THE LAMB TAKING OF THE wolf; OR, THE GENERAL CHARGE or Articles of high treason against six great Traitors, and Wolves of this Commonwealth. BY Tho: Elsliot, Esq. Esquire at Arms and Conq of the Gent. of the long rob. Whereunto is annexed, His Appeal against the Injustice of some Members of the Committee of indemnity. LONDON, Printed in the year 1652. To the honourable Mr. Justice roll, Chief Justice of the Upper Bench, before the KEEPERS of the LIBERTIES of ENGLAND by Authority of Parliament, and the rest of the Reverend JUDGES of the same Bench. THe Just, True, and perfect Charge and Remonstrance of Thomas Elsliott Esquire; Esq; at Arms, Conqueror of the Gentlemen of the long rob, now or late satan of this Commonwealth by Gods providence his innocency and sufferings, and your Honors Justice by way of Articles in general against the persons hereafter name, as well on his own behalf, being a Freeborn person of this Commonwealth and Nation; and on the behalf of the said Keepers, and of every Freeborn person of this Commonwealth and Nation, as also on the behalf of the Army, Raised and established by Authority of Parliament, for the defence thereof, and the said Keepers now under the Command of Oliver cromwell Esquire, Captain-General of all the English Force, and Lord Governor of Ireland. The persons which the Esquire Elslyot nameth to your honours Bench, bee John Glyn Esquire, late high Steward of Westminster, and late Member of the honourable Parliament of England, and late Recorder of London, and now Sergeant at Law. Edmond Prideaux Esquire, late one of the Keepers of the Great Seal of England, and now, or late Member of Parliament and counselor of State, and Attorney general for the State of the Commonwealth of England, and Postmaster-General by Usurpation and Monopoly. Thomas Twisden Esquire, now, or late Recorder of Maidston in Kent, and William wild Esquire now or late of the middle Temple London, all of them gentlemen of the Long rob, and Gerrard Angious Esquire, called the Lord Angiers of Ireland; and George Broom, gent. now or late an Attorney of this honourable Court. And the said Esquire Elslyot Remonstrateth unto your honours and Bench, that whereas the Law of th●… Nation is a Law sacred, and profitable, and reasonable, as being grounded upon the Law of Almighty God, rendering every man his own impartially, and never disagreeing from Reason, justified and approved in all Ages, by the sage and prudent Judges, held by the Common people in great estemation, and reverence for the certainty and infallibility thereof, being decored with all lawful Usages, Customs and prescriptions, and upon ambiguities and enormities, conting nt evermore, reduced and bounded to and within Statutes, by the wisdoms of our Progenitors in Parliament by Acts, which did teach every man his duty to God and his Prince; and now to the State, as also to his neighbour, to the great honor of God, glory of this Nation, and the Common Vicinity. And the said Esquire Elslyot further Remonstrateth unto your honours and Bench, that whereas by the Laws and Statutes of this Nation, it is not unknown to your Lordship and Bench, That all ravenous, noisome, and pestilent beasts of the Commonwealth, as Wolves, Foxes, and such like, were utterly to be destroyed and rooted out of the same, together with the Vermin thereof, to the end that neither the Lands not the Sheep of this Commonwealth might be hurt or destroyed, but increase and multiply to the benefit and common Utility of the Staple Commodity of this Nation; it being Wool for which the Nation hath been and is to this day so much honoured throughout the whole world; and thereby the wise opifex rerum was pleased to grace this Nation, and signify to foreign Nations, That the english Nation were a Wise and Ingenuous People, and had such a Law Established amongst them, as no other Nation had( being the common Laws which are commonly and equally good to every person living in the same Nation, neither sparing the greater for his greatness and power, nor yet despising or disprotecting the poor & innocent how mean soever, but that Justice that was equally communicated to each, as an emblem to the great Justitier Jehovah. And therefore the said Esquire Eslyot by way of Article and Charge against the said John Glyn, Edmond Prideaux, and Thomas Twisden doth say and accuse, and will aver, justify and prove, in his several capacities, and all the capacities above mentioned, unto your honour and Bench, and that with hazard of life, or such other punishments as your honor and Bench shall inflict, in case he falsely accuse the said persons that they & every of them in their several capacities above name, be guilty of high Treason, and be Traitors and Enemies to this Commonwealth, taking the engagement most traitorously, in labouring and endeavouring to destroy and subvert the Fundamental and common Laws of this Commonwealth by Injustice. by their secret counsels and public actions against the Keepeas, &c. The said Esquire Elslyot, a Free born person of this Nation, and divers other Free born persons of this Nation, and have several times most traitorously conspired together to destroy the Army raised by the Authority aforesaid, by their Machinations and nequitious counsels: And that they, and every of them bee guilty of several murders and felonies perpetrated and committed against the known Laws and Statutes of this Nation: And that they and every of them be Perjured persons, Bribers, Extortioners, Ambodexters, Cheaters, Oppressors, and Deluders of the Free born Persons of this Nation; and they and each of them being Ministers of Justice, and having taken an Oath to administer Justice to the People of this Commonwealth; but breaking their Trust reposed in them, be guilty of a praemunire, being evil Beasts and ravenous Wolves of this Commonwealth, and that each of them being Gentlemen of the Long rob, have committed the said offences wilfully and maliciously since the sitting of this present Parliament. And the said Esq; Elslyot doth likewise accuse, charge, and will prove that the said William wild, George broom, and Gerard Angiers, be guilty of