THE HIGH court OF JUSTICE. OR Cromwell's New Slaughter-house in ENGLAND. With the authority that constituted and ordained it, Arraigned, Convicted, and Condemned; for Usurpation, Treason, tyranny, Theft, and Murder. Being the III. Part of the history of independency: written by the same Author.  
Printed Anno Dom. 1651.   

The History of independency.  
THat every thing is kept and maintained by the same ways and means it was got and obtained; 
Vnumquodque conservatur eodem modo quo fit.  is a rule true both in Philosophy and Policy. And therefore Dominion gotten by fraud and force, must by fraud and force be preserved. Things impiously got, must be impiously kept. When usurped tyranny lays its foundation in blood, the whole Superstruction must be built with mortar tempered with blood. One Sin must defend and make good another. And hence ariseth a Necessity upon Ambitious men to flank and fortify one Crime with another. But to plead this Necessity, which they have so wilfully drawn upon themselves, in justification of their wicked Courses, To expect submission, Obedience and an equal Engagement from men uninterressed therein, and to entitle the Divine Providence and unrevealed will of God thereto (in opposition to his will revealed and declared in the Scriptures, as is now a days used) is to accuse the Holy Ghost of our sins, and an hypocrisy so impudently sinful and damnable, that I doubt no age but this, (the Dregs and lees of time) ever gave an example of the like.  
TO illustrate my first maxim by some foreign Examples (before I lay the Bastard at our own doors) Sylla at Rome, by the power of the Sword, proclaimed (or voted) himself Dictator: to make good which usurpation with a mask of Authority, he compelled the Senate (or Parliament) to approve of all his fore-passed villainies, Murders and illegal acts, and to confer a power upon him; To kill whom he pleased and confiscate their Estates; To build and destroy Cities; Dispose kingdoms; And exercise an Arbitrary, Supreme Authority, and then (to establish himself in his self-created power) he posted up as Rome, and in most Cities of Italy, Bills of Proscription, or Outlawry, containing the names of such persons, as (without any form of law, or Justice) he appointed to be slain by his soldiers. These Proscribed men were (for the most part) such as having some sparks of Roman virtue in them, durst love the ancient Government, laws and Liberties of Rome, and were therefore thought fit to be weeded out, as Malignants against his Innovations and Arbitrary courses. Yet many mean spirited fellows, were proscribed and murdered, partly for confiscation of their Estates, and partly to gratify the Malice and hatred of particular friends who (in that carriage) prayed in aid of Sulla's sword to rid them of their Enemies.  
After this Augustus Caesar at Rome, having by terror of Arms made himself Consul, and finding himself not strong enough fingly to subjugate his Country, he called Antonius & Lepidus' to join with him, with whom entering into confederacy to subvert the Fundamental Government, and usurp the Supreme Authority, They divide that vast Empire between them, and passed a Decree amongst themselves; That they should be called the Triumvirate for Reforming and re-establishing the commonwealth (well enough before if they had let it alone) with Supreme Authority to give Estates and Offices to whom they thought fit; without asking the advice of Senate or People. They appointed what Consuls, Magistrates and Officers they pleased: They designed rich donatives, and 18 of the chief Cities of Italy to be given to their soldiers, if, by their valour, they should obtain victory over Brutus and Cassius, They fixed public lists or Tables of Proscription, naming such Persons as they exposed to slaughter. They Proscribed at one time 130 Senators, at another time 150 and 2000 Knights. Whereby the best men for understanding, conduct Resolution and Affection being cut off, the rest (terrified by their example) became but Terra Maledicta (as Chymickes call it) dull lifeless Ashes or clods of earth, without power or virtue to quicken them, or make them productive. After some revolutions wherein Augustus and Antonius had discarded the dull and stupid Lepidus', and (at last) Augustus had subdued Antonius: Augustus usurped the Title of Tribune of the people, whereby his Person became sacred and inviolable; and (humouring the irrational Animals) took upon him the especial Protection of that Brutish heard, the rascal multitude, The Tribunes of the People having been originally instituted to protect the People. His next step was to make himself Perpetual Dictator, whereby he arrogated to himself a vast, unlimited power above all Laws. The Tribuneship was his Buckler, The Dictatorship was his Sword. And last of all (for Ornament only) He having already the full power of an absolute Monarch (although he forbore the Title of (King) because it was hateful to the People and against the Laws ever since the Regifugium) he took upon him the Title of Princeps Senatus, or precedent of the Senate; to keep a corresponding power over that great counsel or Parliament: And finally usurped the Title and Office of Imperator or Generalissimo of all forces by Land and Sea, Garrisons, &c.  
Philippe King of Spain Lord of the 17 Belgike Provinces by several Titles, and under several Limitations, privileges, Exemptions and fundamental Laws according to which he was to govern and they to obey: 
In novum regnum vi armisque partum redigere, atque aliis Novis legibus domanere ac guginare Beberum. Meteran. in anno 1567. Roidan. in anno 1566. John Frances Petit. Thuanus.  Resolving to subvert the fundamental laws and Government and reduce those 17 Petty Signiories into one mere, absolute Monarchy; sent the Duke D'Alva thither (a warrior of a resolute, stern nature) governor with a powerful Army. Who taking advantage of some rude commotions formerly raised by the Protestants in throwing down Images and sacrilegiously plundering Churches, erected a New tribunal criminal, or (to speak in our modern, uncowth language) A High Court of Justice, consisting of 12 Commissioners or Judges purposely chosen, most of them hangers by of the Law, of mean fortunes, practice, birth and breeding; Covetous, Ambitious and slavishly addicted to the Spanish faction. To these was given by special Commission full power and Authority to inquire into, and judge (or to hear and determine) the forepassed commotions, whereupon they styled this Court, Concilium Turbarum, but the multitude called it Concilium Sanguinis; or the bloody Conventicle. This Counsel or Inquisition did supersede and extingnish the Authority of all other Courts of judicature, and make void all laws, Constitutions, Jurisdictions and privileges of the Nation, as to the aforesaid commotions, and all other causes they pleased to call high Treason. They had no other bounds, nor limit i● their proceedings, than what they prefixed to themselves, in certain Articles. Some few whereof I will here present unto my Reader, because they judged of high Treason by those Articles, not by the known Laws of the Land (a thing very observable and applicable to my purpose) so that they were not only Judges, Leges dicere: but also lawmakers, Leges dare: as all Judges are who take upon them a liberty to observe no set forms of proceedings: but at their own pleasure.  
1. ARTICLE. 
Petitioning against Innovations in Government, and for the known Laws made Treason, the like the Parliament Practiseth against such as Petitioned for Peace by accommodation. And against our High Court of Justice, Arbitrary Imprisonments and Taxes.  All Petitions heretofore tendered to the States, or Cities Corporate against the erecting of New episcopal Sees; or against the Holy Inquisition; or requiring a Moderation of Decrees or Acts of State or Parliament, are accounted mere Conspiracies against God and the King.  
2. ARTICLE. All Nobles, Gentry, Judges, Magistrates, and all others who connived at heretical Sermons, plundering of Churches, and delivering such Petitions as aforesaid, pretending the necessity of the times, and did not resist and oppose them.  
3. ART. 
We have forfeited our laws by Conquest or else our Grandees would not pass the two Acts for Treason 14 May. 17 July 1649. Nor erect the High Court of justice, and abolish out ancient Laws and Government. See Pol. 3. Oct. 1650. and the Case of the Kingdom stated.  Whosoever affirms, That all his majesty's Subjects of Belgia have not forfeited their ancient privileges, Immunities and laws for Treason: and that it is not lawful for the King to use and handle them for the aforesaid Treasons as he pleaseth, to prevent the like Treasons for the time to come, and that the King is not absolved thereby from all oaths, Promises, grants, Contracts and Obligations whatsoever.  
4. 
Compare this with the two Acts for New Treasons. 14. May. 17. July 1549. and the Act 26. March 1650. and Sr. Jo. Gell's case stated.  ART. They that affirm, This counsel or high Court of Justice to exercise tyranny in their Proceedings, or Judgements; and that they are not Supreme and competent Judges in all causes Criminal and Civil.  
5. 
Our High Court of Iust. exceeds all this. See Sr. J. Gell's case stated, Printed Aug. 1650.  ART. Those that in case of heresy deny, that all manner of Informers and witnesses of whatsoever Degree and condition they be, are to be credited: and that upon the Testimony of any two witnesses, this High Court ought to proceed to Judgement execution and conflication of life and goods, without publishing the cause or charge, and without any legal form of trial. All these are guilty of high Treason against God and the King.  
The rigour, Cruelty and Injustice of this New erected counsel of blood, or High Court of Justice, enforced the low Countries to revolt and cast off the King of Spain.  
LEt us now examine whether in some one little Province or Island belonging to that vast Roman Empire; and in some mean, petty fellows, (Natives of that Island) men even at home of obscure birth, breeding and fortunes; we can not find examples of Ambition, usurpation and tyranny, as high and transcendent, as bloody and destructive; as covetous and greedy; as any of the forecited precedents? And (which is worst of all) carried on by those that call themselves Christians; nay, Saints (which is more than they vouchsafe to Saint Peter and the rest of the Apostles, though glorified Saints in the Church Triumphant) and such as in all their bloody, oppressing, cheating designs, (promoted by perjury, Treachery, breach of Faith, Oaths and public Declarations) pretend to the singular favour, Providence and will of heaven as confidently, as if they could show God's special commission, to warrant Usurpation, Treason, Tyranny and Thievery.  
It is not unknown by what Artifices, frauds, falsified promises, Oaths and covenants, a party of Antimonarchists, schismatics and Anabaptists lurking in the Parliament fooled the People to contribute their blood and money towards the subduing of the King (and in him, of themselves) and how by the same ways and subtleties the said Party in the two Houses (now combined openly, under the general Title of Independents) engaging and conspiring with the Officers of the Army and soldiery expelled by armed force seven parts of eight of the House of Commons, leaving not above 43 or 44 of their own engaged Party sitting, men enriched with public spoils) and voting under the power of the Armies commanders, whose commands are now become a law to the said sitting Members, as their Votes are become Laws to the kingdom. In Obedience to their said Masters of the Army, The said Remainder of Commons voted down the House of Lords, (though an integral and principal Member of the Parliament of England, far ancienter than the House of Commons, and having a power of Judicature and to administer an Oath, (which the House of Commons, never had nor pretended to have, until this time that they overflow their Bounds and the whole kingdoms, under the protection of their Army,) which prerogative of the House of Lords is clearly demonstrated by the House of Commons standing bare before them at all conserences, as the Grand Enquest doth before the Judges) because they rejected the Ordinance for trial of the King. And now these Dregs and Lees of the House of Commons, take upon them to be a complete Parliament: To enact and repeal Statutes, to subvert the fundamental Government, Laws, and Liberties of the Land: To pull up by the Roots without legal proceedings) every man's private property and possession, and destroy his life. To burden the people with unsupportable, unheard of, unparliamentary Taxes, Impositions, Excise, Freequarter, buying of New Arms after the country have been disarmed of their old Arms three times in one year; 
In their Tax Rolls, they usually set in the margin to every name private notes of distinction. An M. an N or P. The letter M. stands for Malignant; he that is so branded, is highly taxed, and his complaints for redress slighted, N. stands for a Neuter he is more indifferently rated and, upon cause shown, may chan●e to be relieved. The letter P. signifies a perfect Parliamentarian. He is so favourably taxed, as he bears an inconsiderable part of the burden, and that they may the better consume with Taxes and want, all such as do not concur with them in the height of their villainies. The pretended Harliament, are now debating to raise the monthly Tax to 240000. lib or to deprive every man of the third part of his Estate, both real and personal, for maintenance of their immortal wars, and short lived commonwealth. Besides Excise, customs, Tonnage and Poundage, Freequarter, finding Arms and Horses; and the sale of Corporation Lands now in agitation. Whilst our Grandees enrich all the Banks of Christendom with vast summer raised by public theft and Rapines.  Pressings and Levying of soldiers, Sequestrations, Plundering of Houses and Horse, and many other oppressions; more than the Turk, Russe or Tarter ever heard of: of all which our Grandees are free, and lay them upon others as partially as they please, purposely to consume them. To make Religion but a stalking horse to their designs, and the Ministers thereof but ostlers, to rub down, curry and dress it for their riding: to whom they send Commands; what they shall, and shall not preach to the people; as if preaching were the Ordinance of man, not of God. At last by way of preparative to their machinanations, they pass these following votes.  
