled, and obscured, that they appear and abide the Trial of the Law, which was their duty, without being directed by this Proclamation. To such I crave leave to answer, I grant the Proclamation is a Summons to what was duty without it, nor can they deny it is Subpoena which must necessarily imply a Condition whereby the Pain may be voided, otherwise it is in vain expressed.  
Sir, Civilians tell us of a Pactum vetans a Covenant of Prohibition 
Grotius de jure bell. & pa. lib 2. cap. 16.  used in human society, and declare pactum vetans magis vincit jubentem, quam positive jubens; it more strongly obligeth the Superior, than a positive precept; All Summons is a Covenant of this nature, and therefore most sacred and inviolable; So as that a Cessation from the thing forbidden, must necessarily voided the penalty. Nature teacheth the Mother, with a rod in her hand, to call in the wild wanton child, on pain of being whipped, if overtaken and fetched in; The Child confiding in her words, returneth with speed and escapeth the corrction; the General to summon a Garrison to be yielded within 24. hours, on pain of burning to the Town, and slaughter to every man; They yield to the Summons, and are saved: Our Law directs a Proclamation on pain of an Outlaw, the defendant appeareth and hath liberty of plea. His late Majesty (as do all Princes in like case) summoned such as followed the Earl of 
Proclamation from York, Aug. 9 1642.  Ess●x to lay down their Arms, and repair to their houses within six days, on pain of being judged Rebels and Traitors; some accordingly returned and avoided the penalty; in these and the like cases the penalty could not be inflicted without barbarous breach of faith and high dishonour.  
The nature, usage, and obligation of A pactum vetans, is commended by many examples in Holy Writ, as Joabs' Summons of the City of Abel to tender rebellious Sheba to Justice, on pain of being sacked: And Solomon's confinement of Abiathar to his City Anathoth, and Shimey to his house on pain of Death; Abel did escape by the head of Sheba, nor had Shimey died if he had kept within his bounds as did Abiathar.  
This Proclamation is a summons of duty but sub poena; and so a Covenant though vetans, to the future latency of these men; the nature of the pain is their advantage; had it been (what is usual in cases of this nature) a Summons to appear on pain of being concluded guilty, and to suffer without mercy; their appearance had secured to them a due and fair trial, in which to pled for their lives; but the pain of being excepted from pardon both for life and estate must needs secure them the one; otherwise what is the pain to be avoided by obedience to the prohibition?  
This pactum vetans is so natural to men, so suitable to Sovereign Majesty, a security so sacred and inviolably obliging in human society, that God himself maketh it his first transaction with his creature man; In the day thou eatest thereof thou shalt die the death, was the form and tenure of the first Covenant; Will any man deny the same to assure life on the condition of the prescribed abstinency from the forbidden fruit?  
Civilians tender three (I shall make them four) reason's why a pactum vetans, a Covenant of prohibition should more firmly oblige the prescriber, than a positive precept, and more express Covenant; every of these reasons concur in our Traitor's case, to Corroborated their claim:  
1. The matter thereby prohibited is special, not general, 
Cicero lib. 2. Grotius de jure bell. & pac. pag. 262.  [obscure not yourselves from a legal Trial] and their rule is, peculiar & quod ad rem propius accedit, magis obligat quam generale, what is special, and cometh nearest the matter, doth more bind, than what is general and more remote.  
2. The time in such Covenants is limited, which being slipped, they may sit down and sing that Cyrene song, Front capillata post est occasio calva, O that we had known in that our day the things which concerned our peace, but are now hid from our eyes. [appear and tender yourselves within fourteen day's] Hence Dixwell and his fellow Petitioners, could not procure one day, to the grace exhibited in the Proclamation; the rule is quod faciendum est certo tempore, magis obligat quam quod quovis tempore fieri potest; what is to be done in a certain time, bindeth more than what is to be done at any time.  
3. This kind of Covenant usually passeth sub poena; implying immunity and escape; [on pain of being excepted from any pardon both for life and estate] the rule is (quod poenam adjunctam habet, magis obligat quam quod poena vacat) a prohibition with penalty binds more than that without; they could be but drawn out of their Dens to Tyburn, if they had not appeared according to the Proclamation.  