high Treason, and be Traitors and Enemies to the Commonwealth and Army, for all the Offences aforesaid, and in manner and form aforesaid; save that the said wild and Broom be not guilty of murder, and save that Gerard Angiers is not guilty of murder, bribery, extortioning and ambodextory, nor is guilty of a praemunire, as the rest five be in their capacities, And therfore the said Esquire Elslyot in his several capacities doth pray advisement of your honor and Bench, and that the said Traitors may speedily be put to Caption, and to be proceeded against as Traitors according to the Laws and Statutes of this Nation, and that this Overant may be admitted to Counsel, Learned in the Laws of this Nation, to assist him in the drawing up of the said Traitors Charges particularly. This is a true copy of the Record delivered in open Court at the upper Bench Bar unto Mr Andrew Broughton, chief Clerk of the Capital, upon Friday the 28. of Novemb. 1651. being the last of Michaelmas Term last, to remain upon Record to future Ages; The true Duplicate whereof was delivered upon the monday following, unto the Judge Advocate, to be communicated to his Excellency and Army. By THO. ELSLYOT, Ar. Ar. Conq; To the Honourable M. Justice Roll, Lord Chief Justice of the Upper Bench, before the Keepers of the Liberties of England by Authority of Parliament, and the rest of the Reverend Judges of the same Bench. ARTICLES particular exhibited by Thomas Elsliot Esquire, Esquire at Arms, conqueror of the Gentleman of the long rob, now or late satan of this present Commonwealth, by Gods Providence his innocency, and sufferings, and your Honours Justice in pursuit of his Accusation, Charge, and Remonstrance by way of Article general exhibited in open Court upon Friday the 28 of November 1651. against John Glyn Esquire, late Steward of Westminster, and late Member of the Honourable Parliament of England, and late Recorder of London, and now Sergeant at Law, and Edmond Prideaux Esquire, late one of the Keepers of the Great Seal of England, and now, or late Member of Parliament, and councillor of State, and Attorney General for the State of the Commmonwealth of England, and Postmaster General by Usurpation and Monopoly; Thomas Twisdon Esquire, now, or late Recorder of Maidston in Kent, and William Wild, now, or late of the Middle Temple London, all of them Gentlemen of the Long rob, and Gerard Angiers Esquire, called the Lord Angiers of Ireland, and George Broom Gent. now, or late an attorney of this honourable Court for their several Treasons and other offences by them perpetrated and committed since the sitting of This present Parliament in their several capacities mentioned generally in the said Esquire Elsliots general Articles by him charged against them in his several capacities, as well on the behalf of himself being a free born person of this Commonwealth, and Nation, and on the behalf of the said Keepers, &c. and of every free born person of this Commonwealth and Nation, as also on the behalf of the Army raised and established by Authority of Parliament, for the defence thereof, and the said Keepers, now under the command of Oliver cromwell Esquire, Captain General of all the English Force, and Lord governor of Ireland. IMprimis, the said Esquire Elsliot doth Articulate and say, and will justify, aver and prove, That all the before name persons, and every of them in their several capacities, and that under the pains and penalties laid down in his general Article, be guilty of high Treason, and Enemies, and Traitors to the Honourable Parliament of England, and have laboured and endeavoured to destroy and subvert by injustice the Fundamental and Common Laws of the same; and having taken the Engagement, be Traitors and Enemies to this Common wealth, and the Army raised by the Authority of Parliament, for that They and every of Them since the Battle of Edgehill, which was upon the 23 of Octob. 1643. and ever since the late Tyrant charles Stuart the elder sometimes King of This Nation, until the 3. of Sep. 1651. have most traitorously conspired together and endeavoured to destroy the Parliament and Army, by assisting the late Tyrant, his evil Councellors and Complices, with horse, money or Arms, to arm Papists, Malignants, Delinquents, and other evil affencted persons in a hostile manner to destroy the Parliament and Army, and their friends, and assistants, and otherwise with their pernicious councils and secret intelligences from time to time given to the common Enemy and his confederates. Secondly, That the said Glyn and Prideaux two of the said Traitors, being both of Them Members of the Parliam. with their complices, as yet unknown to the said Esq. Elsliot, but with the advice of the other 4 before name Traitors, yet( but second brothers, and men of mean estate) and on purpose to advance Themselves by rapine and unjust gain, did in pursuance of Their foresaid traitorous design, writ letters to Their elder brothers living in Somersetshire and Wales, being men of some Fortune and Command in their Countries, and did encourage Them to raise and take Arms, and enter into open hostility against the Parliament, Army, and Commonwealth, which was accordingly done by the power and countenance of the Two before name Traitors, being assured of impunity, or little or no punishment That should befall Them in case the late Tyrant & his parties did not prevail. Thirdly, That the 2 last name Traitors, with Their complices, as yet unknown to the said Esq. Elsliot, but with the advice of the other four before name Traitors, did from time to time ever since, both in the L. Gen. Essex, the L. Fairfax, and this present Generals time( notwithstanding several great sums of money have been raised upon the free born persons of this Nation for the use of the Army and the Soldiery thereof, yet have They by Their machinations, and most nequicious councils, obstructed and diverted the payment thereof to the several Generals and soldiery, insomuch That many a soldier who had done faithful and good service in the simplicity of his mind for the justness of the Parliaments cause, glory of God, and honour of the