1. That all Supreme power is in the people.  
2. That the Supreme Authority under them, is in the people's Representatives, or delegates in Parliament assembled. Meaning themselves, (you may be sure) the Quintessence and elixir of the House of Commons, extracted by those learned Chimicks, doctor Fairfax, doctor Cromwell, and the rest, graduated at that degraded University of Oxford. Here note they voted the Supreme power to be in the people, that they might use those gulls, as Conduit Pipes or Trunks to convey the Supreme Authority into themselves, the better to enslave the people: And tickle them, whilst they fasten about their necks the Iron yoke of a Military Oligarchy, wearing the Mask of a perpetual Parliament.  
3. That whatsoever the Commons in Parliament shall enact, shall have the power and force of an Act of Parliament, or Law, without the consent of the House of Lords, or the King's Koyal Assent: any statute, law, custom or usage to the contrary notwithstandingr (they might have said all our statutes, laws, customs, &c. notwithstanding) This one vote hath more of Dissolution and more of usurpation and Innovation in it, than any I yet ever read of; This is universally Arbitrary, and lays the axe to the root of all our laws, Liberties, Lives and properties at once.  

What these men will, they vote:  
What they vote is Law;  
Therefore what they will is Law.   
4. That to wage war or bear Arms against the Representative body of the People or Parliament is high Treason. By the law all Treasons are committed against the King, his Crown and Dignity.  
5. That the King hath taken up arms against this Parliament, and is therefore guilty of all the blood shed this war, and should expiate those crimes with his blood. If the King were not guilty, these men are; And therefore they passed this Vote, Se defendendo. Yet observe that herein they became Judges in their own cause; and forejudged his Majesty before his Trial; if that may be called a trial, that was carried on by men, who were both Accusers, prosecutors, parties and Judges; and had neither law, President, formality of proceedings, nor any other foundation of Justice or Reason to warrant them, nor were delegated by any lawful Authority?  
These Votes thus passed, and by this kind of men, were the foundation upon which they built their great Engine to destroy the King and Kingly Government together with the Religion, Laws, Liberties, Lives and Properties of the people: all condemned in that deadly sentence given against the King) For having (as aforesaid) created (by their own Votes) themselves as absolute a power as they pleased and cast the people and all they have into that bottomless Chaos of their Arbitrary Domination; They erect an extrajudicial, unpresidented High Court of Justice to Try (or rather to condemn without trial) the King: Consisting of 150. Commissioners; soldiers, Parliament men, Trades men; the most violent, engaged and factious incendiaries of all the antimonarchical faction: Amongst whom were many low conditioned mechanics, and bankrupts, whose fortunes are since repaired out of the King's Estate, and other public Lands, Goods and Offices; as a reward for that royal blood they spilt. 
See Stat. Recognition 1. Iac. The Oaths of Allegegeance, Obededience and Supremacy and all our Law Books.  The King (the Fountain of Law, Justice, Mercy, Honour, War and Peace; The Head of the Parliament and Supreme governor over all persons, and in all causes) thus violently removed; presently (as if the Mounds and Banks of the Sea had been overturned) an impetuous innundation of bloody, thievish Tyranny and Oppression broke in udon us: So that no man can call his life, liberty, house, lands, goods or any other his Rights or franchises his own, longer than the gracious aspect of some of our Graundees, shine favourably upon him.  
In the next place: contrary to their own Declarations of the 9 Feb. and 17. March 1648. Wherein they promise that in all things concerning the lives, liberties, and properties of the people, they will observe the known laws of the Land, with all things incident thereto) They pass misbegotten Acts of Parliament one of the 14. 
This Stat. 25. Ed. III. e. 2. S. John's against Strafford calls the security of the people. And the Stat. 1. Hen 4. chap. 10. Ed. VI. Chap. 12. 1. Mariae J. ratify and highly commend.  of May, another of the 17. of July 1649. whereby) in derogation and annihilation of that excellent Stat. 25. Ed. III. Chap. 2. Ascertaining Treasons and reducing them to a small number, And leaving nothing to the interpretation of the Judges, that the people might not be ensnared) they exceeding by multiplying Treasons, bringing bare words as well as deeds within the compass of that offence: and making many duties to which the laws of God and the land, the Protestation and Covenant, the oaths of allegiance, obedience and Supremacy oblige us, to be high Treason, & these new acts of Treason penned in obscure, ambiguous terms purposely to leave a latitude of Interpretation in (their own creatures) the Judges; that the People may be ensnared.  
The King thus taken out of their way. They pass dretended Hcts. 
They have converted our ancient Monarchy into a Free-State; and tell us they are the strate. They tell us they have bestowed Liberty upon the People: but they and their petty faction only are the People. All the rest of the English Nation are annihilated, and reduced to nothing, that these fellows may become all things: mere ciphers, serving only to make them of more account. And this gross fallacy must not be disputed against, lest their New Acts of Parliament call it Treason.  1. To Disinherit his children. 2. To abolish Kingly Government for ever. 3. To convert our ancient well tempered Monarchy into that (which they call a commonwealth, or Free-State; although nothing be therein free, but their lusts: nor hath it any form or face of Civil and just Government; Wherein a confused Multitude rule by their own Wills, without Law: and for their own benefit; no consideration being had of the good and happiness of the People in general. 4. They Constitute a Senate or council of State of 40. men (amongst which some tradesmen, soldiers, illiterate Lawyers, Parliament Members, men already engaged over head and ears in sin, therefore to be confided in) to these or any nine of these they entrust the Administration of this Utopian commonwealth, and these they would have us believe (without telling us so) are the Keepers (or Gaolers) of the Liberties of England.  
These things being but Introductions to the Usurpation of these Kinglings: and having been already showed to the world by many pens. I content myself to give a cursory view of them: and hast to my intended task, to show that this Usurped power, is kept and administered, by as wicked and violent policies, as it was gotten by.  
The first endeavour of all tyrannical Usurpers is. To lessen the number of their Enemies; either by flattering and deceiving them: or by violently extirpating and rooting them out. And such have been the attempts of our new Cromwellian Statists, ever since (without any calling from God or the people) they take upon them the Supreme Authority of the Nation; subverted our well mixed Monarchy and created themselves a Free-State.  
1. 
1. A Collusive Accommodation.  They endeavoured to sweeten and allure to act with them, as many of the Secured and Secluded Members, Ministers and other Phesbyterians, as they could, to the end that ex post facto being guilty of their sins, they might be engaged in one common defence, and go halfs with them in their ignominy and punishment, though not in their power, profit and preferments: in which the Godly will admit no rivals, but (like their Patron the Devil) cry all's mine. But this Design failed for the most part.  
2. 
2. An intened Massacre  Their second endeavour was how to dimmish the number of their Opposites, Royalists and Presbyterians by a Massacre, for which purpose many Dark lanterns and poniards were provided last Winter, 1649. But same prevented this plot: which coming to be the Common rumour of the Town; put them in mind of the danger, infamy and hatred, that would overwhelm them. So this was laid aside.  
At last they invented two other engines, no less bloody then, and as effectual as a Massacre.  
3. 
3. The Engagement.  The Engagement is the first of these two Gins) which all persons are enjoined to subscribe by their Act ●. Jan. 1649. To be true to the commonwealth of England, as it is now established, without a King or House of peers. And this is obtruded under no less penalty, then; To be totally deprived of all Benefit of Law whatsoever. Now the Laws of the Land being the only Conservators of our lives, Liberties and Estates (without which laws all men have a like property to all things, and the strongest have right to all is possessed by the weaker; since the Law only distinguisheth Meum and Tuum) what is this but to expose the Liberties of the Non-Engagers to false Imprisonments; our Estates to rapine, spoil, and Injustice: and our Lives and Persons to wounds and Murders, at the will and pleasure of such as will engage with our Usurpers: but especially at the pleasure of their own soldiers: to whom (I conceive) this Outlawry was intended as an Alarm or Invitation to plunder and massacre the Non-engagers, and to pay themselves their Arrears of which these Parliament men have cozened them) out of their Estates, and though the soldiers were not so wicked as their Masters, Yet we daily see many good Families in England despoiled of their Estates, for want of protection of the laws, brought to miserable beggary, rather than they will wrong their consciences by subscribing this damnable Engagement contrary to the Protestation and Covenant imposed by this Parliament contrary to the known law of this land, which this Parliament hath declared to observe and keep in all things concerning the lives, liberties and properties of the people, with all things incident thereto; contrary to this Parliaments reiterated votes, that they would not change the Ancient Government, by a King, Lords and Commons. And contrary to the oaths of allegiance, Obedience and Supremacy: whereby (an by the Stat. of Recognition 1. Jac.) our allegiance is tied only to the King, his heirs and lawful Successers: from which no power on earth can absolve us; and so much we attest in the Oath of Supremacy. Politicus (Interpreter to our new State-Puppet play) Numb. 19 from Sept. 19 to Sept. 26. out of the dictates of his Masters tells us, that in Answer to the King's Act of oblivion granted, the Parliament intends to pass an Act of general pardon; for which they expect in future a general obedience & submission to the government: (you see though they will not be the King's subjects, they will be his Apes) and in the beginning of the said Pamphlet, Politicus saith; That Protection implies obedience, otherwise they may be handled as public Enemies and outlaws, and aught to be destroyed as Traitors. Here you have the end to which this general pardon is intended: it is but a shoeing-horn to draw on the utmost penalty upon Non-engagers, appointed by the said pretended Act 2. Ian. 1649. to weed them out of this good Land, that the Saints only may enjoy the earth and the fullness thereof; to which purpose all their new coined Acts and laws are directed. The Scripture points forth these kind of men, when it saith, The Mercies of the wicked are cruel. The sum of all is; If we will not acknowledge allegiance to these mushrooms, we shall be Traitors without allegiance (a Treason never yet heard of in any Law) If we will acknowledge allegiance, we put ourselves in a capacity to be Traitors, when they shall please to make us such. But let them know; That we are all Englishmen, freeborn alike, under the Protection of an ancient, legal Monarchy, to which we owe allegiance: and how we come to forfeit that legal Protection, our settled, laws and Government; and be subjected to a New, unknown Protection obtruded upon us by a Company of upstarts (Mushrooms of Majesty, so mean in birth and breeding (for the most part) that the place of a Constable equals the highest of their education) imposing what laws and conditions upon us they please; I would be glad to hear without being hindered by Guns, Drums, High Courts of justice and other Instruments of violence & Murder. But the greatest mystery in this cheat is, That our Self-created Supremists, having voted the original power to be in the people, and but a derivative Authority to be in themselves as the Representative of the people, should notwithstanding so yoke their sovereign Lord the people, and make them pay allegiance to their own Delegates (the 8. part of a House of Commons) under the penalty (unless they subscribe as the far major part have not) of outlawing and depriving all the people of this Land of all benefit of the laws they were born to; and consequently of annihilating and making them no longer a Nation or people. As if they were mere savages, newly conquered, collected and formed into a politic body or Commonwealth, and endowed with Laws newly invented by these Novice Statists. But the unlawfulness of the said Engagement with the Injustice of the Self-created power that obtrudeth it, hath been handled by many good pens: especially by the Cheshire and Lancashire Ministers in their Plea for Non-Subcribers. Therefore I pass on to my principal scope; The second Engine appointed to root out all such as are of a different Party, The High Court of justice. A formidable Monster, upon which no pen (that I know of) hath yet adventured.  
4. 
4. The High Court of justice.  In treating of the High Court of justice, I must consider. 1. By what Persons and Authority this new erected, unpresidented Court is constituted? 2. Of what Persons it is constituted? 3. The way and manner of their proceedings? What formalities and laws they observe therein? How suitable to the known Laws of the Land, and the Parliaments Declarations, Protestations and Covenant they are? 4. To what end this Court is constituted?  