4. The condition of the pactum vetans is prescribed, not capitulated, imposed by Majesty and Authority, condescending to mitigate severity, and release rigour; leaving the liberum arbitrium of the men concerned, to this bore choice, Come and appear within fourteen days, or be excepted from any pardon both for life and estate: (more than which cannot befall those that are fled, and refused to appear) and this rule cannot be denied authoritate praescripta, magis obligant quam capitulata; terms imposed by authority do more strictly bind; than terms capitulated upon a fair and equal Treaty.  
Sir, on the serious consideration of these men's claim, I see not how it can be denied, they have the public faith of the Kingdom engaged for their lives; the violation whereof must be greatly dishonourable to the King and Parliament; yea, though by a Bill to be passed for their execution; which I humbly conceive is below a Parliament; who may (with more justice and honour) by their Legislative power, on politic and prudent grounds, take away the life of one whom the Law cannot Convict and Condemn, than direct the execution of them over whom the Law had full power, until barred by the force of public faith, Rationally claimed to supersede this last Act.  
To pretend they were not a Parliament (who gave this security) according to the strictness of our Law, and Nations Constitution, will not make an objection of any strength: For  
1. The question is not about an ordinary process in our Law; but a transaction purely determinable by the Civil Law; the rules of Common justice and honour among men.  
2. They were a full and free Convention, and Collective body of the Kingdom, capable to represent the Nation, and engage the faith thereof, though convened by a defective erroneous Writ, through the necessity of the times, and estate of the Kingdom.  
3. They were the first free Parliament, the fruit of all the Convultions and Commotions occasioned by our desired liberty, and we were to be ruled, and in all cases resolved by our own reasons, declared by representatives of our own choice.  
4. They were His Majesty's Parliament, convened for his sake, to his happy and honourable return; (by which our Land hath been revived) legitimated by his adoption, annimated by his presence, and corroborated by his concurrence; pardon being the eminent and undisputable prerogative of his Imperial Crown; whose Royal Faith hereby engaged, inviolably secureth some grace to these poor wretches.  
These things do evidence that Parliament to have been sufficiently capacitated to give an assurance by public faith; which cannot be avoided by defect of a punctilio, or circumstance peculiar to our Law; but doth so strengthen these Prisoners Gates and Barrs, that I cannot but profess, I see not how they can ever be drawn to execution, without drawing the guilt and disgrace of cruelty, revenge and perfidy on a Faith-keeping Prince and Parliament, though by a Bill to be passed for that purpose.  
Honoured Sir, Did these Traitors want this claim, or their claim want reason, yet common prudence, and the honour of His Majesty's Clemency now seemeth to me to be a considerable supersedeas to the execution of them: For Sir,  
1. The splendour of His Majesty's Clemency (the ●●esse say the Grecians, the honour of a Just man say the Romans) being much clouded by the Universality of the Object (many singulars thinking they needed no Act of Grace, and some resolved against an Act of Oblivion) doth sparkle with such Orient brightness, by the superseding the execution 
●…stum●…le ●…uia d●…●….  of these Defamed, Convicted, Condemned Individuals: it hereby existing in its full proportion and very formality, (which Favorin● thus defines 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And Grotius doth thus Translateth, ●ea quae di itur clementia apud homines est 
●…e jure l. & pa●…, lib ●…. 〈◊〉 20 ●…g 307.  te●pest●ca relaxatio summi juris, and I must English, Clemency is to save the life of a Malefactor tied up to the Gallows) that I cannot desire to see it darkened by such an Act as revenge may justly provoke, but the vulgar judging by sense will not discern.  