Nation, and Commonwealth, have perished for want of food, or his pay for to buy it, to the great dishonour of God, and shane to the Parliament and Nation; and all this was done by the said Traitors purposely, witting, and wilfully, to discourage the Army, and Parliament, and soldiers, to the end that the Enemy and his party might prevail. Fourthly, That the said two traitors last name, with their complices, as yet unknown unto the said Esq. Elsliot, but with the advice of the four before name traitors, in further pursuit of their traitorous design, after the said Glyn was elected and sworn Recorder of the City of London, did labour, seduce, and persuade the Lord Maior, Alderman, and Citizens of London, from time to time, and at all times, during the time of his Recordership, to alienate and estrange their hearts, affections, purses, and assistances from the Parliament and Army, upon all necessitous and emergent occasions, upon the several contingences of the war, and did much vilify and dishonour the public Faith of the Parliament and Nation, insomuch that the Honourable Parliament of England, upon great exigencies of affairs, were many times necessitated to borrow money of the Citizens upon dishonourable terms. Fiftly, That the said two Traitors last name, with their complices, unknown to the said Esquire Elsliot; with the advice of the four traitors before name, further in pursuit of traitorous designs, did upon the 20. day of April 1639. or thereabouts, falsely imprison, and cause the said Esq; Elsliot( always a servant, and a well affencted person to the Parliament and Army, and a freeborn person of this Common-wealth) in the Lobby at the Parliament house door, to be arrested by colour of warrant, directed to one John Drayton Barber, then a Constable of Westminster liberties, under Glins hand, as Recorder of London, for supposition of speaking of treason; and to be long detained prisoner without Bail or mainprize, for no other cause, but for advancing of the honour of the Parliament and their then general; and in saying, that the late Tyrant claimed the Crown and successive dominion of the nation, to be his inheritance from Henry Tudor, called Henry the seventh, whose Grandfather was Oven Tudor gentleman-usher to Henry the sixth his wife; which all men that have red the Chronicles know to be true, on purpose to discourage Esq; Elsliot from serving of the Parliament and Army, with his life, fortune, and good affections. Sixthly, That the two traitors last name, with their complices, unknown unto the said Esq; Elsliot, with the advice of the before name four traitors, further in pursuit of their traitorous design, did at the time when the late Tyrant was prisoner at Holmby-House; that is to say, in the month of April 1647. traitorously labour, practise and persuade divers Honourable members of this present Parliament, to disband the army raised for the defence of the Parliament and Nation, before the peace of the Nation was settled, to the great hazard, peril and danger of Parliament, Nation and Army, and to the utter ruin and destruction of the laws of this nation, and every free-born person thereof. Seventhly, That the said two traitors last name, with their complices, unknown unto the said Esq; Elsliot, with advice of the before name four traitors, in further pursuit of their traitorous design, did afterwards in the month of July 1647. following, joining with the Apostate Lords of the dissolved house of Lords, most traitorously conspire, practise and endeavour, to raise a new Army in the City of London, to oppose the Parliaments Army, for coming to petition the Honourable Parliament, and did in further pursuit thereof, create, constitute and make colonel massy and colonel Pointz, two arch enemies of this Common-wealth, to be Commanders, without orders from the Lord general Fairefax then the Parliaments general: And did at the same time, countenance, abet and maintain colonel Pointz in a certain murder, by him perpetrated and done at Guildhall London, in the presence of the said Glyn then Recorder, the then Lord Mayor and Aldermen, upon the Person of one Worlie, alias Worthey, tailor, a Citizen and free-born Perfon of England, who came with divers others, humbly to petition the Mayor and Court of Aldermen, that there might bee no war levied against the Parliaments Army, and suffered the said Pointz to escape unquestioned, unapprehended, and unpunished. And at the same time with menaces, they caused William Lenthall Esq; the Honourable Speaker of the parliament of England, to leave the Chair in the House, and to fly to the Parliaments Army for protection and succour, to the great hazard of the dissolution of the Parliament of England, and utter subversion of the Laws and fundamental constitutions of this nation. Eigthtly, That the said two traitors last name, with their complices, unknown unto the said Esq; Elsliot, with the advice of the four traitors before name, in further pursuit of their de-design, did afterwards, that is to say, in the month of December 1647. after the late Tyrant had escaped from Hampton-Court, and was surprised by colonel Robert Hamond in the Isle of Wight, did traitorously practise, labour, and endeavour, still to destroy the said Parliament and Army, by colour of disbanding the Supernumeraries, but especially, his Excellency the Lord Fairefax lifeguard, on purpose to discontent them and their friends in the Army; and in the mean time, they sent their emissiaries into Scotland to Duke Hamilton, to make ready an Army against the Spring of the year following, to be at their devotion; which accordingly they did effect and bring to pass. And not so contented, they privately corrupted the said Colonel Hamond, with large rewards and allowance of 40 l. per diem, out of the Common-wealths money, to be also at their devotion. Albeit he was entrusted by the army, with the custody of the person of the Tyrant, yet did they prevail in their design, and drew the said Colonel Hamond from his fidelity to the general Fairefax and his avant General the now general, to the said Colonel Hamonds perpetual shane. And thereupon, in further