1. The Persons constituting this extrajudicial Court are the present, pretended Parliament, consisting of 40 or 50 thriving Commons only, who conspired with Cromwell and the Army to expel 7. parts of 8. of their follow-Members, without any cause shown, abolished the House of Peers, erected this High Court of justice (in nature of a Court martial) to murder the King, abolished Kingly Government: Turned it into a thing they call a Free-State; disinherited the royal Family, and now usurp to themselves (without any calling from God or the People) more than a regal, legal or Parliamentary Authority, wherewith they have subverted the fundamental Government, Religion, Laws, Liberties and Property of the Nation, and envassallised & enslaved them to their Arbitrary Domination; the Authority by which they erect this extrajudicial Court is, The usurped, Legislative power: By colour of which they passed an Act dated 26. March 1650. establishing the said High Court of justice. Yet their own creature Master St. John's, in his Argument against the E. of Strafford, (in a Book called Speeches and Passages of this great & happy Parliament, printed by William Cook 1641. pag. 24.) saith, The Parliament is the Representative of the whole Kingdom, wherein the King as head, The Lords as the more Noble, & the Commons the other Members, are knit together as one body politic; The laws are the Arteries & Ligaments that hold the body together. (And a little after) Its Treason to embesell a judicial Record, Strafford swept them all away. It's Treason to counterfeit a 20s' piece; here is a counterfeiting of Law (so in these counterfeit new Acts) we can call neither the counterfeit nor true one our own. It's Treason to counterfeit the great seal for an acre of Land, no property hereby is left to any Land at all (no more is there by the votes & practice of our new Supremists (thus far Master St. John's. But that the Parliament doth necessarily consist of the King & the two Houses assembled by his Writ, & can pass no Act, without their joint consent: See the Praeambles of all our Statutes, all our Parliament Records, all our Law Books: Modus tenendi Parliamentum. Hackwell's manner of passing Bills. Sr. Tho. Smith de Repub. Anglorum. Cambdeni Britannia. All our Historians, politicians, and the uninterrupted practice of all Ages. That it is now, lately otherwise practised; is not by any Law of the Land, but by the will of lawless power and Rebellion, that hath canceled all our laws, Liberties and Properties, and subverted our fundamental Government, and disfranchised and disinherited the whole Nation. Yet Master St. John's in his said Argument against Strafford p. 38. was then of opinion: That to subvert the laws and Government, and make a Kingdom no Kingdom, was Treason at the Common Law. This Act 26. Mar. 1650, is a new modelled Commission of Oier and Terminer: And all the people of the Land, are by the consequence thereof disfranchised and proscribed. The illegality and tyranny thereof, they have introduced, who in this Parliament so zealously complained against the Court of the precedent & Counsel of York or of the North, as an intolerable grievance (notwithstanding it had been of as long continuance as from 31. H. 8,) as appears by a worthy Members speech or Argument against it (in the said Book of Speeches & Passages p. 409. made by order of the House of Commons in April 1649. I find not one Exception there made against the Court of York, to which this upstart high Court is not more liable than it. 1. The Commissioners of this high Court are not appointed to inquire, per Sacramentum proborum & legalium hominum, that is, by juries; as by Magna Charta, and above 30. Statutes confirming it, all Commissions ought to run. 2. They are not appointed (nor sworn) to hear & determine, Secundùm Leges Angliae, according to the known laws (as they ought to be) but according to certain Articles & powers given in the said Act 26. March 1650. 3. The said Act 26. March leaves a dangerous latitude to the interpretation and discretion of the Commissioners (contrary to what is done in the Act 25. Ed. 3. chap. 2.) namely; It hath one Clause enabling them to inflict upon Offenders such punishment, either by death or otherwise corporally, as the said Commissioners, or the major part of them present shall judge to appertain to Justice. This leaves it in the breasts of the Commissioners, (without any Law or rule to walk by) to inflict what torments and ignominious punishments they please, although not used in our Nation; and arbitrary corporal pains are proper to slaves; not to Subjects. Here (after the loss of all but their bodies) the people may see their bodies subject to the lawless wills of our Grandees. And by another clause, this Act impowreth the Commissioners, To examine witnesses upon oath, or otherwise, if need be. This word (or otherwise, &c.) gives them power to examine witnesses without oath (if they cannot procure witnesses so far the sons of Belial, and cauterised in conscience as to adventure upon an oath) even in case of life and death, and mutilation of members; contrary to the current of all our laws, and practice of all our Courts of Law, and of all Nations. See Stat. 1. Ed. VI. chap. 12. 5 Ed. VI. chap. 11. Cook's 3. Inst. pag. 24, 25, 26. Deut. 17. 6. Ex ore duorum vel trium peribit qui-occidetur. Deut. 17. 6. Matth. 18. 16. John 18. 23. 2 Cor. 13. 1. Heb. 10. 28. This is the most arbitrary & destroying liberty that ever was given to judges; And such as none but professed thieves and murderers will accept or make use of. The Scripture saith, An oath is the end of controversy between man & man. How then can they end and determine a controversy without oath? But the end of all controversies before this Butcher-row of judges, is cutting of throats, and confiscation of estates. And by the same clause of the said Act (To examine witnesses) They may, and (I hear) do examine witnesses clandestinely, and proceed upon bare Depositions read in Court, whereas they ought to produce the witnesses face to face in open Court, and there swear them, 
See Stat. 5. Ed. VI. chap. 11. & cooks. 3. Inst. pag. 26.  that the Party accused may interrogate them, and examine the circumstances, and whether they contradict themselves, or one another, for clearing the Evidence? And whether they be lawful witnesses or no? Nay (I hear) they do privately suborn and engage witnesses without oath. And then produce them to swear what they have formerly related only: and if they scruple at an oath, punish them for misinforming the State. 4. That I may make some more use of the aforesaid Members words, Whether the King, or a prevailing Party usurping his Kingly power, may canton out a part of his Kingdom) or cull & mark out for slaughter, some principal men, & deny them the benefit of law, in order thereto, as these Judges do) to be tried by special Commission, since the whole Kingdom is under the known laws & Courts established at Westminster? It should seem by this Parliaments eager complaint against the special Commission of York, this Parliament hath determined this question in the negative already, (whatsoever their present practice to carry on their design is) See Stat. 17. Car: 1. against the Star Chamber. To what purpose serve those Statutes, of Magna Charta and the Petition of Right, if men may be fined and imprisoned (nay murdered) without Law according to the discretion of Commissioners? This discretion is the quicksand that hath swallowed our Properties and Liberties, (but is now ready to swallow our carcases:) Thus far that Gentleman, Whose words then carried the Parliamentary stamp upon them. Let me add some more exceptions of my own against this high Court of Injustice. 5. Soldiers of the Army are appointed by the Act 26. March, to be assistant to the Commissioners, contrary to the peaceable proceedings of the Law, which never makes use of any but civil Magistrates and Officers of the Law. See Stat. 7. Ed. l. 2. Ed. III. chap. 3. 7. R. II. chap. 13. 6. And contrary to the old oath which all Judges ought to take, in these words. You shall swear well & lawfully to serve the King & people, in the Office of Justice, &c. And that to what estate & condition they be, come before you in the Sessions with force and arms, against the peace, against the Statute thereof made, to disturb the Execution of the Common laws, or to menace the people, that you arrest their bodies, &c. Stat. 18. Ed. III. in An. Dom. 1344. p. 144. Poulton's Book of Stat. at large. But the oath appointed for these Commissioners to take, is not penned in terms of Indifferency. Nor doth any ways oblige them to the people. 26. Mar. 1550. viz:) You shall swear well and truly according to the best of your skill and knowledge, to execute the several powers given you by this Act, (not well & lawfully to serve the people.) Besides they swear to execute the several powers given, (not to do Justice according to the laws.) Now the laws are the only Rules of justice, by which we distinguish crooked from straight, true from false, right from wrong. This is not the work these judges are packed for, but to execute Acts of power and will. But powers are often usurped, tyrannical, illegal and unjust: So are these. Injuria est quod contra legem fit. 7. How can the House of Commons (if it were full and free) constitute a new unpresidented Court of justice, nominate and ordain judges, and enable them to administer Oaths, having never had, nor so much as pretended to have, any power to judge, to nominate judges, or to administer an oath; as having never been more than the grand Enquest of the Kingdom, humbly to present to His Majesty in a petitionary way, the grievances of the people? Nemo dat, quod non habet. 8. Suppose the House of Commons had power of judicature, delegated to them from the people as their Representative? Delegatinon possunt substituere Delegatos, et Pro●estatam sibi concreditam, in alios transfer. legates can not make subdelegates, and transfer their trust to others. See Col. Andrews 3 Answers given into this High Court, for his defence. Printed at the later end hereof.  
2. My Second consideration will be, Of what Persons delegated or commissioned, this Court Consisteth? The pretended Act 26. March 1650. names 25. Commissioners, all which (for their better credit) it enacteth Esquires, amongst whom are four or five, that have professed the Law (as far as wearing a lawyer's gown come too) but were better known by their leisure then by their law; until by adhering to our prevailing schismatics, in subverting our laws, they seem to be eminent lawyers. Of Keeble see the trial of Lieutenant Col. John Lilburn, first and second part. Steel cited expired Statutes at Winchester against Captain Burley. The rest are (for the most part) poor ignorant Tradesmen, some so young they are but lately out of their apprenticeships, others Broken Tradesmen that have compounded with their Creditors, some of vild and base Professions; One or two of those Wolvish Saints (I hear) have with some difficulty escaped the gallows for Manslaying: William Wibearde Esquire is a Rope-seller: this employment may happily help him to the hangman's custom. William Pemoier Esquire was heretofore an Ape-carrier, Cherry-lickom or Mountredinctido. Cook a Vintner at the Bear at the Bridge foot, he keeps a vaulting school for our sanctified Grandees, and their Ladies of the Game. If the House of Commons had power to make Judges (which I have disproved) yet, Ex quovis ligno non fit Mercurius. They must name such Persons as may be competent Judges. And therefore must not choose. 1. Ignorant men. 2. Nor such as the Law calls, Viles Personas, men base or contemptible for their Persons or sordid callings; mechanics of the lowest rank. 3. Persons of Scandalous life and conversations. 4. Not bankrupts and Indigent Persons. Necessitas cogit ad turpia. 5. Not partial and preingaged Persons, chosen to suppress another party. As these Commissioners are engaged to the present power to suppress all others. 6. Nor such as Schismatically or Heretically affected, are seasoned with such Doctrines and Principles, as neither agree with the Duties of a good Christian, a good Commonwealths man, nor a good Judge, Which two last Objections not only these Commissioners, but the pretended Parliament that commissioned them are apparently guilty of, as being all of the Independent faction, conspiring to rob and root out all other Parties: royalists, Presbyterians and Levellors: For which purpose this New tribunal or Inquisition is set up. Independency being a mere complication and Syncretismus, or rather a Sink and Common Sewer of all errors, Heresies, Blasphemies and Schisms (though they peevishly differ in some inconsiderable tenants) yet having one general End or scope at which they all chiefly aim (viz.) power, preferment, profit, and the suppression of the Truth and Magistracy, they have likewise some common principles to soader them together, which they use as a Means conducing to that general End. Some few whereof I will here set down for my Readers satisfaction. 