Regal Tyranny discovered: OR, A DISCOURSE, showing that all lawful (approbational) instituted power by GOD amongst men, is by common agreement, and mutual consent. Which power (in the hands of whomsoever) ought always to be exercised for the good, benefit, and welfare of the Trusters', and never ought other wise to be administered: Which, whensoever it is, it is justly resistable and revokeable; It being against the light of Nature and Reason, and the end wherefore God endowed Man with understanding, for any sort or generation of men to give so much power into the hands of any man or men whatsoever, as to enable them to destroy them, or to suffer such a kind of power to be exercised over them, by any man or men, that shall assume it unto himself, either by the sword, or any other kind of way. In which is also punctually declared, The Tyranny of the Kings of England, from the days of William the Invader and Robber, and Tyrant, alias the Conqueror, to this present King Charles, Who is plainly proved to be worse, and more tyrannical than any of his Predecessors, and deserves a more severe punishment from the hands of this present Parliament, then either of the dethroned Kings, Edw. 2. 01 Rich. 2. had from former Parliaments; which they are bound by duty and oath, without equivocation or colusion to inflict upon him, He being the greatest Delinquent in the three Kingdoms, and the head of all the rest. Out of which is drawn a Discourse, occasioned by the Tyranny and Injustice inflicted by the Lords, upon that stout-faithful-lover of his Country, and constant Sufferer for the Liberties thereof, Lieut. Col. John Lilburn, now prisoner in the Tower. In which these 4. following Positions are punctually handled. 1. That if it were granted that the Lords were a legal Jurisdiction, and had a judicative power over the Commons; yet the manner of their dealing with Mr. Lilburn, was, and is illegal and unjust. 2. That the Lords by right are no Judicature at all. 3. That by Law and Right they are no Lawmakers. 4. That by Law and Right it is not in the power of the King, nor in the power of the House of Commons itself, to delegate the legislative power, either to the Lords divided, or conjoined; no, nor to any other person or persons whatsoever. Unto which is annexed a little touch, upon some palbable miscarriages, of some rotten Members of the House of Commons: which House, is the absolute sole law-making, and law-binding Interest of England.  Hos. 8. 4. 
They have set up Kings, but not by me: They have made them Princes, and I know it not.  
LONDON, Printed Anno Dom. 1647.   

The Printer to the Reader.  
IF thou be'st courteous, Reader, contribute but thy Clemency in favourable correctiting the Erratas (notwithstanding much due care had in so public a work as this is) as we must acknowledge lie dispersed therein. Pag. 1. line 2. for 32. read 33. p. 4. l. 11. for fifthly r. sixthly. p. 7. 59 r. in the world; see Hos. 8. 4 p. 8. l. 17. for they r. he knowing that when he. p. 10. l. 20. for Rom. r. revelation. l. 29. r. Dan. 43. p. 11. l. 6. for against, r. but by. l. 38. for name, r. hand, p. 12. l. 2. r. and as he. l. 16. sore 23. r. 33. l. 38. for his, r. their. p. 13. l. 24 sore ver. 11, r chap. 8. ver. 11. p. 15. l. 30. for trivial, r cruel, p. 16. l. 2. for rule r. cover. p. 18. l. 16 for and his, r. and her. p. 19 l. 34. for rerforme, r. perform. p. 21. l. 1. blot out, years of his. l. 27. for this, r. of this King. l. 31. for most &, r. most base &. p. 23. l. 4. for 16. r. 6. p. 24. l. 10. for them, r. him. l. 25. for Realm granted him the ninth penny, r Realm dear, besides the 9 penny they granted formerly at one time for them to his Predecessor. p. 26. l. 20. r have had. l. 31. r. unusual. l. 35▪ r. after this. p. 27. l. 2. r. uncounselable. l. 26 r late King. p. 34. l. 3. 457, r 655. l. 6, 264 r 462, p. 39, l. 26, after Charles, r but all his Predecessors received their Crown and Kingdom, conditionally by contract & agreement, I doubt not but the present K. Ch, his etc. p. 40, l. 10. r. by, but a, l, after Kingdom, r & that there should not much more be an account of his Office due to this Kingdom itself. p. 45, l. 23 after people, r and comes lineally from no purer a fountain, and wellspring, then from their Predecessors, l 25 blot out Dukes. p, 48. l. 29. that, put in if after. p. 56. l. 8, 404, 406, r. 504, 506, p. 59, l. 34 1641, r. 1646. p. 60, l. 10, 2 Sam: 7: 13, r. 1 King 12: 1. p. 61, l. 17, at the end of justly, r. come by, and. l. 18▪ at the end of Prophet, r. to K. Rehoboam▪ (who had assembled 18000. chosen men, which were Warriors to go fight against the house of Ifrael) p. 72, l. 2, in the margin for 254 r, 264, l. last of the marg, for 4, r. 467, p. 73, l. 15. 16 marg. after 29, insert 46. after Rot. 2, insert 4, p. 75, l. 1, in marg. for 5, r. 9, 4, for 8. r. 18, in marg. for 27. r. 2 part, l. 9 for 58, r. 38. p. 76, l, 19, for own r. other, p. 77, l. 9 in marg, 22, r. 102. p. 79, l. 1. abeas r. Habeas, p. 81, l. 24, r. to deliver to, l. 35, r. at which, p. 84. l. 2, after his honesty, r. his judges carriage, l. 7, for Lordships r. Lobby, p. 86, l. 26 blot out Dukes, p: 87: l: 1: practices r. prizes, p. 88, l. 9 King r. Duke, p 91, l. 13. r. and afterwards in England made Odo, p. 92. l. 2. & 3. r. of whose estate l. 36. for unindivalid, r. unvalid, p. 94 l. 21. r. conquirendum, & tenendem sibi & heredibus, adeo libere per gladium sicut ipse rex ten●it Anglia. p. 95. l. 36. r. Commissioners, p. 96. l: 27. for incursion, r. innovation. p. 97. l. 23. r. But in the Knights, p. 97. l. 3. in the marg. for 84, r. 8, 4, 7. p. 98. l. 8. for nor r. for, p. 101, l. 12. for 1646. r. 1645.   