pursuit of their traitorous designs, they with the assistance of Thomas Twisden, then Recorder of Maidston, but with the advice of the three before name traitors, caused the late uproar in Kent, and that effusion of blood at Maidstone at the battle near the Bridge, on or about May 1648. And not therewith content, they practised much about the same time with the late Lord Capel, Lord Goring and earl of Holland, and their complices, to take Colchester in Essex from the Parliaments obedience, on purpose to retard and keep the Parliaments General the Lord Fairfax from the assistance of his avant General cromwell now Lord General, who they had embroil in Wales with Poyer, Powel, and other the Parliaments enemies, until the Scotish Army could be brought into this Nation to invade it; which was accordingly effected by the traitorous designs of the said traitors, to the great hazard of the destruction of the Parliament and Army, and utter subversion of the laws of this Nation, and the ruin of every free-born English-man. Ninthly, That the three traitors last name, with their complices, unknown unto the said Esquire Elsliot, with the advice of the three other before name, in further pursuit of their design, did afterwards, that is to say, in the month of August 1647, and after the defeat of the Scotish-Army, under the command of Duke Hamilton, who had traitorously invaded this Nation, by their traitorous counsels, and most inequicious machinacions; being sensible of their treasons, and for fear of vengeance from Heaven, did seduce, draw, and persuade divers Members of the Honourable House of Commons of the Parliament of England, together with the Apostate Lords of the Lords House in Parliament, now dissolved by divine providence, for their unjustice to consent to a dishonourable treaty with the late Tyrant, then their prisoner in the Castle of Carisbrooke, on purpose to gain an Act of Oblivion; and so consequently a general pardon for themselves, for their several treasons perpetrated and committed as aforesaid, to the great dishonour of Jehovah, the great God of Heaven and Earth, who had all the way so gloriously appeared for the Parliament of England and their just cause, and for the Army, in giving them so many victories over his and their Enemies; out of which Treaty the Army was totally secluded, as if they had neither been free-born persons of this Nation or Common-wealth, nor yet had any share in the victories, or in the great things that the Lord of Hosts had done for them; At which Treaty it happened the said Esq; Elsliot to be present, sore against his will, then a prisoner under Colonel Hamond, but most falsely imprisoned, with the late Tyrant in Carisbrooke Castle, but having liberty of the Isle at the time of the Treaty; and perceiving that the said Treaty would be destructive to the Parliaments Army and Common-wealth, and to every free-born person of this Nation; the said Esq; Elsliot uttering of his dislike thereof to divers souldiers under the command of Colonel Hamond, he was forthwith convented before avant Colonel Sanderson, Colonel Hamonds avant colonel, who sore rebuked him for his dislike, and threatened him to loose the benefit of his freedom of the Isle, if he held not his peace. nevertheless the said Esq; Elsliot, did not conceal the great inconveniency to the souldiers and others, if the same Treaty should take effect, whereupon the Tyrant was again reassumed out of the hands and custody of Colonel Hamond, and his hypocrisy to the Army being discovered, he was dismissed of the government of the Isle; and being chashired the Army, he was committed prisoner to Windsor Castle, where he is, or ought to be a prisoner during his life, without the mercy of the Army, for breaking of his trust with them; but it was a just judgement of Heaven upon the man, for a certain murder which was committed wilfully by him at Gloucester, upon the body of one Gray, a gallant gentleman of this Nation, as the Esq; Elsliot hath heard; for which the said Esq; Elsliot hath not as yet heard that he hath been legally tried or acquitted for the same, to the great dishonour of God and the laws of this Nation, both legal & military. Tenthly, That the three last name traitors, with their Complices, unknown unto the said Esquire Elsliot, with the public advice of the three other traitors before name, in further pursuit of their malice and envy to the Army, and the Members thereof, seeing their traitorous they design could not effect, after the public Declaration of the Grand Remonstrance of his late Excellency the Lord Fairfax, and the general officers made at Saint Albans, and after the decapitation of the late Tyrant, their great idol, and after the making and publishing of the Act of Parliament, dated the 30th of January, 1648. for Alteration of style, Testes, and Returns of Writs, prescribed by the said Act, for that the said Esquire Elsliot had endeavoured to put the same in execution, to the end, the Common Law of this Nation might not be destroyed, but that the Souldiers of the Army might have the benefit thereof, as well as any other free-born person of this Nation, they the said traitors altogether did upon the 4th of February 1648, most maliciously conspire, plot, and endeavour, to vilify the Authority of Parliament, and stop the free Current of the Common Laws of this Nation, and would not permit the Sealers of green wax office to seal my Writ for Robert Kindersly Gent. a soldier and Member of the Army, against one Carter a Justice of Peace of Middlesex, who had falsely imprisoned the said Kindersly, unless it were made in the Name of the late Tyrant, and not in the Name of the Keepers of the Liberties of England by Authority of Parliament, and the like offence they committed against the Parliament, and the Keepers, &c. and the Common Laws of this Nation, and would not permit to be made process of the Law against the said Gerard Angiers at the svit of William Pain, brother to Thomas Pain, then a Member of the Army, for a just debt of 60 l upon bond, but because the said Esquire Elsliot, always a Servant and weather to the Parliament, and Army, did endeavour to