1. To tolerate no King nor Magistrate superior to themselves. As being a Tyranny or Bondage over the Christian Liberty of the Saints and Kingdom of Christ. Because they know no Christian Magistrate can tolerate them, being (by the Genius of their Sect) enemies to all civil Societies, whether monarchical, aristocratical, democratical or Mixed; as the kingdom of England was, before these men destroyed it. Besides their common Doctrine, That they are appointed to break the powers of the Earth to pieces, To level the hills and fill up the valleys, That they are called, To bruise the Nations with a rod of Iron, and break them in pieces like a potter's vessel: Which they have done in England, and threaten the like in France, Germany, &c. whereof their pulpits and discourses sound. Observe their practices in the Low Countries. Where having by their spies and Emissaries, found out some burghers of the same humour with themselves; They propagated their Doctrine so far; as to endeavour To strike the aristocratical Members out of that Commonwealth by abetting some of the States provincial to lessen (and so to abolish by degree) The Lord's States general (the Optimates of that State) To ruin the Prince of Orange, to whose Family they owe their Liberty; To dissolve the general union of the said united Provinces, and so take in pieces the whole Frame of that republic. To say nothing of their insolences in fighting and killing their men, because the Belgike Lion will not strike sail to their cross and Harp; and in blowing up the Antelope in Helversluice: Which shows what good Neighbours Holland, and other parts, are like to have of the New State of England and Ireland (when they have made themselves entirely by the purchase of Scotland) that is born (like our English Richard the 3.) with Teeth in its head; and snappeth at its Neighbours before it be out of its swaddling clouts. This is the cause that Cromwell, before he set sail for Ireland, caused his journeymen, the pretended Parliament, To pass an Act for toleration of all Errors, Heresies and Schisms, under the Notion of liberty of Conscience, and Ease for tender Consciences. 2. Their second principle is, That the good things of this World belong only to the Saints (that is, themselves) all others being usurpers thereof: and therefore they may rob, plunder, sequester, extort, cheat and confiscate (by illegal Laws of their own making, by extrajudicial Courts and partial Judges of their own constituting) other men's Goods and Estates; upon as good Title as the Jews spoiled the Egyptians; or expelled the Canaanites. 3. Their third principle. That the Spirit (which sanctifies and illuminates these men) in every particular man blows when and where it will, sometimes this way, sometimes that way, often contrary ways: And therefore they can make no profession of any certain Rule of Doctrine or Discipline, because they know not which way the Spirit will inspire. For this reason they are still pulling down old and setting up new Doctrines, as the nomads do Cottages, only constant in unconstancy. They profess their consciences are the Rule and Symbol both of their Faith and Doctrine, by this Leaden Lesbian Rule they interpret, and to this they conform the Scriptures; not their Consciences to the Scriptures; setting the sun dial by the clock; not the clock by the sun dial. That every man must pray according to the Dictates of his private Spirit; They reject the Lord's Prayer, for fear of quenching the Spirit. When they break their Faith, Articles, Promises, Declarations and Covenants, they allege, the Spirit is the Author thereof. When Cromwell (contrary to his Vows and Protestations made to the King) kept him close prisoner in Carisbrook Castle; He affirmed the Spirit would not let him keep his word. When, contrary to the public Faith, they Murdered Him: they pretended: They could not resist the Motions of the Spirit. Sua cuique Deus sit dira libido. This Hobgoblin serves all turns. 4. Their fourth principle is. That they may commit any sin, and retain their Sanctity in the very act of sinning: For what is sinful in other men, is not so in the Saints; who may commit any crime against the Law of God, and yet it cannot be imputed to them for sin; Because they know in their Consciences what they do. So tender and delicate are their Consciences; That they are capable of any Offence against their neighbour, without breach of Justice or Charity. A righteous man is a law to himself. 5. Their fifth principle is. That 7. make a Church: although men women and children, and that this Church is Independent upon any other. The Anabaptiss (though they neither profess to follow Paul nor Cephas) yet declare themselves to be some of Cromwel's Church, some of John Goodwins, some of Kiffins, some of Patiences and some of Carters Church. 6. Their sixth Independent principle is. That if a man be questioned for any crime, though his Judges have neither competent witnesses, proofs nor Evidence of his guiltiness, yet if they think in their Consciences he is guilty; they may condemn him out of the Testimony of their own private consciences. Is it not fit men so principled should be Judges and Jury too; & condemn men by inspiration? So Col. Andrews and Sr. John Gell were condemned; for Bernard and Pits (witnesses against them) were apparently suborned by Bradshaw and Sir Hen. Mildmay against them: and forsworn in the same cause; and good proof offered to the Court, that they were both Flagitious men, of scandalous life and conversation. The letter (supposed to be sent by Andrews to Gell) was delivered to Bradshaw, whereof Bradshaw sent a Copy only to Gell at ten of the clock at night; and had a warrant then ready to arrest Gell, which was done early next morning before he could conveniently discover it: Yet was Gell sentenced for misprision of High-Treason. See Sr. John Gell's case stated, August 1650. with Colonel Andrews Attestation (in his behalf) under his hand a little before his death. And though Sr. John was Impeached and Mr. attorney prosecuted him only for Misprision; yet had he much a do to keep that blood thirsty old cur Keeble from taking a leap at his throat, and giving judgement against him for High Treason. So for want of law Sr. John had like to be hanged by Inspiration and Instinct of the spirit. He that will see more of these Independent Tenets, Let him read Cl. Salmasius chap. 10. Defensionis Regiae. Elenchus Motuum nuperorum in Anglia. And the History of Independency, 1, and 2. part. These 6. I have selected, that by comparing their Doctrine with their daily practice, the Reader may perceive what pious Christians, good Patriots, and upright Judges, these engaged, Independent Commissioners of the High Court of Justice are like to prove. The builders of this New Commonwealth or Babel, hold forth to the People, Justice and Liberty, as their Motto: as if those excellent gifts had never received their birth, nor been so much as shown to the People until they murdered the King, and stepped into his Throne. But how righteous a Free State or Commonwealth is this like to be? And how well are the People therein like to be instructed in the ways of righteousness, Justice and Charity, and improved in good life and conversation, by men so principled as aforesaid, Let the world judge. Especially when they observe, That our New Statists have enacted in the said pretended Act 2. Jan. 1649. enjoining the Engagement, That who soever will promise Truth and fidelity to them by subscribing the Engagement may deal falsely and fraudulently with all the world besides. And break all Bonds, Assurances and Contracts made with Non-engagers, concerning their Estates; and pay their Debts by pleading in Bar of all Actions, That the complainant hath not taken the Engagement: This is to rob the Egyptians of the good things of this world, This is to break their Faith by the motions of the Spirit. This is to cheat and rob their Neighbours without breach of Charity or Justice, and without imputation of sin, according to their aforesaid Tenets.  
3. I am come now to consider in the third place, The way and Manner of their proceedings; How consonant they are to the usual proceeding of our known Laws, and legal Courts of Judicature? (the best Inheritance of all Freemen) whereof see Colonel Andrews 3. Answers in his Defence given into the said High Court, Here with printed.  
1. The first Course they commonly take is; To break open men's Houses, Studies, Chests, &c. and seize their Papers; and thereby hunt for Matter of Charge against them: And then to examine them against themselves, upon the said Papers, contrary to Magna Charta, which saith, Nemo tenetur prodere seipsum. And contrary to the Doctrine of Christianity, which forbids a man to destroy his own life, or be, Felo de se, as many men unwittingly do, who answer to captious, ensnaring questions. What that tempting question was put to Christ; Art thou the King of the Jews? He returned no other Answer then: Thou sayest it: Why askest thou me? A●ke them that heard me, That is, Ask witnesses. It was objected against the Oath ex Officio, That it was High Injustice to examine a man against himself: Because his Answers may only serve to condemn, but not to acquit him.  
2. They usually break open houses with soldiers, at all hours of the night, pulling men out of their beds with great violence and terror, and so carrying them away, under pretence whereof Robberies and Murders have been committed. Whereas by the Stat. 1. Edw. VI. chap. 12. and 5. and 6. Edw. VI. chap. 11. A man ought not to be accused of High Treason, but to one of the King's counsel; or to one of the King's Justices of Assize; or to one of the King's Justices of the peace being of the Quorum: or to 2. Justices of the Peace, where the Offence is committed, Cook's 3. Inst. chap. High Treason p. 26, 27, 28.  
3. They Commit men to prison without any Accusation or Accusor made known, and during pleasure: and detain them in prison many years together without any legal proceedings or charge against them; sharing their Estates, Offices and Revenues (by Sequestrations and Suspensions of the Profits) amongst themselves, without any Crime objected: And so leave them to starve, rot or die in nasty gaols, for want of Maintenance, under the cruelty of covetous and merciless Gaolers, whom they bear out (for money) in all their Extortions. And being thus imprisoned and wounded with the displeasure of the State no man dares adventure, upon any security, to lend him money for fear of incurring the disfavour of the State, 
witness about 3000. Scottish Prisoners of war starved to death at Durham: where they eat one another for hunger. These were taken at the battle of Dunbar An. 1650. 3. Sept. and many hundred Prisoners have been murdered in goals, with hunger, cold, nastiness, and contagion: after they have been robbed of their Estates and no Crime laid to their Charge: This is now become a daily practice.  and a Note of Malignancy, whereby their Prisons are become private Slaughter houses, as well as their Courts public Shambles of Injustice. Prisoners in the Tower of London (To which prison no gaol delivery belongs) were always wont in the time of (that supposed Tyrant) King Charles I. and his Predecessors, to have allowance from the King, according to their several degrees; As 5l. a week for an Esquire &c. although the King deprived them of no part of their estates until conviction, and this Maintenance was provided for them by the Lieutenant of the Tower; and in respect of his care and pains in procuring it he had Fees, and not otherwise; though now they continue and increase the said Fees; the cause being taken away the effect ceaseth not. But these men now in power, after they have Committed men and robbed them of their Estates, without cause shown, are so far from giving them any allowance to feed them; that they shut them up close Prisoners in unwholesome chambers, denying them the Liberty of the Tower, and the benefit of fresh air (the Cameleons Diet) for their health, and resort of friends, for their accommodation. And that they may be sure to deprive them of all legal means by habeas cotpus to recover their liberties; They commit men by illegal warrants not expressing any particular Offence or cause for their commitment; so that it is impossible for the keeper of the prison to obey the habeas corpus, which is directed to him in these words: Precipimus tibi quod compus A. B. una cum causa detentionis fuae, habeas coram nobis &c. ad recipiendum ea quae curia nostra. &c. whereupon the gaoler or Sheriff is to bring his Prisoner to the Bar and tender his mittimm to the Court, showing the particular cause of his Imprisonment, that the Court may judge whether it be legal, or no. Dolosus versatur in Generalibus. In the Acts of the Apostles chap. 25. ver. 26. 27. Festus thought it unreasonable to send Paul a Prisoner to Caesar (to whom he had appealed) and not withal to signify the Crimes laid to his Charge. See cooks 2. Instit. fol. 591.  
4. Their usual course of practising and suborning witnesses, tempting them with hopes and terrifying them with fears, is so notorious; that it is known the Counsel of State have hundreds of Spies and Intelligencers, Affidavit-men and Knights of the Post, swarming over all England as Lice & Frogs did in Egypt: and have both Pensions and set rates for every poll brought in: So that now the whole Nation is proscribed, and every man's head set to sale, and made a staple commodity, (far beyond the definite proscriptions of Silla & the Triumvirate aforesaid) These sons of Belial are sent forth to compass the earth seeking whom they may devour. These (with the Liberty of privileged Spies) speak bold Language to draw other men into danger: and plot conspiracies, which themselves direct and are rewarded like Decoy ducks for their pains. Of this sort are Bernard and Pits set on work to betray Gell and Andrews, as aforesaid. For which Bernard had 300l. and a troop of horse conferred upon him. Johnson that falsely accused Sir Rob. Shirley and Col. Egerton for their charity in relieving his wants, is another; Varney is a fourth. So well are they fitted with these Sons of Belial, that no Naboth can keep his Vineyard, if a Grandee cast a covetous eye upon it; they can prove what they list. Nay it is usual for our Grandees to molest one man with examining him 20. or 30. several times, against one Prisoner, & upon one point, to distract his memory, & not to let him be quiet until he perceive, He must speak what their questions and discourses lead him to, to redeem himself from vexation. To say nothing of their Menaces, To torture men if they will not confess, what they impudently pretend is already discovered by other means: And their insinuating into the affections of witnesses by asking them: Whether the State doth not owe them money? And why they do not use fitting means and opportunities to recover it? And why they do not make means for some beneficial employment?  