A Table of the principal Matters contained in this ensuing Discourse.  

A 

ANger of God against Israel for their choice of a King, pag. 14.  
Abuses checked. pag. 25.  
Acts of the Parliament, pag. 33.  
Appeal of Lient. Col. Lilburn to the House of Commons, how approved on there, pag. 64.  
Arlet the Whore, William the Conqueror's Dam, page 87.  
Arlet the Whore married to a Norman Gentleman of mean substance, pag. 91,    
B. 

Bastardly Fountain of England's Kings, pag. 15.  
Bellamy pag. 1. his baseness, pag. 2, 3.  
Books of L. C. john Lilburn before, pag. 3. and since the Parliament, pag. 3, 4, 8,.  
Books against L, C. Lilburn, p. 1. 4.  
Baron's Wars, p. 30, 31.  
Behaviour of L. C. Lilburn in the House of Lords, p. 64., 65, 69.  
Barons in Parliament represent but, their own persons, p. 97.    
C 

Challenges against the Lords, p. 5. pag. 70.  
Clergy base inslavers of this land of old, p. 89, 90, 93, 94.  
Contents of this Discourse, p. 6, 62.  
Common-Councel, p. 27.  
Charles-Stewarts juggling▪ pag. 50, 51.  
Charles Stewart, not GOD, but a mere man, and must not rule by his will, nor other Kings, but by a Law, pag. 9, 10, 11.  
Charles Stewart received his Crown and Kingdom by contract, p. 33. and hath broken his contract, pag. 9, 14, 41, 42, 43, 50, 51, 52, 57  
Charles Stewart confuted in His vain proud words, p. 32, 33.  
Charles Stewarts Confession and Speeches against himself. p. 40, 41, 56, 57  
Charles Stewart as Charles Stewart, different from the King as King, p. 35.  
Charles Stewart guilty of Treason, p. 52, 53, 54, 55, 57  
C. R. aught to be executed, p. 57    
D 

Dukes of Normandy, first, second, third, fourth, fifth, sixth, and seventh, p. 87.  
Dukes, Marquesses, and Viscounts not in England, when the great Charter was made, p. 98.  
Davies Sir I. Clotworthies friend his baseness, pag. 102, 103, 104, 105, 106.    
E 