put in execution the said Act of Parliament on the behalf of the Members of the Army, and to maintain the common law of this Nation, all the before-named traitors did conspire to take away the lives of the said Esquire Elsliot, and divers Souldiers of the Army, who sought but for Justice, and to maintain the Authority of Parliament, the supreme Judicature of this nation. And by their false accusation caused the said Esq; Elsliot, and souldry, to be tried for their lives at a Court Marshal, where they were acquitted; but the said traytors, not therwith content, but still further labouring to destroy the fundamental laws of this nation, they caused to be brought in the upper Bench, at the said Gerards svit, a feigned action against the said Esq; Elsliot and one Brown a bailiff, by false names and titles, and without his ever being arrested, appearance, or pleading to issue, they recorded a verdict by default, as they pretend, and damages against the said Esq; Elsliot for 1000 l. damages, of which treason and unjustice against the law of the nation, the like was never heard tell of in any age, and did lately endeavour to trap the said Esq; Elsliot to execution for the said damages of 1000 l. and costs, and all for endeavouring to put in execution the Act of Parliament, for making of the first writs of the common laws of this nation in the Keepers, &c. names, and their behalf, and to gain the souldiers, and members of the Army justice according to the known laws of this nation, and the Parliaments Act, the said 30. day of January 1648. Eleventhly, That all the six before name traitors, for envy and malice to the now Lord general cronwell, then Lieutenant general of this present Army, and Lord governor of Ireland, and after his Excellency had accepted the Parliaments Commission for scourging of the Irish Rebels, and after the great victories it pleased the living God, the Lord of Hosts to give his Excellency and the Parliaments Army, upon there landing in that nation, both after his defeat of the arch traitor, and Apostate the earl Ormond's Forces, at Dublin in Ireland, and after the storm of Drogheda, which was about the month of September 1649. the traitor Prideaux being Postmaster-generall by usurpation and monopoly, was pleased, but most traitorously, to keep any intelligence of the news, and good things that God had done for our brethren in that nation, from the people of this nation, to the intent to rob God of his glory, and to eclipse the noble governor of the honour due to a faithful general, and to make the Common-wealth to despair of their interest in that nation; and the traitor Gerard Angiers was pleased to speak merrily, but traitorously at his table, that there were many Irish bogs in that kingdom, which his Excellency and his horse had not yet sounded the bottom, but if ever cronwell returned alive from Ireland, he would desire to live no longer: and all the before name traytors frequently gave it out every where in their ordinary discourse, that the Parliament had sent him on an errand, but did never intend that he should return, on purpose to asperse the Honourable Parliament of England with injustice, and to alienate the hearts of every free born person of England from their obedience to the Parliament for injustice. 12. That all the before name traitors, of their forethought malice, and rancour of spirit to the Parliament, army, and Common-wealth, and to their wel-wishers and friends, have from time to time, since the beginning of this present Parl. until the 3d of Sept. 1651. last past, at several times, to their uttermost endeavours, under pretence of service to the Parl. and State, endeavoured and laboured to murder and destroy by false accusations, and false aspersions, and otherwise by false imprisonment, the free-born persons of this Nation, and none but such as have sincerely out of a good conscience behaved themselves manfully and cheerfully for the good of the Commonwealth; as namely, Lieut. Col. John Lilburn, who the Traitor Prideaux falsely accused and arraigned for his life, under pretence of high Treason, albeit he was honourably acquitted upon a fair trial, and albeit the said Traitor knew that he hath suffered more persecutions for the testimony of a good conscience, then any man in the Nation: As also one Philip Chetwyn, a common-council man in Cheapside, who hath always been faithful to the Parliam. army, and stood for the general of the Nation, and city of which he is a member; yet did the said two Traitors, Glyn and Prideaux, by conspiracy and unjustice practised with one Thomas Foot a Grocer, late Mayor of London, cause the said Chetwyn to be long time disgracefully imprisoned in the prison of Newgate, and afterwards removed to Warwick Castle, and long kept in prison, and to be denied the benefit of a Habeas Corpus, against the known Laws and Statutes of this Nation. And the said Traitors have also scurrilously derided the Doctrine of M. Hugh Peters, a godly Minister of Jesus Christ, and an assistant to the General and army, by encouraging the souldiers in the army to their duty to God, the Parliament, and Common-wealth. 13. That the three of the first name Traitors, still continuing their forementioned diabolical intentions and traitorous designs, with the advice of the three other traitors last name, and their complices, unknown to the said Esq; Elsliot, did in the month of June, 1650. after the now Lord Generals return with many Victories out of Ireland, secretly practise, consult, and conspire together with divers citizens of the city of London, and other evil affencted persons of this Common-wealth, to destroy the members of the honourable Parl. from electing the L. General to be Capt. General of the English forces; or at any such hand to invade Scotland or the common enemies of this Nation, under pretence that they were our Brethren, and that we had taken a National covenant together; which was to no other purpose, but that our enemies the Scots should again the second time have invaded this nation, or else to retard time that our enemies the Scots might the better arm themselves to destroy the Parliaments