2. The quality of these persons, and their present Estate doth abate the fury conceived against them, they seem to be so weak in their Naturals, that their being Parliament men (which lead them into temptation) may be almost judged their greatest Crime; they appear too simple to have been first Imaginers of that Horrid Regicide, or Agitators of that High Court (or to use his Majesty's phrase) chief A●●●●●s of that Murder: And than Sir, they are not the intended objects of the declared expectation from his Royal Grace and pardon; I cannot without smiling, remember how the poor men's Consciences were troubled at the Terms, Traitorously maliciously, in their Indictment, (on which the Solicitor did accutely gloss; My Lord, they think they might Sentence the King to Death, Meekly, Innocently, Charitably and Honestly) which certainly did so far bespeak their simplicity; that had our Law allowed Accessaries in Treason, Judge and Jury would have saved them by their Clergy: How tremblingly did they beg to wave their Plea, (as if run into a praemunire, by pleading not guilty) that they might confess and be hanged, without this grace interposed? no doubt the Court was well pleased with their Profound Apologies; one pleading, I was young, in Infancy, eating sour Grapes, not knowing they would set mine much lesle my Childrens teeth on edge, Another, I withstood, gainsaid that wicked Sentence▪ yet was simply drawn in to Sign and Seal the same; A third, I looked but over the Hedge, I appeared once and again, among, and as a Member of that wicked P●●k with an intent to prevent their Mischief, against which I got an Assembly man to pray with me. Yet Sir, Are these weak men condemned, attainted in Blood, their estate confiscate, and by spending their miserable lives in Prison, as it were hanged in Chains, as mee● loving Monuments, of God and the King's Justice (which hath already swallowed up the Capital Offenders) and more lasting Spectacles of Dread to future Regicides, than their withering Quarters are capable of; being a lively Comment on Psal. 59 vers. 11. Slay not them, lest my people forget it. For my part, I think Justice is not more orient by that restraint of Clemency, sparing to those men that little which is dearest to them; than by the merciful reserve of such dreadful Spectacles for men to behold and consider; insomuch that I could almost envy their very nature, and death itself, which ere long will remove them from a piece of pity, so prudently severe.  
3. The end of punishment must be Caution, not Revenge; Excellent 
Sen. de Clemen. chap. 1●….  is the saying of Plato, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: and again, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  
Which the serious Seneca thus rendereth, Nemo prudens punit quia peccatum est, sed ne peccatur; revocari enim praeterita non possent, futura prohibentur; and again, ne homini quidem noce●im●● quia peccavit, sed ne peccet, nec unquam ad praeterittum, sed ad futurum referetur poena; non evim ira scitur sed cavet. The God of Justice hath prescribed punishment, that others might hear and fear, and do not more so wickedly; so far as the Execution of the same looketh back, it is revenge, and only punishment by looking forward, at this end it must be levelled, and accordingly squared; poena ad paucos, metus ad omnes, is a rule directing all Executions; Justice is ordinarily satisfied by the Execution of a few chief Offenders; the cutting of the Multitude under the same guilt, is over Sanguinary and revengeful; Martial Law alloweth equal Mutineers in an Army, the chance of a Dices on a Drum Head, for the single Example of their Mutiny. Prudent Princes ever proclaimed their Justice by the Execution of a few of the many Condemned Malefactors; Shebas Head was judged a sufficient Sacrifice for the many Rebels he had seduced. Our King Henry the seventh made his Justice Triumph more in Lambert Symnels turning his spit; and 
Speeds Hist.  Perkin Warbeck looking through the Iron Grates, than by the turning the one or the other over the Ladder, though both were Counterfeit Pretenders to the Crown, unto bloody and dangerous Rebellions: His late Marryred Majesty charged his Son should not Revenge (whilst he could not but punish) his Death; and his Majesty as obedient to the Charge, declared to except from all pardon, some few chief Authors of that Murder, the which the Commons first computed to be seven ●● a sufficient number.  
Sir, These things considered, were not the Faith and Honour of this Kingdom engaged to secure the Lives of these Condemned Persons; I could not but adore his Majesty's Clemency in their thus long reprieve, which I now desire may continued; being convinced that such who shall provoke our David, to cut of these Shimois (most wisely confined to their proper places) will be found Abishas, sons of Zerviah, too hard for him, and Adversaries to him; who hereby maketh all the world to know he is King in England, graciously holding the sword of Justice which justly hangs over, from falling on the neck of these Regicides.  
Sir, pardon my plainness and prolixity in this rude Discourse, for which if I be called to the Bar of the House, for intermeddling with the A●●anae Imperii, I must pled your Command as my Commission, and expect your defence of  
August 20. 1661. Your most Humble and Obliged Servant, Philopater Philoroy.  
FINIS.