Edwardus R●x Segnier, pag. 15, 16, 88  
His gallant Law, p. 16.  
Edward the second, p. 26, 27, 57, 58. deposed, and his eldest Son  
chosen, p. 27, 58, 59  
Edward the third, pag. 27, 28, 29, 30.  
Excommunication for infringing Magna Charta, p. 28.  
Edward 4. and 5. p. 30, 31.  
Earl of manchester's, and Colonel King's baseness, p. 49, 10●.  
Englishmen made slaves by the Normans, p. 90.    
F 

False imprisonment it is, to detain the prisoner longer than he ought, p. 81.  
First Dake, p. 9●. First marquis, First Viscount.  
First Parliament, in the 1●. of H. 1. see pag. 17.    
G 

Government by Kings, the worst government of any lawful Magistracy, p. 14.  
Greenland Company oppressors, pag. 101.    
H 

Heathens more reasonable than the Lords, p. 2.  
House of Peers illegality, p. 43, 45, 86. and baseness to the people, pag. 44.  
Henry the 1. p. 17.  
Henry, Mauds eldest son, King after Stephen, p. 19  
Henry the 3. crowned, and his baseness, p. 22, 23.  
Henry the 4, 5, 7, and 8. p. 30, 31.  
Hunscot the Prelate's Catchpole, now the Lords Darling, p. 83.    
I 

John brother to R. the 1. chosen King, p. 19  
His baseness to the Commonwealth, p. 20, 21, 39  
His end, p. 22.  
Judges corrupt, p. 23.  
Imprisonment of L. C. Lilburn. p. 63, 66.  
Ireland in her distressed condition cheated and cozened by Sir John Clotworthy, and his friend Davies, p. 102. to p. 106    
K 

King is entrusted, p. 34.  
King's tyrannical usurpation, none of God's institution, pag. 7. 8.  
King's subordinate to Laws, by God, p. 8. and men, p. 9, 18, 19, 23, 24, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36, 39, 40, 41, 42, 43, 52, 53, 85, 86.  
King's must not be imposed, but by the people's consents, p. 7. 20, 32, 41, 60, 61.  
Kings deposed, p. 27, 58, 59, 98.  
Knights, Citizens, and Burgesses represent the Laws, p. 97.  
King, no propriety in his Kingdom, p. 34. or Cities thereof, or Jewels of the Crown; and as King, not so much as the Subjects in the Kingdoms, pag. 32, 38.  
King's illegal Commands obeyed punished, pag. 35, 52, 53, 54.  
King's are liable to be punished. pag. 41, 59  
K. Harrold, p. 84, 94.    
L 

Laws made this Parliament, pag. 33, 34.  
Lieutenant of the Tower's baseness against L. C. Lilburn, pag. 5. 48.  
Lord's cause of losing the Kingdom at first, p. 93.  
Lords no legislative power by consent of the people, p. 45, 46.  
Lords may not lawfully sit in the house of Commons, pag. 98, 99  
Lords contradict themselves, p. 63.  
Lord's power wholly cashiered, p. 40, 47, 92.  
Lords overthrown by the Law, see p: 72. to p. 78.  
Lord's illegality and baseness against L. C. Lilbarn, pag. 47, 48. 65 66, 67, 84. proved so to be, p. 62. 81.  
Lords no Judges according to Law, p, 69.  
Laws included, though not expressed, Kings must not violate, pag. 62.  
Lords no Judicature at all, p. 84, 85, 86.    
M 

Maud p. 17, 18. the Empress taketh K. Stephen in bat- tell, p. 18.  
Massacre of the Jews in England when pag. 19  
Magna Charta, what it is, p. 26.  
Magna Charta's Liberties confirmed by Hen. the 3. p. 24.  
And by Edw. the 2. p. 27. And by Edw. the 3. p. 28, 29.  
Members of the House of Commons taxed, p. 100, 101, 102.  
Merchant-Adventurers p. 99 overthrown, p. 42.    
N 

Normans whence they came, pag. 86, 87.  
Ninety seven thonsand, one hundred ninety and five pounds, which was for Ireland, pursed by 4 or 5 privare men; see p. 103    
O 

Orders Arbytrary and illegal against L. C. Lilburn, p. 2, 47, 48. 63, 64, 66.  
Odo the Bishop, & a Bastard seeketh to be Pope, pilleth the Kingdom pag. 91 92.  
Oaths of Kings at their Coronation, p. 19, 26, 28, 31, 32, 33.  
Oath of K. Stephen p. 18.  
Oath of Justices, p. 29.  
Objection about H. 8. alteration of the Oath of Coronation, answered by the Parliament, p. 32.  
Order of the house of Commons for L. C. Lilburn, p. 84.  
Original of the House of Peers pretended power, p 94.    
P 