forces: and yet for all that, the said traitors and their confederates held correspondency with one bounce, sometimes an Alderman of London, and with Massy and others, arch enemies to this present come. wealth; and albet, they knew that divers foreign nations had contributed Auxiliacions to charles Stuart the younger, and had agreed with the Scotish nation to crown him their King, on purpose to disturb the peace of this Nation: And the said Traitors and their complices did from time to time privately assist their Brethren of Scotland, as they termed them, with money, horse and arms out of the Low Countries: And after the battle of Dunbar in Sept. 1650 following, in stead of rejoicing, did speak scornfully and contemptuously of the English Army, and gave out from time to time, that they hoped to see their friend Massy, with charles Stuart the vanquished K. of Scots, whom then called charles the second, to be here at London ere long, with many vilifying speeches uttered against the Parliaments army under the now Generals command. And according to the speeches of the said traitors, our enemies the Scots did indeed invade this Land in August 1651 last, and were most of them destroyed, or taken prisoners at the battle at Worcester, fought the third of September last past, by Gods providence, and to his Glory, and the perpetual honour of this present nation and Commonwealth; albeit Esq; Elsliot could not as yet hear, that the Kentish men did cheerfully assist the Army at the battle, as other countries and their forces did, all occasioned by the treacheries of the traitors aforesaid. By all which it is evident to the Common-wealth, and to the freeborn persons thereof ▪ that the beforenamed traitors did begin their treasons on or about, the 23. of Octob. 1643 in pursuit of their traitorous design, and have ever since continued the same, until the 3 of September last. 14. That the 3 first name traitors, and every of them, to be murderers and felons, and guilty of the blood of Worley alias Worthey aforesaid, a Citizen and freeborn person of this nation, slain by the said hand of colonel Pointz, in aiding, counseling, and abetting of him to commit the same in the Month of July 1647, as before hath been related: and be also guilty of embezzling of a Record of an Act of Parliament, made in the later end of Queen Elizabeths Reign, between Gabriel Pointz and James Morris Esquires, upon joining of their estates together, touching certain lands in Onger North-okendon, and elsewhere, lying in Essex and London, to defeit the lawful heirs of the said Gabriel and James, with the assistance of John Brown late clerk of the Lords house in Parliament; and be also guilty of murder of the blood of one Thomas Hobson, late of North-somercotes in the County of Lincoln, murdered by the hands of Sir Gervase Scrope K nt, and Geo. Porter Gent. two arch malignants and their servants, but by the said traitorous unlawful command, in the month of September last past. And be all three of them guilty of a praemunire, for that in their several capacities they and each of them have taken an oath to do justice to the people of this nation, but have not: And first the said Esq; Elsliot saith, the traitor Prideaux in his capacity, as he was one of the keepers of the great seal of England, erected and confirmed by Authority of Parliament, and taking of an oath, well, and truly to behave himself in his place, and to administer Justice impartially to every free born person of this nation without corruption and bribery, did pervert the due course of Justice in a certain cause then and yet depending in the high court of Chancery, between one Wood plantif, and John Lamott and other defendants, after several decrees rendered in the said Court; and in thirty five several other causes then depending before him, being corrupted by bribery, and unlawful gain, and so is also guilty of perjury, and is also guilty of Ambodextory as he is a Gent. of the long rob, in taking of fees of both sides in a certain cause late depending in chancery the last hilary Term, between Mary Ward Widow plaintiff, and Sir Brian palms K nt defendant, an Arch Malignant and a sequesterd delinquent of this Commonwealth; yet did he forsake his own client the widow, who retained him, and took fees of the defendant, to oppress the widow and innocent. And the said Traitor Prideaux, hath laboured to destroy the Fundamental Laws of this Nation, several ways by Injustice, and his pernicious Counsels, and in especial by his Writing of Letters to the now Justices of the Peace of Essex, to keep the said Esquire Elslyot four months in Irons, being a Fteeborn person of this Nation, and unconvicted as yet for any crime whatsoever; and as he was a councillor of State, the better to colour his malifactions, he procured a Letter from one John Bradshaw, who they affirmed to be the Lord Presidents of the Counsel of State, directed to the Sheriff of Essex, to keep the said Esquire Elslyot in Irons without Bail or Mainprize; and when this last Michaelmas Term there was a Motion at the upper Bench bar, for a Habeas corpus, the said Traitor Prideaux, together with the other 4 Traitors, Glyn, Twisden, wild, strongly opposed it; moved against it, contrary to an Act of Parliament, made since the sitting of this present Parliament, and other the known Laws of this Nation, albeit the same Writ was granted, and the Esquire Elslyot was brought to the bar, and acquitted by Gods Providence, his own innocency and sufferings, the Justice of this honourable Court, and their feigned Mittimus was damned and declared voided and insufficient in Law, together with the feigned Letter, supposed to be written from the Lord President of the Counsel of State, and besides the unjustice done unto the said Esquire Elslyot, he hath done great unjustice unto John Morris, alias Pointz, in a cause depending in the upper Bench, and several other Courts of Justice, between the said Morris and Sir Thomas Littleton and others, touching the said Pointz Estate in Essex and London: And that the said Traitor Prideaux, together with all other before mentioned Traitors, be guilty of the unparraled