5. In Magna Charta, chap. 29. it is enacted, That no Freeman shall be taken or imprisoned; or be disseised of his Freehold or Liberties or free customs, or be outlawed or exiled, or any otherwise destroyed; nor we will not pass upon him or condemn him, but by lawful Judgement of his pears, or by the Law of the Land. We will sell to no man, We will not deny or defer to any man, Justice or Right. See Statut, 2. Ed. III. chap. 8. 5. Ed. III. chap. 9 14. Ed. III. chap. 14. 25. Ed. III. chap. 4. 11. R. II. chap. 10. Pet. of Right. 3. Car. 1. 10. Ed. IV. fol. 6. Dier. fol. 104. Cook lib. 5, fol. 6. lib. 10. fol. 74. lib. 11. fol. 99 Regist. fol. 86. Where note the word (peers) signifies, that no man is to be condemned or destroyed, but by the lawful verdict of a jury of 12. sworn men of the Neighbourhood where the Fact was committed; because (in probability) Neighbours may have best cognizance of the Fact, and of the life and conversation of the Party Accused. And these only are Competent Judges of Matter of Fact; & in many cases of Matter of Law too, if they will take the knowledge of the Law upon them. Neither can this Petty Jury of 12. men go upon the prisoner, unless a Bill of indictment containing the whole Matter of charge be first found in open Court by a Grand Jury or Enquest of sworn men; who are to inquire of the Fact upon the oaths of two lawful witnesses (at least) to every material Point of the indictment and then, when the grand Enquest are all agreed, the Foreman endorseth upon the back of the Bill (Billa vera) and then presents it in open Court, as the Information for the King of the whole enquest: otherwise the indictment is quashed, and nul. Cook's 3. Instit. chap. High Treason and Petty Treason. And whereas the Statut. saith, (but by his peers, or by the Law of the Land) Lex Terrae, signifies, The ancient customs of the Land; Amongst which fundamental customs; Trials by Juries hold a principal place. And when the King Charles I. accused this parliament, That they disposed of the Subjects Lives & fortunes by their votes, contrary to the known Laws of the Land, This parliament in their Remonstr. Sep, 1642. (1. Part. of the Book of Declarations fol. 693.) highly resented it. And Magna Charta being nothing else but an affirmation of the common Law, inserted this Clause (or by the Law of the Land) as a special caution, not to annihilate or frustrate (no; not so much as tacitly, or by preterition) any of the said fundamental laws or customs, nor any other particular lawful customs, which are not one and the same in all parts of England; witness the Custom of Savelkind in Kent. I have told you what our known ancient. Legal Courts of Justice do. And I must tell you that legal forms and set Modes of proceedings are so essential unto Justice, that without them we cannot measure the Rectitude or obliquity of justice or injustice: where they do not chalk forth the way, both Judges, Lawyers, Officers & attorneys will tread what subtle, obscure paths they please, usurp an Arbitrary power and latitude to prevaricate; & so far corrupt & work the Law to their sense, that they will rather Leges dare, then Leges dicere, so that what is Law in one man's case, shall not be so in another man's, They will so intricate and entangle causes; that every case shall be Casus pro amico; as Civilians call it; when upon full hearing, The Merits of the cause appear so equal, and undistinguishable on both parts; that the judge may (according to his discretion) look upon the Merits of the Persons only: and give the cause; Pauperiori, via Charitatis, or digniori, ratione virtutis. Justice not fixed by formalities, will become such a vagrant, that no man shall know where to find her. Let us now see what our new shambles out upstart High Court doth. Which in this work of Reformation and Destruction, so much abhors superstition and ceremonies, and sticks so close to a summary way of proceeding, that they have not only stripped, but flayed her: as their Masters the Parliament not only fleece, but flay the People. In lieu of a Bill of Presentment, by a grand Enquest, the pretended Parliament or Counsel of State, send a List of such Persons names, as they have proscribed, And set a Nigrum Theta upon, (as men dangerous to their designed interest) to the Masters of their Slaughter-house, The said High Court, together with such Depositions as they have taken in corners, against the Prisoners: and this is such a fore-judging of them, that the said Court neither will not dare acquit, whom their Masters and paymasters have precondemned. Next Articles of Impeachment in nature of a charge are drawn up against the Prisoner (although such Articles are nothing in Law, which regards only a Bill of indictment) Then the Prisoner after a close Imprisonment for he knows not what) upon two days' warning is led to the Bar; where the first work is to dazzle his eyes, amaze and distract his judgement and memory with the terror of their soldiers, the numerousness, high affronting words and looks of his Judges; having thus mortified the Prisoner, he is commanded to hear his charge read: and bid plead to it. Guilty; or not Guilty. If he own their jurisdiction and plead the said General Plea, they have him where they would have him: they never ask him; how he will be tried? Whether by God and his Country? for God hath no hand in these proceedings, nor amongst such Judges; and this rod of Iron is provided to bruise his Country, as well as himself. Lieutenant Col. Lilbornes' trial hath taught them That it is an easier Matter for them to pack a Butcher Row of confiding, partial Judges, than a Jury; who are liable to be challenged, if suspected of partiality. When Col. Andrew's claimed to be tried legally as a Freeman by a Jury and vouched Great Charter, and many other Statutes, (whereof see his aforesaid three Answers) that sneaking bloodsucker, illiterate Keeble answered. Those Statutes were out of date now, (meaning they were taken away by conquest,) So that this shamble Row of Judges, take upon them to be, both Judges of the Law, (without acknowledging the fundamental laws of the Land, or taking any Oath of Indifferency to the People) Triors of the Fact, or Jurates of life and Death (without being sworn to find according to Evidence) as well as Parties and Prosecutors. thieves upon the high way may as justly arraign a true man before them, because he brought no money in his purse, offered to draw his sword and hid his money about him in contempt of their jurisdiction and Authority; and condemn him upon such a mock Trial & mummery or interlude of Justice, as these fellows. If they allow him counsel, his counsel must apprehend the minds of his judges, at his peril; and not be so faithful and diligent as to help his client in earnest; lest the counsel of State, or some other power (whose will is a Law) interpose and banish him 20. miles from London; as they did Master Sprat, Sir John Gell's solicitor, before Sir John's business was ended; whereby Sir John's was left destitute of means to follow his business, himself being close Prisoner. If they permit any witness to speak on the prisoner's part, He comes at his peril: Sir John Gell's first witness was so baffled in Court, that the rest stole away & durst not appear. I have not heard whether they give any Copy of their Articles of Impeachment to the Prisoner, (for they cover all their doing with such a Plaguy Egyptian D●●knes, that we cannot see a glimpse of light) or whether they go a Star Chamber way, and make him Answer o'er tenus, and ex tempore for his life and Estate. But if they give him any copy, or any time to answer, it is not above four or five days, or a week, nor do they allow him counsel, or any other clearing of the way to his defence, until he have ensnared himself by owning their jurisdiction, and pleaded the general Plea, Not Guilty. If he plead not an issuable Plea, and yield to their jurisdiction, quitting all benefit of the Law & Legal proceedings, the Razor is at his throat, they thirst after his Blood; & they presently sentence him guilty of contumacy & take it pro confesso. And if he do submit & plead: His plea will have the operation but of a psaelm of Mercy, prolonging his life but for a short time, in the interim Keeble & his Court plays with him as a Cat doth with a Mouse, and then devours him. For no man is sent to this Court to be tried, but to be condemned. In hac arena dimicatur sine missione. Herein they show themselves much more tyrannous & bloody than the Duke D' Alva when he erected his said counsel of Troubles, called Concilium Sanguinis, or the bloody conventicle; as this will shortly be. For saith Strada Declar. 1 lib. 7. Procurator regius menses 4. Conficiendae Accusationi accipiens sibi; 5 Concedebat ad Defensionemreis (Egmontio, Hornano, etc) The King's Attorney took four months' time to draw up the Charge or Accusation, and gave five months' time to the Respondents to make their defence. And had he given less than five months' time, To Instruct counsel, Pen their Answers, produce and summon witnesses, inquire into the lives & conversation of their accusers, his feet had been swift to shed blood. Nulla unquam de morte hominis cunctatio longa est, But our Inquisitors take whole years to themselves to hunt for Matter of Accusation and hire and engage witnesses against men kept in ignorance and want with close imprisonment: and allow not them so many days to make their Defence. All manner of accusers and witnesses, though apparently suborned and forsworn in the same cause, and proofs without exceptions offered to the Court that they are of infamous life and conversation, are in this Court (the Object of whose desires are blood and Confiscations, not justice) lawful witnesses, such witnesses were the said Bernard and Pits; Monsters of man. See Sir John Gels case stated: Printed about August, 1650. To Cite any ancient, known Laws or Statutes, or any other than their own new coined Acts, passed by this 8. Part of a House of Commons, (since they became elect Members chosen by Thomas Pride) is to incur the High Indignation of the Court, expressed abundantly in their words & looks. But to put them in mind of the Parliaments many Declarations, to maintain the ancient known Laws, Liberties, and Properties of the people, is to scandal the present Government and incur the Censure of that unknown mysterious Crime, which knaves call Malignancy. The witnesses and Judges being thus irrefragable, the first may swear what they will, the second may judge what they will, since they are left at large and have all things in scrinio pectoris: and Book Law must give place to Bench Law; The Jurisdiction and Authority of this New unparalelled Court is such a mystery of iniquity, so unscrutable and unquestionable, that if a prisoner scruple (in the least) either it, or any of the uncouth proceedings of it; it is a mortal sin to him, and he is presently interrupted, and affronted both with disdainful words and looks. And told, 
See the trial of K. Charles I. in the History of Independency 2. Part. p. 19 &c.  We are satisfied with our Authority, that are your Judges, (so are Thieves upon the High way satisfied with their Authority that rob and murder us by God's Providence and permission.) It is upon God's Authority and the Kingdoms, (yet what they do is against the will of God revealed in his Scriptures; and against the known, established Laws, Statutes, and continual practice of the kingdom:) Which Authority commands you in the name of the People of England to answer them. (Yet at least) 9 parts of 10. of the people so much abhor these and other their practices that every man's mouth speaks against them with bitter curses and reproaches to restrain which they have minted Acts of New Treasons, to make men Offenders, nay Traitors, even for bare words; and erected this bloody, illegal theatre, The High Court (so called, for its High Injustice) as a Spanish Inquisition over them, & every man's hand would be about their ears, did they not keep an Army of janissaries to suppress them.) Their Authority they do avow to the whole World, that the whole Kingdom are to rest satisfied therewith. (You see here a Whip and a Bell provided to keep the whole Kingdom in awe: the declared Supreme power of their sovereign Lord the people, must resign their known Laws to their trusties, their Representatives in parliament, and take new Laws from their Arbitrary Votes, or woe be to their Necks and shoulders) I must interrupt you, what you do is not agreeable to the Proceedings of any Court of Justice. You are about to enter into Argument and dispute concerning the Authority of this Court; before whom you appear as a prisoner; you may not dispute the Authority of this Court: nor will any Court give way to it, you are to submit to it. (It is not safe to confute a lie told with Authority. Yet if a man be indicted of Treason or Felony in the Court of Common Pleas, a man may demur to, and dispute the Jurisdiction of that Court; because it is not in criminal Causes, Competens Forum; nor the Judges Compentent Judges; every man and every cause must be tried Suo Foro, non Alieno. 80 if a Peer be Arraigned in the Kings Bench. And for this upstart, unpresidented High Court; it is no Court of Judicature at all, as being erected without lawful Authority; Consisting of Incompetent Judges, no Records belonging to it: and tending to disinherit, and disfranchise all the People of England: and to murder them.) You may not dispute the Jurisdiction of the Supreme and Highest Authority of England, from which there is no Appeal, The Votes of the Commons of England assembled in Parliament is the Reason of the kingdom. (Oh Brutish, irrational kingdom!) Where 40. or 50. Anabaptistical Members, the Dregs and Lees of the House of Commons, after all the best and sincerest (7. parts of 8.) had been racked and purged out at the Bunghole by Cromwell the Brewer and Pride his Drayman, shall be called the Reason and Law of the Land. This confirms the truth of what King Charles the I. Objected to the Parliament (whereof I have formerly spoken (That they disposed of the Subjects Lives and Fortunes, by their own Votes, against the known Laws of the Land. But that there should be no Appeal to their declared sovereign Lord the people, from their subordinate trusties in Parliament is wonderful; Considering that in all Governments, The last Appeal is ever to the Highest and most Absolute power. But it may be they will be the people's trusties in spite of their Teeth, and by the power of the Sword; and so free themselves from rendering any account of their Stewardship.) You may not demur to the Jurisdiction of the Court. If you do, they let you know, that they over rule your Demerrer, and affirm their own Jurisdiction. Reason is not to be he heard against the Highest Jurisdiction the Commons of England, make a direct & positive Answer, either by denying or confessing, and put in immediately an issuable Plea, Guilty, or Not Guilty of the Charge, or we will record your Default and contumacy, and by an implicit confession take you guilty pro confesso, & immediately give judgement against you. (This (as I told you before) is it that blanches the Deer into the toil, But God deliver us from that Jurisdiction that is too high to hear Reason; and that over rules Demurrers before they be heard.) I have told you as much of the proceedings of this Court, as the Novelty, Obscurity, uncertainty and confusion thereof will give me leave. Let me now (by way of overplus) give you the great dangers and slavery that will be fall all sorts of People, if they tamely and cowardly suffer themselves to be deprived of their auticent, legal trials by indictment and Juries of the Neighbour hood: (Than which the whole world cannot boast of a more equal way) and suffer their Lives, Liberties, Estates, and Honours to be subject to an Arbitrary, extrajudicial conventicle of Blood, (Cromwel's new Slaughter house) which hath neither Law, Justice, Conscience, Reason, President or Authority Divine or human, but only the pretended Parliaments irrational Votes and the power of the Sword to maintain it, which will prove a citadel over their Liberties, a snare to their Estates, a Deadfall to their lives, and a scandal to their honours and families, if not timely opposed.  