Petition of Right confirmed, p. 33. the Lords break it, p. 2.  
Petition of L. C. lilburn's wife p. 72. to p. 78.  
Postscript of L. C. lilburn's, p. 6.  
People must give Laws to the King, not the King to the people, p. 85.  
Pope's judgement refused by the people, to be undergone by the King as insufferable, p. 26.  
Power of Lords both of judicative and legislative thrown down, p. 92 93.  
Parliament, what it is, p. 34. their institution, p. 95. The manner of holding them, p. 95. how kept, p. 97.  
Parliaments greatness p. 34, 36, 37.  
Prerogative Peerage flowed from rogues, p. 86, 87.  
Proceed of the Lords against L. C. Lilburn, condemned by the Commons, p. 64.  
Parliaments kept in old time without t Bishops, Earls, or Barons, Pag. 96, 97.    
Q 

Questions of great consequence, pag. 101, 102.    
R 

Rehoboams folly, pag 60, 61.  
Richard the 1. pag. 19  
Remedy against fraud, p. 26.  
Richard the 2. p. 30.  
Deposed p. 30.  
Richard the 3. p. 30, 31.  
Rebellion of the King. 90, 51.  
Rewards conferred by William the Conqueror, upon his assistants, p. 90, 91.    
S 

Sir John Clatworthies baseness, p. 102. to 106.  
Stephen Earl of Bollaigne chosen King by free election, p. 18.  
When he was imprisoned by Maud, p. 18, 19 the people restituted him out, and he was set up again, p. 18.  
Sheriffs of London, Foot and Kendrick their illegality, pag. 68  
Sentence of the Lords against L. C. Lilburn. p. 70, 71.    
T 

Ten Commandments explained, p. 9, 10.  
Tyrants (Kings) plagued by God's justice, p. 11, 12, 13, 17.  
Tyranny of Kings, p. 13, 17, 19, 20, 21, 22.  
Tower's chargeableness of Fees, p. 49.  
Trials ought to be public, and examples for it, page 81, 82, 83, 84.  
Turkey Merchants, pag. 99    
W 

William the Conqueror's History of him, p. 14, 15, 16, 45, 87, 88, 89, 90, 91, 92, 93, 94, 95, a Bastard, p. 87.  
His end, p. 17.  
Westminster Halls enslaving Laws, Judges, Practices, from William the Tyrant's will, pag. 15, 16.  
William the 2. p. 17.  
Ways for purchasing liberty and annihilating of the Norman Innovations, p. 25, 29.  
Wollastons Letter from L. C. Lilburn, p. 67, 68  
Writs, Warrants, and Mittimuses, how they ought to be made in their forms in the several Courts, p. 78, 79, 80, 81.      

IT is the saying of the God of Truth by the Prophet, Isa: 32. 15, 16. That he that walketh righteously, and speaketh uprightly, he that despiseth the gain of oppressions, that shaketh his hands from holding of bribes, that stoppeth his ears from hearing of blood, and shutteth his eyes from seeing of evil; He shall dwell on high, his place of defence shall be the Munition of Rocks, etc. But on the contrary, he saith; Woe unto them that decree unrighteous Decrees, and that writ grievousness which they have prescribed, to turn aside the needy from judgement, and to take away the right from the poor of my people, that widows may be their prey, and that they may rob the Fatherless, Chap. 10. 1, 2 Now I, having read over A BOOK ENTITLED, The FREEMAN'S FREEDOM VINDICATID, being lieutenant-colonel John Lilborns Narative of the Lords late dealing with him, in committing him to Newgate; and seriously considering of his condition, and of the many base aspersions cast upon him, and bitter invectives uttered against him in some late printed Books, but especially that of Colonel John Bellamy's, called, A Vindication of the City Remonstrance; which came out, when he was a close prisoner in Newgate, by virtue of as cruel, unjust, and illegal a Warrant as ever was made by those that profess themselves to be conservators of the people's liberties; yea, and I dare say, that search all the Records of Parliament, since ●h● first day that ever there was any in England, and you shall not find the fellow of that which is against him; The Co●● of which (as I find i● in that of the JUST MAN IN BONDS) thu, followeth:  