piece of Injustice done unto the said Esquire Elslyot at the Committee of indemnity, in the Month of March, 1649. when Col. Hamond was indemnified contrary to the intention of the honourable Parliament of England, after he had most unjustly imprisoned the said Esquire Elslyot in the Isle of Wight, and the said Esq. was forced to procure him to be outlawed for his non appearance at Law, and yet it was ordered that the said Esquire should reverse his Outlawry at his own svit, and pay Hamond and his Complices above 60 l, or else be imprisoned, under which the said Esquire hath languished this year and a half and abov, contrary to all Law, Equity or Reason, And that all the said Traitors, except Gerard Angiers, be guilty of that notorious Juggle with the general and honest Member of the Parliament and Commonwealth, who do not desire to imprison the Members of ●esus Christ; the poor prisoners in every prison of the Commonwealth, who be not bona fide, able to pay their debts, but enlarge them according to the true intent of the Act of Parliament, whether they were imprisoned at the time of the making of the Act, or since, if bona fide, they be poor and unable, and yet no benefit redowneth unto the poor prisoners by the said Act, in regard of the intricateness and many hinges it depends upon, as it is Penned by the said Traitors and their Complices, as yet unknown to the said Esquire, and that the said Glyn, Twisden, and wild, be guilty of the Ambodexteries charged against the Traitors, Predeaux, in Morris, alias Poyntz's case; but the said Broom and wild, be not guilty of murder, nor yet Gerard Angiers is guilty of murder, bribery, extorting, and Ambodextery, of a praemunire; but the whole six Traitors be guilty of Treason, and the other offences charged and articled against them, in manner and form aforesaid: And therefore the said Esquire Elslyot saving unto himself in his several capacities, liberty to prefer any other particulars Charge against the say● Traitors, as he shall receive intelligence from the freeborn persons or this Nation: He as formerly, doth humbly pray advisement of your Honor and Bench, in what manner the said Traitors shall be proceeded against according to the Laws and Statutes of this Nation, and that they may be speedily put to Caption, and this overant may be admitted to counsel Learned in the Laws of this Nation, to assist him in drawing up their Indictments or Informations, and future Charges, and to manage the Evidence against them, according to Justice. This is a true copy of the Record delivered to Mr, Andrew Broughton Chief Clerk of the Capital Office, upon monday the 2 of December, 1651. there to remain upon Record to future Ages, by special directions, the true Duplicate whereof was delivered the same night unto the Judge Advocate to be communicated to his Excellency and Army, By Tho. Elslyot, Ar. Ar. Conq. THE Crossing of the proverb; OR RIGHT overcoming of MJGHT BY The Appeal of Thomas eliot Esq; Esquire at arms, and Conqueror, &c. AGAINST The Injustice of some Members of the Committee of indemnity. By Thomas eliot, Ar. Ar. Conq; To the honourable Speaker and Parliament of the Common-wealth of ENGLAND; the Supreme Judicature of the English Nation. THE true just, and humble Remonstrance, Appeal, and Petition, of Thomas Elsliot, Esq; Esquire at arms; Conqueror of the Gentlemen of the long rob, now, or late satan of this present Common wealth, by Gods Providence, his innocency and sufferings, and by the justice of the honourable Lord chief Justice, and the rest of the reverend Judges of the upper Bench, in Westminster, before the Keepers of the Liberties of England by Authority of Parliament, from & against injustice against the persons hereafter name, as well on his own behalf, being a free-born person of this Common-wealth and Nation, and on the behalf of the said Keepers, and of every free-born person of the Common-wealth and Nation, by them oppressed: as also on the behalf of the Army raised and established by Authority of Parliament, for the defence thereof, and the said Keepers, &c.( now under the Command of Oliver cromwell, Espuire, Captain General of all the English Force, and Lord Governor of Ireland. The persons the said Esquire Elsliot nameth unto your Honor, and Parliament, be Francis Allen Goldsmith of London, and Daniel Blagrave Gentleman, now or late members of the honourable Parliament, whereby unjustice with divers evil affencted persons, to the honourable Parliament of England and Army, raised for their defence; as namely, one Edmond Prideaux, Esquire, and John Glyn, Esquire, two rotten & corrupt Members of the Parliament, and charged in high treason before the Keep. of the Liber. of England, by Authority of Parliament, in the upper Bench the last day of the last Miehaclmas term, as may appear by the Records of that Court remainining with the chief clerk of the Capital Office of that Court sometimes called the Crown Office, and with divers others, as yet unknown to the said Esquire Elsliot, have broken the trust and faith reposed in them, by the honourable Parliament, by committing of unjustice: and pursuing maintaining of the same at the Honourable Committee of Indemnity, in a certain cause between Colonel Robert Hamond, and the said Esquire eliot( as is said by them) and between one lieutenant Col. Langley, now, or late of Colchester, and one John Pureat( whereby they were entrusted to be Judges) in that they did rarefy the said Hamond and Langley, and divers others, expressly against the several Ordinances and Acts of Parliament that enabled them to bee Judges of the matters, and against the law of God, the Parliaments intentions, the known laws of this Nation, the law of Reason, Equity, or a good Conscience. And the said Esq; Elsliot Remonstrateth unto your Honor and Parliament, That the Parl. of England be of an ancient and vetust Constitution, and so sacred in all Ages, as being of the free Election of the people of this Nation, to do Justice, and graced evermore with Divine providence, that not onely good Kings and Pr. of this Nation; but even tyrannical Kings, and all other Tyrants have been