1. By the Law the indictment must specify what the Treason is, and against what Person committed; As against our sovereign Lord the King, his Crown and Dignity. But in the said Articles of Impeachment, it is alleged that the Treason is committed against the present Government, or, against the Keepers of the Liberties of England; but in this dead-water our turning Tide between the old regal, and this new unknown Government; no man knows how to do, look or speak for fear of contracting the guilt of an Interpretative Treason, upon the said two Statutes for New Treasons, and before this boundless, lawless new Court. And to say, that Treason is committed against a Government in abstracto, is nonsense: it must be said that Treason is committed against the governors in Concreto, naming them. For there being no Treason without Allegiance; And Allegiance being a personal Obligation, must be due from a certain known Person, to a certain known Person, or Persons. And therefore the Keepers of the Liberties of England, not being yet made known to us, who they are, or where to be found, or what their power, duty or office is; and being not tied by any set Oath to deal well and truly with the People, (as Kings are by their Coronation Oath; for if the stipulation be not mutual, the People are Slaves, not subjects) since the Duties of Allegiance and Protection, Obedience and Command being reciprocal (as they must needs be, the Parliament having declared the Supreme power to be in the People; they must not govern them Mero Imperio (by lawless Votes) like Turkish, Tartarian and Russian Slaves. I cannot owe nor perform Allegiance to those individua vaga (the Keepers or Gaolers of our Liberties) nor to an Utopian Commonwealth. And without Allegiance no Treason: for in all indictments of High Treason, it must be alleged; That the accused did (Proditoriè) perpetrate such and such Crimes; Contra debitam Allegantiam suam. And the word (Proditoriè) signifies the betraying of a Trust: According to the proverb; In Trust, is Treason. Now where there is no profession of Allegiance, there is no acceptance of a Trust, no man can trust me against my will. I was born under a regal Government, have read the Stat. Recognition, 1. Jac. Have taken (as well as others) the legal oaths of Allegiance, Obedience and Supremacy to the King his heirs and lawful Successors: imposed upon me by lawful Authority, and from which no power on Earth can absolve me: and so much I attest in the Oath of Supremacy. And how I should now come (after the New Moduling of the Parliament and kingdom by soldiers) to owe Allegiance to Cromwell the Brewer, Scot the brewer's Clerk, Bradshaw the murderous petty fogger, Sr. Hen. Mildmay the Court pander and projector, Holland the Linckeboy, John Trenchard that packed a Committee (in which he was a Member) and Voted to himself 2000l. Love the super-inducted Six Clerk, or any other of that Self-created Authority, let them sheathe their swords and tell me.  
2. An indictment must certainly allege the Offence committed, 
See the Additionel Post script at the Latter end of this Book.  in respect of the Matter, Time, Place, persons and other circumstances; But in these Articles of Impeachment they tie themselves to no such certainties; Whereby the Accused knows not at what ward to lie, nor how to make his Defence. The Circumstances of time, place and person, being the assured Testimony of all human Actions. This lawless Court leaves him in a vast Sea of Troubles, without polestar, card or compass to steer by: The Arbitrary Opinions of this Court, declared upon emergent Occasions, being a false hearted Pilot to him. These Judges not being of counsel with the prisoner, as our Legal Judges are, who swear to do Justice according to the Law.  
3. By the Law, any learned man that is present, may inform the Court; for the benefit of the prisoner, of any thing that may make the proceedings erroneous. Cook's 3. Instit. pag. 29. But the whole proceedings of this Court, their meeting and sitting being erroneous, here is no room left for admonition, To take away their errors, is to take away the Court.  
4. Cook's 2. Inst. p. 51. expounding the 29. chapter of Magna Charta, hath these words. All Commissions ought to be grounded upon the Law of England (not upon the Votes of the House of Commons) and to contain this clause in them. To do what is just according to the Laws & customs of England; (not to execute the several powers given them by the Act 26. March 1650) and a little further he saith. Against this ancient and fundamental Law I find an Act of Parliament made 11. Hen. VII. chap. 3. That as well Justices of Assize as Justices of the Peace, without any finding or presentment by the verdict of twelve men, upon a bare Information for the King before them made, should have full power and Authority by their Discretions, to hear and determine all Offences & Contempts committed, or done by any person or persons, against the Form, Ordinance or effect of any Statute made and not repealed; saving Treason, Murder or Felony. By colour of which Act shaking this fundamental Law, it is not credible what horrible Oppressions and Exactions, to the undoing of infinite number of people, were Committed by Empson and Dudley Justices of the Peace throughout England. And upon this unjust and injurious Act, a new Office was erected (as commonly in like cases it falleth out) and they made Masters of the King's Forfeitures. (I hear such an other Office will be erected, when the novelty of this wonderful High Court is lessened, and the yoke thereof throughly settled upon the people necks) Yet observe the said Act 11. H. 7. cap 3. went not so high as to Treason, Murder, and Felony. But by the Stat. 1. Hen. VIII. chap. 6. the said Act 11. Hen. VII. was repealed, and the reason given, For that by force of the said Act it was manifestly known; That many sinister and crafty, forged and feigned Informations had been pursued against many of the King's Subjects, to their great damage and wrongful vexation. The ill success hereof (saith Cook) and the fearful end of these two Oppressors, (who were indicted and suffered for High Treason for all the said Act 11. Hen. VII. passed in a full and free Parliament: Cook. 3. Instit. pag. 208.) Should admonish Parliaments, That in stead of this Ordinary and precious trial by the Law of the Land, they bring not in Absolute and partial trials by discretion. And in his 4. Instit. p. 41. Cook saith, Let Parliaments leave all Causes to be measured by the golden and straightened wand of the Law, and not the uncertain and crooked cord of Discretion: for it is not almost credible to foresee, when any maxim or Fundamental Law of the Land is altered, what dangerous inconveniences will follow; as appears by this unjust and strange Act 11. Hen. VII. chap. 3.  
5. This Parliament always declared they bore Arms against the King, in Defence of the Laws, Liberties and properties of the people. This way ran the whole current of their Declarations. And they alwaies-reckoned Magna Charta, the Petition of Right and Trials by ●uries, the Chief and most Fundamental of all our Laws. See their Remonstrance: Therefore in their 7. Article against Strafford. They charged him with High Treason, for giving judgements against men's Estates, without Trials by Juries. Much aggravated by Mr. St. John's in his aforesaid Argument against Strafford. And for the better preservation of legal Trials by Juries, it is provided in the Bill of Attainder of Strafford, that the case of the same Earl should not be used as a precedent in succeeding times. And in two of this Parliaments late Declarations 9 Febr. and 17. March, 1648. The Parliament promiseth. To preserve and keep the fundamental Laws of the Land, for preservation of the lives, Liberties & Properties of the People, with all things incident thereto. Now to erect an arbitrary, lawless High Court, to give Judgement against men's lives & Estates, and attain their bloods, without indictment found by a grand Jury, and a trial by a Jury of 12 sworn men vicineto; is a far fouler breach of Trust in them against their sovereign Lords the People, than all they Charged the King withal; and a far Higher Act of Tyranny and Injustice then either the late King; or Empson and Dudley or Strafford were accused of. But if they allege: They do not put down Juries in general, but only in some particular men's cases, & upon Necessity. I Answer. That we are all born Freemen of England alike; That our ancient known Laws, laws Courts and trials by Juries are our Inheritance equal alike to all. And one Party or part of the People ought not to be disherited, disfranchised or forejudged no more than another. No man can be said guilty of any Crime until he be legally convicted & sentenced: the law must first go upon him & condemn him. ubi lex non distinguit, non est distinguendum. If we do not live all under one law, and form of Justice, we are not all of one commonwealth, See the afore mentioned gentleman's Argument, against the special Commission of the Court of York. For Necessity: Our present power is under none: but the fears and terrors of their own guilty consciences. No appearance nor probability of any enemy by their own confession: nor can they plead in their excuse, a Necessity which they have brought upon themselves. I know some Kings have, de facto, used the Animadversion of the Sword to cut off such powerful and dangerous Persons as could not safely be called to account by the Law; so died Joab, Adoniah, &c. For which the rule is. Neminem adeo eminere debere, ut Legibus interrogari nequeat: qui Jus aequum ferre non potest, in eum vim haud in justam fore. No man ought to advance himself above the powers of the Law: He that will not submit to equal Right, if he be cut off by violence, suffers no wrong: But this is to be understood of the Eminency and greatness of the Person, not of the greatness of the Crime; whereof no man is to be forejudged; because a great Crime may prove a great Calumny, until a legal trial have adjudged it. But there is no Person in England so eminent for power or authority, but that the least of Bradshaw's bandogs can drive him to the Slaughter-house, and make him offer his throat to Keeble. Therefore Animadversio Gladii, if at any time lawful, is now unlawful. To make great examples, upon men of little power, is great Injustice. But the way of this Court is not Animadversio per Gladium. It is a Mocking, a Counterfeiting, an Adulterating and Alchimisting of Justice: it is to falsify her weights and balance, and steal her Sword to Commit Murder withal.  
6. By the known laws Matter of Fact is entrusted to the Jury; 
See Col. Andrews 3 Answers.  Matter of Law to the Judges; to prevent all Errors, Combinations and partialities. The Judges are sworn to do Justice according to the law; The Jury are sworn to find according to their Evidence. But in this High Court the Commissioners or Judges are all packed, Confiding men, chosen by and out of one Party, to destroy all of a different Party. They usurp the Office of Judges not being sworn to deal well and lawfully with the People (as by the said Stat. 18. Edw. III.) nor to do Justice according to the law. But only to execute powers given by the said Act 26. March 1650. And they arrogate (as jurymen) to be Triers of the Fact, without being sworn, To find according to Evidence. So that they are Judges, Juries and Parties, and (for ease of their tender Consciences (without any Oath of indifferency. A most excellent Compendium of Oppression. They may go to the Devil for Injustice, and not be forsworn. Great is the Privilege of the Godly.  
7. The Prisoner may except against his Jurers, either against the Array, if the Sheriff or bailie impannelling the Jury, be not wholly disengaged and Indifferent; both to the cause, and to the Parties, Prosecuting and Prosecuted. Or against the Poll, he may Challenge 35 peremptorily; and as many more as he can render Legal Cause of Challenge for. As for defect of Estate, or other Abilities, or for Partiality, Disaffection, Engagement, Infamy. But this Array of Jury-men-Judges (A Medley so new we know not how to express it) though picked and empanelled by an Engaged Remainder of the Commons, and obnoxious to all exceptions, must not be challenged, their backs are too much galled to endure the least touch. Take heed you scandal not the Court (cries Master attorney) See Col. Andrew's 3 answers.  
8. Many Exceptions in a legal trial, are allowed against Imperfections, Uncertainties and illegalities in the Bill of indictment, for the advantage of the Prisoner. But no Exceptions are allowed against these Illegal Articles of Impeachement; which are made uncertain, intricate, obscure and ambiguous purposely to pussle, confound, and entangle the Respondent.  
9 By the law a Bill of indictment must have two full and clear lawful witnesses to every considerable Matter of Fact; 
where there is but one witness, It shall be tried by combat before the Earl Martial Cook ibidem.  both at finding the Bill and at the trial. cook's 3. Instit. pag. 25. 26. And Probationes debent esse luce clariores. proofs must be as clear as the Sun; not grounded upon Inferences, Presumptions, Probabilities. And the Prisoner must be Provablement Attainte, saith the Stat. 25. Ed. III. chap. 2. Cook's 3. Instit. pag. 12. The word (Atteinted) shows he must be legally proceeded with: not by absolute power as formerly had been used (and as is now used by this bloody High Court) But before these slaughtermen of the High Court, all manner of witnesses, Legal or Illegal, one or two, sworn or not sworn, or apparently forsworn and suborned, and all proofs clear or not clear are sufficient. The Prisoner is sent thither fore-doomed, and hath his deaths Marck, his fate in his forehead.  
10. The said Act 26. March 1650. Carries two faces under one hood; and looks backwards as well as forewards. To facts Precedent as well as Subsequent the said Act, Contrary to the Nature of all Laws, whose Office is to prohibit before it punish, to warn before it strike. Where St. Paul defineth sin to be The breach of commandment, or Law. I had not known sin but by the law. The Law must therefore be precedent to the Offence. But these Acts are not Laws to admonish, but lime-twigs and traps to ensnare and Catch men. See Col. Andrew's 3. Answers at the latter end of this Book.  
Fourthly, and lastly I am to consider. To what end and purpose this New invented High Court is constituted and appointed? Concerning which see a Letter dated 6. June 1650. Stilo veteri, from the Hague, (supposed to be Walter stricklands, the Parliaments Agent there) as I find it in Walter frosts Brief Relations of some Affairs and Transactions, &c. from Tuesday June 11. to June 18. 1650. wherein the Epistoler hath these words. One piece of the cure (viz: of the dangers that threaten your New State) must be Phlebotomy, but than you must begin before Decumbency, and then it will be facile to prevent danger, &c. They are here most of all afraid of your High Court of Justice, which they doubt may much discourage their party, they wish you would not renew the power thereof, but let it expire: then they think that after Michilmas they may expect Assistance with you. And indeed that Court is of almost as much use to you as an Army: and will prevent the rising of as many Enemies, as the other will destroy, only you must be sure to execute Justice there with all Severity. A few of the first stirrers taken away by the power thereof, without respect to x or country will keep all the rest quiet. But whosoever that Court condemns, let them be as already dead, &c. But let them be most free in cutting the vena Coephalica (that is the Presbyterian Party) for the Basilica (or Royal Party) will be latent. The Median (or levellors) would be spared as much as may be, that the body be not too much emaciated. Besides the blood is most corrupt in the Coephaliks (or Presbyterians) and is the very causa continens of your disease, You need not fear to take freely of this vein, &c. here you see this state-mountebank gives you the use and Application of this corrasive. (The High Shambles of Justice) so fully that I shall not need to comment upon it. And in the latter end of a Letter from Cromwell, dated from Dunbar 4. September 1650. (as I find it in Politicus) speaking of his new purchased victory over the Scots. Cromwell saith; God puts it more and more into your hands to improve your power, (viz. your absolute Authority) we pray own his People more and more, (that is; The Army) they are the Chariots and horsemen of Israel (of the Kingdom of the Saints) disown yourselves but own your Authority (Which you enjoy under the Protection of the Army, your Lords Paramounte) and improve it; to curb the Proud and the Insolent, &c. (That is all men of different Opinions and Parties from them; that will not engage to be true and owe allegiance to the Kingdom of the Saints, and resign their laws, Liberties and properties to their lusts and wills) That I have not misconstrued the contents of Cromwell's mystical Letter will appear by a Discourse in the same Politicus Numb. 17. from Thursday September 26. to October 3. 1650. Where (according to his Custom) delivering forth State Oracles to the people: He tells them in plain English. That after the Confusions of a civil war, there is a Necessity of some settlement, and it can not in reason, be imagined, (the Controversy being determined by the sword) that the conquerors should submit to the conquered, though more in number then themselves. Nor are they obliged to settle the Government again according to the former Laws; and Constitutions, but may erect such a form as they themselves conceive most convenient for their own preservation. For after a Civil war the written Laws (viz. established Laws of the Nation) are of no force, but only those which are not written. (And a little after) The King having by Right of war, lost his share and interest in Authority, and power, being conquered, by Right of war the whole must needs reside in that part of the People which prevailed over him: There being no middle power to make any claim, and so the whole Right of Kingly Authority in England being by Military Decision resolved into the prevailing Party, what Government soever it pleaseth them to erect, is as valide de Jure, as if it had the consent of the whole Body of the People. That he should affirm That after a Civil war the Established laws cease: is so gross a piece of Ignorance, that there is hardly any History extant but confutes it; After our Baron's war and the Civil war between York and Lancaster, Our Established Laws flourished; so did they after the Norman Conquest. How many Civil wars in France have left their laws untouched? That of the Holy League lasted 40 years, Belgia keeps her laws maugre her intestine wars: What is now become of the Parliaments declared supreme power and sovereign Lord the People, the original and Fountain of all just power? are they not all here proclaimed Ear-bored slaves for ever? But I had thought that an Army of mercenary Saints raised, paid and commissioned by the Parliament to defend the Religion, laws, Liberties and Properties of the People; and the King's Crown and dignity, according to the Protestation and Covenant: and the Parliaments Declarations, would not have made such Carnal and hypocritical use of their Victories gotten by God's Providence and the people's Money, as to destroy our known Laws, Liberties, and Properties, and claim by Conquest, and impose their own lusts, for Laws upon us, Thereby rendering themselves rebels against their God, their King and country. Nor was it ever the State of the quarrel between the King and Parliament whose Slaves the People should be? Or whether we should have one King, Governing by the known, established laws? or 40 Tyrants Governing by their own lusts and Arbitrary votes, against our written laws? Nor can the success make a Conquest just, unless the cause of the war were Originally just, and the prosecution thereof justly managed. As 1. To vindicate a Just Claim and Title. 2. Ad res repetendas. To recover damages wrongfully sustained. 3. To repel an Injury done to yourself, or to your Ally in league with you.  
The ultimate end of these wicked Endeavours is, To establish and cement with the blood of their Adversaries, the Kingdom of the Brambles or Saints; already founded in blood. By cutting off all such by their said New Acts of Treason and High Court of Justice, as will not bow their Necks to their Iron yoke. Which appears more clearly in an Additionall Act giving farther power to the said High Court, (dated 27. Aug. 1650.) To hear and determine all Misprisions or concealments of Treasons mentioned or contained in any of the said Articles or Acts of Parliaments: And to inflict such punishments and award such execution, as by the laws and Statutes have been, or may be, inflicted. This law (if I miscall it not) considering how they have multiplied Treasons by their said 3 New Statutes, 14. May. 17. July 1649. and 26 March 1650. Whereby bare words without Act are made High Treason; contrary to those well approved Statutes. 25. Ed. III. chap. 2. 1. Hen. IV. chap. 10. 1. Edw. VI. chap. 12. I. Mariae chap. 1. Cook 3. Instit. saith, That words may make an heretic, not a Traitor, Chap. High Treason. And the Scripture denounceth a woe to him; That maketh a man an Offender for a word) is one of the cruelest, and most generally dangerous and entrapping that ever was made. For hereby all Relations; Husband and Wife; Parents and Children; Brothers and Sisters, Masters and Servants are all enjoined to be informers against, and accusers of one another (which is to take upon them the devil's Office (and be, Accusatores Fratrum) for light and vain words spoken only in Passion or ignorantly: or else they fall into the jaws of this alldevouring Court (from whence, no more than from Hell, there is no Redemption) for Misprision of Treason: the penalty whereof is loss of liberty and Lands for life; and of Goods for ever, Who can imagine less hereby, but that our Statistes intend to raise a yearly revenue by this Court, by Forfeitures and Confiscations: and to erect an Office of Master of the States Forfeitures: like Empsons' and Dudleis in Hen. VII. time aforesaid. 
10. Dec. 1650. a New Act passed, for establishing an High Court of Justice in Norfolk, Suffolk, Huntington, Cambridge, Lincoln and the Isle of Ely, &c. And so by degrees this gangrene shall enlarge itself all the Kingdom over.  And so continue this Court, to weed out the ancient Inhabitants Canaanites and Amalechites. The said Additional Act, 27. Aug. 1650. concludes, That the said High Court shall not examine, Try or proceed against any Person other than such as shall be first by name appointed by the Parliament or Counsel of State. It should seem the Parliament and Counsel of State supply the want of a Grand Enquest; and their Appointment is in stead of a Bill of indictment found and presented. As assuredly as The High Inquisition was erected in Spain by Firdinando and Isabel to extirpate the Mahometan Moors: And the said council of blood in the low Countries, by the Duke D'Alva to weed out the Lutherans, Calvinistes and Anabaptists. So is this High Court set up in England to root out the Royallistes, Presbyterians and Levellors; and generally all that will not wholly concur with our Independents in practice and Opinions. As will manifestly appear when their work is done in Scotland, which will soon be effected: the more zealous Scots being now as ready to sell their Kingdom; as they wear formerly to sell their King.  
I Conclude therefore upon the Reasons aforesaid; That because the Commissioners or Judges are not sworn to do Justice according to the laws: And are Parties preingaged (as well as their Masters, and paymasters, that named them) ignorant men, and of vild and base professions uncapable of places of Judicature, Necessitous Persons, and some of them Scandalous; and the High Court itself hath neither Law, President, nor any just Authority for Constituting thereof or the Judges therein. And all proceedings before them are directly Contrary to Magna Charta, the Statut. 25. Edw. III. chap. 2. The Petition of Right and all other known and Established Laws, and the continual practice of our Nation; and (in many Points (Contrary to the Law of God and the Dictates of Right Reason. That these Commissioners are Incompetent Judges; Their Court an Extrajudicial Conventicle, tending to disinherit, disfranchise and enslave all the freemen of the Nation; and all Proceedings before them are void and Coram non Judice, See Col, Andrews. 3. Answers, The said High Court of Justice to be a mere bloody theatre of Murder and Oppression. It being against Common Reason, and all Laws Divine and human, That any man should be Judge in his own Cause. Neminem posse in sua Causa Judicem esse. Is the Rule in Law. But this Parliament and counsel of State know they can not establish and confirm their usurped tyranny, (The Kingdom of the Saints,) ea●e up the People with Taxes, and share public Lands, Offices and money amongst themselves: enslave the Nation to their lawless wills and Pleasures, but by cutting off the most able and active men of all opposite Parties by some such expedient as this Arbitrary lawless High Court is. The old legal way by Juries (being found by John Lilbourns trial) to be neither sure enough nor speedy enough to do their work. A butcher-row of Judges being easier packed, than a Jury who may be challenged. So that it fareth with the People of England, as with a traveller fallen into the hands of thieves. First they take away his Purse, And then, to secure themselves, they take away his life. So they rob him by Providence, And then Murder him by Necessity. And (to bring in their Third Insisting Principle) they may allege; They did all this upon Honest Intentions; to enrich the Saints and rob the Egyptians. With these 3. Principles they Justify all their villainies. Which is an Invention so merely their own, That the Devil must acknowledge: They have propagated his kingdom of sin and Death more by their Impudent Justifications, then by their Turbulent Actions.  

An Additional Postscript.  
SInce the Conclusion of the Premises hath happened, the Trial of that worthy Knight Sr. John Stowell of the County of Somerset: Who having been often before this Court, hath so well defended himself, and wiped off all Objections, and made such good use of the Articles of the Rendition of Excester, that in the Opinion of all men, and in despite of their ensnaring Acts for New Treasons, he can not be adjudged guilty of any Treason, Old or New, which was the sum and compliment of the Charge against him. Wherefore the Court put off his Trial for a longer time, to hunt for New Crimes and witnesses against him. At last came into the Court as a witness John Ashe, notwithstanding he is a Party many ways engaged against him. 1. Ashe is a Parliament man; in which capacity Sr. John Stowell bore arms for the King against him. 2ly. Ashe as a Parliament man is one of the constitutors of this Murderous Court and the Judges thereof, and therefore their Creatures (who expect rewards from them) bear a more awful respect to his testimony, than a witness ought to have from Judges. 3ly. It is publicly known that Ashe hath begged of the House a great sum of money out of the Composition for, or Confiscation of Sr. John's Estate. And 4ly. It is known to many That during Sr. John's many years Imprisonment Ashe often laboured with Sr. John to sell unto him for 4000l. a Parcel of Land which cost Sr. John above 10000l. promising him to pass his Composition at an easy rate, to procure his enlargement from prison, and send him home in peace and quiet if he granted his desire. But although with all their malicious diligence, they cannot find him guilty of High Treason, yet their Articles of Impeachment Charge him in general terms with Treason, Murder, Felony and other High Crimes and misdemeanours; and amass together such a Sozites and and Accumulation of Offences as if one fail another shall hit right to make him punnishable in one kind or other: such a hailshot charge cannot wholly miss; either they will have life, estate, or both; Contrary to the Nature of all Enditements and criminal Charges whatsoever; which ought to be particular, clear and certain (Lamb: pag. 487) that the accused may know for what Crime he puts himself upon Issue, But this Court (as High as it is) not being Constituted a Court of record; the Prisoner, and those that are concerned in him, can have no record to resort to either. 1. To demand a writ of Error, in Case of erroneous Judgement. 2. To ground a plea of Auterfois acquit, in Case of New Question for the same fact. 3ly. Or to demand an Enlargement upon acquittal. or 4ly. To demand a writ of conspiracy, against such as have combined to betray the life of an Innocent man. Whereby it follows; That this prodigious Court hath power only to condemn and Execute; not to acquit and give Enlargement; Contrary to the Nature of all courts of judicature, and of justice itself: it is therefore a mere Slaughter- house to Commit Free- State Murders in, without, nay against Law and justice: and not a Court of judicature; to condemn the Nocent, and absolve the Innocent. And the judges of this Court run parallel with their Father the devil; who is ever the Minister of God's wrath and fury; never of his Mercy.    

The humble Answer of Col. Eusebius Andrew's esquire, to the Proceedings against him before the Honourable, The high Court of Justice 1650.  
THe said Respondent (with favour of this Honourable Court) reserving and praying to be allowed, the benefit & Liberty of making farther Answer, if it shall be adjudged necessary, offereth to his honourable Court.  
That by the Stat. or Charter styled Magna Charta, (which is the fundamental Law, and aught to be the Standard of the Laws of England, Confirmed above 30 times, and yet unrepealed, it is in the 29 Chapter thereof granted and enacted.  
1. That no freeman shall be taken or imprisoned, or be disseised of his Freehold or Liberties, or Free customs; or be outlawed or exiled, or any other ways destroyed, Nor, we shall not pass upon him, but by a lawful Judgement of his Peers, or by the Law of the Land.  