forced to stoop to them, & their Members, as a Committee from time to time sent forth by them to explore any matter, either as Judges or Explorers, to examine and Report to the House their Judgments; and Reports have been so infallibly true, that never exceptions could bee taken at them, but upon their returns the House of Parliament evermore approved of their Wisdoms, and so proceeded in a Parliamentory way to confirm their doings in a most decorous and orderly way of Justice; to the great Honor of Almighty God, the making and establishing of many a good and wholesome Law and Act of Parliament for the good of the people of this Nation, for the advancement of virtue, and suppressing of 'vice; and for the punishment of the evil doers, and for the cherishing of the well-doers and preservers of the laws so made and constituted. And the said Esquire Elsliot doth also remonstrate unto your Honor and Parliament, That whereas the Common Law of this Nation, is also a Law sacred, profitable, and reasonable, as being grounded upon the law of Almighty God, rendering every man his own impartially, and never disagreeing from reason justified and approved in all ages by the sage and prudent Judges of this Nation; of one of the Benches or High Courts of Justices of Pleas in Westminster-Hall, and illustrated daily by the Reports and Printed Opinions of the same Judges held by the Common-people in great estimation and reverence for the certainty and infallibility thereof, being also decored with all lawful usages, Customs, and Prescriptions; And upon Ambiguities and Enormities contingent, evermore reduced and bounded to & within Statutes, by the Wisdom of our Progenitors in Parliament by Acts, being a wise and Ingenious People( as a hedge to fence it in from devouring and rooting up by the Ravenous and pestilent Beasts of this Comonwealth; and to preserve it from the vermin thereof, which Law Common did teach every man his duty to God, and his Prince, and now to the Parliament and State, as also to his neighbours, unto the great Honour of God, the glory of this Nation, and common vicinity. And the said Esq. Elsliot doth farther remonstrat unto your Honour and Parliament, that whereas in the time of this present Parliament, that never to be forgotten saying of John Pym Esq. a worthy Member of this Parliament, which was, that salus populi fuit seprema lex, in the great case betwixt him and the Arch Traitor the Earl of Strafford, the elder, who died by Judgement of Parliament for labouring to destroy the Fundamental Laws of this Nation, being common and statutal, and to introduce, and bringing in an Arbitrary and tyrannical government upon the people of this Nation, the said Esq. Elsliot by way of Appeal doth charge the two Gent. first before name, that they having broken the trust reposed in them by the Parliament, have followed the footsteps of the said Earl, and much erred in their judgements, and by means thereof have not observed either the intention of the Honourable Parliament of England or else that resent and never to be forgotten tenet of this Parliament, so much approved of in Master Pyms time, but in disobedience to the power given to them at the said Committee, and in derision of the Common Law of this Land have committed and wilfully done unjustice in the cases aforesaid and many others, as the said Esq. Elsliot hath heard, to the great dishonour of Almighty God, and breach of trust to the Parliament, and abuse of the said Esq. Elsliot, and John Purcas free born persons of this Nation, and always servants, agents, and well-wishers to the Parliament and Commonwealth of England, as it is now established by Authority of Parliament and the peace of the Keepers of the Liberties thereof. For all which causes the said Esq. Elsliot in his several capacities doth appeal unto your Honour and the Honourable Parliament of England, for Justice against their unjustice done at the said Committee, and doth humbly petition and pray, that his cause and the said Purcas cause may be publicly heard, reheard, and understood, by your Honour and Parliament at the Bar of the Parliament of England. And that their false judgements in the said cases may be suspended from any execution, and that all their Orders and irregular proceedings in the said causes may bee forthwith certified before your Honour and Parliament to be corrected and amended, and that Justice may be done according to your Honours Wisdoms; And that he and the said Purcas may be admitted to council learned in the Laws of this Nation, to pled their just cause of Appeal, before your Honour and Parliament; and that in the mean time the said Master Allen, and Master Blagrave, may bee suspended and exempted from doing any more, other, or farther injustice at the Honourable Committee of Indemnity. And he the said Esq. Elsliot doth lastly, beseech your Honour and Parliament, that the power given to that Committee, may be again reassumed into your Honors and Parliaments own hands, and Judicature, for the good of all free born persons of this Commonwealth and Nation,( Papists, Malignants, Delinquents, and evil affencted persons to this Commonwealth, and Army only excepted.) This is a true Copy of the first Appeal that ever was brought in England for unjustice done by some Members of Parliament to the free born persons of this Common-wealth at the Committee of indemnity, and was delivered to M. Speaker of Parliament to be solemnly red filled, and remain upon Record in the Parliament upon Thursday the 12 of this instant December 1651 the duplicate whereof was sent to his Excellency the same day. By Tho. Elsliot, Ar. Ar. Conq. FINIS. ERRATA. P●… 1. line 2. after ROOL, add Lord. p. 1. l. 9. after perfect, add accusation. p. 1. l. 23. after the add said. p. 1. l. 24. after honors, add and, deal high. p. 4. l. 18. after Judges, add of this Nation, and illustrated daily by the Reports, and Printed Opinions of the same Judges, l. 34. for Lands, r. Lambs. p. 5. l. 2. after Nation, add with this favour above others. l. 11. add the true and just Judge of heaven and earth. l. 12. after Article, add accusation. l. 14. after doth, add Article.