2. We shall sell to no man, nor defer to any man Justice or Right.  
By the Stat. 42. Ed. III. chap. III. The Great Charter is commanded to be kept in all Points: and it is enacted.  
That if any Stat. be made to the Contrary, That shall be holden for none.  
By the Act 26. March 1650. entitled, An Act for Establishing, An High Court of Justice. Power is given to this Court; To Try, condemn and Cause Execution of death to be done, upon the Freemen of England, according as the Major Number of any 12 of the Members thereof shall Judge to appertain to Justice.  
And thereupon the Respondent doth humbly infer, and affirm, that the Tenor of the said Act is diametrically opposite to, and inconsistent with the said Great Charter. And is therefore by the said recited Stat. 42. Ed. III. to be holden for none.  
Secondly, That it can with no more Reason, Equity or justice, hold the reputation or value of a Law, (if the said Stat. had not been) then if (contrary to the 2d. Clause of the 29. chap. of Magna Charta) it had been also enacted, That Justice and Right shall be deferred to all Freemen and sold to all that will buy it.  
By the Petition of Right, 3o. Car: upon premising: That contrary to the Great Charter, Trials and Executions had been had and done against the Subjects, by Commissions Martial, &c. it was thereby prayed, and by Commission enacted. That:  
1. No Commissions of the like nature might be thenceforth issued, &c.  
2. To prevent lest any of the Subjects should be put to death, Contrary to the Laws and Franchises of the Land.  
The Respondent hereupon Humbly observeth; and affirmeth: That this Court is (though under a different stile) in nature, and in the Proceedings thereby directed, the same with a Commission martial. The freemen thereby being to be tried for life, and adjudged by the Opinion of the Major Number of the Commissioners sitting, as in courts of Commissioners martial was practised; & was agreeable to their Constitution: And consequently against the Petition of Right: in which he, & all the Freemen of England (if it be granted there be any such) hath and have Right and Interest, and he humbly claims his Right accordingly.  
By the Declarations of this Parliament, Dec. 15. & Jan. 17. 1641. The benefit of the Laws, and the ordinary Course of Justice are the Subjects Birthright.  
By the Declarations 12. July 16. Octob. 1642. The prosecution of the Laws, and due administration of Justice, are owned to be the justifying cause of the war, and the end of the Parliaments affairs managed by their Swords and counsels, and God's curse is by them imprecated, in case they should ever decline those ends.  
By the Declaration 17. April 1646. Promise was made not to interrupt the Course of justice, in the ordinary Courts.  
By the Ordinance or Votes of Non-addresses, Ian. 1648. It is assured, That, though they lay aside the King; yet they will govern by the Laws, and not interrupt the course of Justice, in the ordinary Courts thereof. 
* They forget the 2. Declarations 9 Febr. 17. March 1648.   
And therefore this Respondent humbly averreth and affirmeth, That the constitution of this Court, is a breach of the public Faith of the Parliament exhibited and pledged in those Declarations and Votes to the Freemen of England.  
And upon the whole matter, the Respondent (saving as aforesaid) doth affirm for Law and claimeth as is Right. That:  
1. This Court in defect of the validity of the said Act, by which it is constituted, hath no power to proceed against him, or to press him to a further Answer.  
2. That by virtue of Magna Charta, the Petition of Right & the before recited Declarations, he ought not to be proceeded against in this Court; but by an ordinary Court of justice, and to be tried by his Peers.  
And humbly prayeth: That this his present Answer and Salvo may be accepted and registered. Eusebius Andrew's.   

The Second Answer of Col. Eusebius Andrews Esquire, To the honourable, The High Court of justice. 1650.  
THe said Respondent (with the Favour of this honourable Court) reserving and praying to be allowed the Benefit, and Liberty of making further Answer, if it shall be Necessary. In all humbleness for the present Answer offereth to this honourable Court.  
That by the Letter and genuine sense of the Act entitled An Act for establishing an High Court of Justice. The said Court is not qualified to try a Freeman of England (such as the Respondent averreth himself to be for life in Case of Treason.  
For that: 1. The said Court is not Constituted a Court of Record; neither hath Commission returnable into a Court of Record.  
So that: 1. The State cannot upon Record (and but upon Record cannot at all) have that Account of their Freemen, which Kings were wont to have of their Subjects, and States exact else where at the hands of their Ministers of Justice.  
2. The Freemen, and those who are or may be concerned in him, can have no Record to resort to, by which to preserve the Rights due to him and them respectively. viz.  
1. A writ of error in case of erroneous judgement.  
2. A plea of auterfoys acquit, in case of new question for the same fact.  
3. An Enlargement upon acquittal.  
4. A Writ of Conspiracy, not to be brought until acquittal, against those who have practised to betray the life of the Respondent.  
1. The Writ of error is due by precedents.  
Paschae 39 Ed. III. John of Gaunt's Case Rot. Parliament. 4. Ed. III. Num. 13. Count de Arundell's Case. Rot. Parliament 42. Ed. III. Num. 23. Sr. John of Lees Case.  
2. Auterfois acquit appears by:  
Wetherell and Darley's Case. 4. Rep. 43. Eliz. Vaux his Case. 4. Rep. 33. Eliz.  
3. The Enlargement appears by:  
Stat. 14. Hen. VI. chap. 1. Dyer's Reports fol. 121. The year book of Ed. IV. 10. fol. 19  
4. The writ of Conspiracy, by:  
The poulter's Case. 9, Rep. fol. 55.  
This Court is to determine at a day; without account of their proceedings, and have power to try, judge, and cause Execution: but not to acquit or give Enlargement. So that the nocent are thereby punishable; the injured & betrayed not vindicable. Which are defects incompatible with a Court of Justice, and inconsistent with Justice itself; and the honour of a Christian Nation and commonwealth.  
2. The members of this Court, are by the said Act directed to be sworn.  
1. Not in Conspectu populi; for the freeman's satisfaction.  
2. Not in words of Indifferency and obliging in equality.  
3. But in words of manifest partiality, viz.  
You shall swear; That you shall well and truly, according to the best of your skill and knowledge, execute the several powers given you by this Act.  
1. If the Court be Triers and Judges too, it is humbly offered by the respondent, that it is but reasonable; that they should be sworn as Triers; in the sight of the Freeman who shall be upon his trial.  
2. And, That as Justices of Oyer and Terminer (They being authorised to hear and determine by the words of the Act. They should take an oath, such as is usual & equal, set down E. III Viz: You shall swear, That well and lawfully you shall serve our Lord the King, and his People in the Office of justice, &c. And that you deny to no man Common Right.  
3. Or that this Court (taking Notice of such high matters as Treason, upon the guilt whereof the Freemens life depends) should take an Oath (at least) as equal as a justice of the Peace. Dalton's Iust. of Peace, fol. 13. the words are.  
I A. B. do swear that I will do equal Right, &c. according to my best wit, cunning and power, after the Laws and customs of the Land, and the Statutes thereof made, &c.  
4. If the Court will be Judges and Triers too: (for they have power given them to conclude the Freemen, by the opinion of the major number of twelve, holding some resemblance (but with a signal difference) with the verdict of a Jury) it were but reasonable that they should take an Oath correspondent to that usually administered to jurymen. The words are,  
You shall well and truly try, and true deliverance make, between the Keepers of the Liberties of England, and the Prisoner at the Bar, according to your Evidence. So help you God, &c.  
5. When this Court (as it is now constituted) hath condemned a Freeman, by applying their skill and knowledge to the power given them, whether justly or not: the Oath enjoined them by the Act 26. March 1650. is not broken, literally; as to be exactible by man, though God will have a better account.  
And therefore upon the whole matter premised: The Respondent (saving as before) averreth for Law and Reason; This Court by the words of the Act constituting it; is not qualified, (in respect of the objected defects) to pass upon him for life in case of Treason. And prays this his 2l. Answer may be received, with the salvoes, and registered.  
Eusebius Andrew's.   

The third Answer of Col. Eusebius Andrews Esquire, to the honourable, The High Court of Justice 1650.  
THe said Respondent (with favour of this Honourable Court) reserving and praying to be allowed the benefit and Liberty of making farther Answer, if it shall be necessary, in all humbleness for present Answer offereth to this honourable Court,  
1. That it is his Right (if he admit this Court to be duly and legally established, and constituted as to their being a Court) to be tried by his peers; men of his own condition and Neighbourhood.  
2. That it is within the power of this Court, by the Letter of the Act 26. March 1650. Or (at least) not repugnant to the Act; to try him by such his peers, &c.  
1. That it is his Right to be tried only so, appears by: 

Mazna Charta chap. 29.  
25. Ed. 3. chap. 9  
28. Ed. 3. chap. 4.  
42. Ed. 3. chap. 3.  
25. Ed. 1. chap. 1. and 2.  
25. Ed. 3. chap. 2. and 4.  
37. Ed. 3. chap. 18.    
By all which this Right is maintainable; And the Proceedings contrary thereunto will be held for none, and to be redressed as void and erroneous.  
So that if the laws and Courts were not obstructed in the cases of some sort of Freemen of England, the whole proceedings contrary to these laws without a Jury of his peers, were avoidable and reversable by Writ of Error, as appears by the precedents vouched in the Respondents 2d. Answer.  
3. That it is in the Courts power, To try the Freeman, and consequently the Respondent by a Jury, of his equals; The Court is humbly desired to consider the words of qualification.  
1. The Court is authorised; To hear and Determine: and so (if at all Commissioners) than Commissioners of Oyer and Terminer, and such Commissioners, in their natural Constitution and practical execution, do proceed against Freemen according to Law by a Jury of their peers, and not otherwise.  
2. Authorised to proceed to trial, Condemnation and Execution: But not restrained to the manner limitative: As, to trial by the Opinion of the Court, as Triers. Nor exclusive, As, to trial per pares. But is left in the Manner, as in the Judgement itself, To the Opinion of the major part of 12. and if they shall think fit to try by a Jury, it will be no offence against the Act, there being no prohibition to the contrary.  
And though this Respondent insisteth upon his said Right, consisting with the Courts said power, and the more to induce the Court to grant him his said Right; He humbly representeth the wrong done to himself, and in him to the Freemanzy of England in the following particulars, against their just Rights depending upon such trials to be allowed or denied.  
1. Challenges to his Triers peremptory, or with cause of Challenge.  
2. Seeing, hearing, and Counter-questioning the witnesses for clearing of the Evidence; in matter of Fact and Circumstance.  
3. The being convicted or acquitted by a Full and fully consented verdict.  
To all which benefits as his undoubted Right, and the Right of all the Freemen of England, the Respondent maketh claim by these Reasons, Laws and precedents following.  
1. The benefit of Challenges by the learning of Stanford in his Pleas of the Crown, Title Challenge fol. 150. To Challenge 35. without Reason showed; and with Reason shown, without Number Adjudged 32. Hen. VI. in Poining's case, abriged by Fitzherb. Tit. Challenge, fol. 26. allowed in Hillary 1. Iac. S●. Walter Raleigh and Brooks.  
2. To the hearing and questioning the value and weight of the witnesses. The Laws are plain in Stanfords pleas of the Crown fol. 163. 164. Stat. 1. and 2. of Phil. and Mary, Chap. 10, 11. 1 Ed. VI. chap. 12. Cook's 3. Institut. pag. 12. upon the words in the St. 25. Ed. III. chap. 2. (Provablement attaint) Because the punishment was heavy, the proof must be punctual, and not upon presumptions or Inferences or strains of wit, nor upon Arguments simili, or Minori ad Majus, &c. But upon good and clear proofs, made good also by the Stat. 1. Ed. c. 6. 19 Ed. c. 1.  
3. A verdict by Jury passeth from all, or not at all, In this way of proceeding by the Court immediately: it passeth by way of concurrence (or voting) the great fault found with the Star-Chamber; and all Commissionary Courts, proceeding without presentment or or indictment.  
4. A Verdict passeth from a Jury before discharged, upon their Affairs of business, or supplies of Nature; to prevent corruption by money or power. In this way of trial a man may be heard to day, and a Sentence given at leisure, when the power and will of those by whom the Freeman is prosecuted, be first known. And from such a proceeding this Respondent can hope little equality; he being (to his knowledge) forejudged already by them.  
And therefore (if at all this Honourable Court think fit to proceed to a trial, of this Respondent) he claims the Benefit of trial per pares: by Evidence viva voce. And rests on the Opinion of the Court; saving (as formerly) Liberty of farther Answer, if over ruled.  
And prays that this his Answer and Salvos may be accepted and registered. Eusebius Andrews.