Die Martiis, 23. Junii, 1646.  
ORdered by the Lords in Parliament assembled, That John Lilburn shall sta●d committed cl●●e p●i●●er in the P●ison of Newg●●; and that he be not permitted to have Pen, Ink, or Paper, and no●● shall have access unto him in any kin●, but only his Keeper, until this Court doth tak● further order.  
JOHN BROWN, Cler. Parliamentorum.  
To the Keeper of Newgate, his Deputy, or Deputies,  
Exam. per Rad. Brisco, Cler. de Newgate.   
What can be more fuller of arbytrary Tyranny, and illegality than this Order expressing no cause, wh●, nor wherefore; & so not only absolutely against the exp●ess● tenor of the Petition of Right, but contrary to the very practice of the Heathen Romans, who it seems had more morality, reason, and justice in them, than these (pretended Christian) Lords: see Acts 25 27. For saith Festus to King Agrippa etc. when he was to s●nd Paul a prisoner to Rome, It seemeth to me unreasonable to send a prisoner, and not withal, to signifi● the Crimes laid against him.  
And although that this Arbitrary & illegal Order was extraordinary harshly executed upon Mr. Lilburn, and thereby he was as it were tied hand and foot; yet then did Mr. Bellamy watch his opportunity to insult over him, when he knew that he was not able to answer for himself. O the height of baseness! for a Colonel to be so void of manhood, and to find no time to beat or insult over a man, but when he is down, and also tied hand and foot!  
One thing in Mr. Bellamy's Book I cannot but take notice of especially, and that i● this; He there citys some things in a Book called ENGLAND'S BIRTHRIGHT; and because it hath very high language in it, against divers great, and corrupt Members of Parliament, which is sufficient to destroy and crush the Author of it in pieces, if he were known. And therefore that he m●ght load Mr. Lilburn to the purpose, he takes it for granted, tha● B●●k is his, although his name be not to it, nor one argument, or circumstance mentioned to prove it his; but the absence of his name, is a sufficient ground to all that knows him and his resolution, to judge Mr. Bellamy a malicious Liar in that particular; I● being Mr. lilburn's common practic● (for any thing I can perc●●v●) to set his name to his Books, b●th in the BBs. days, and since; which Books contain the highest language, against the st●●am● of ●he Times, that I hav● read, of any man's in England that avoucheth what he w●●t●s. As for instance, Hi● Book, called THE CHRIST●AN MAN'S TRY ALL, being a Narra●●v● of the illegality of the S●ar-Chambers dealing with him, and the barbarous infl●cting of their bloody sentence upon him.  
Secondly, His B●ok called, COME OUT OF HER MY PEOPLE, written (it seems) when he was in Chains, the fullest of re●●lution that I have read.  
Thirdl●, THE AFFLICTED MAN'S COMPLAINT, written, when he was sick in his close imprisonment, by reason of his long lying in Irons.  
Fourthly, his Epistle to S●● MAURICE ABBOT, then Lord Major of London, called, A CRY FOR JUSTICE.  
Fi●●hly, ●is Epistle to the PRENTICES OF LONDON; I● both of which, he ac●us●th the Bishop of Canterbury, of●●g. 〈◊〉, and offered, upon the loss of his li●e, to prove it, wh●● Canterbury was in the height of his glory.  
Sixthly, his Home Epistle to the Wardens of the Fleet, when he was i● their own custody, and forced to defend his li●●, and chamber fo● div●rs w●●k●s together with a couple of Rapiers, against the W●rd●● and a●● his men, who had like, several times, to have murdered M●. Lilburn.  
Seventhly, his Answer to the nine Arguments of T. B. which la●es l●ad enough upon the old and new Clergy, the rooters up of Kingdoms and States.  
And since the Parliament.  
First, His Epistle to Mr. Pryn, which both gauls him, and the Assembly, the thunderbolt of England.  
Secondly, His Reasons against Mr. Pryn, delivered at the Committee of Examinations.  
Thirdly, His Epistle wrote when he was in the custody of the Sergeant at Arms, of the House of Commons, which toucheth not a little the corruptness acted in that House.  
Fourthly, His Answer to Mr. Pryn, in ten sheets of Paper, called INNOCENCE AND TRUTH JUSTIFIED, a notable and unanswerable piece.  
Fifthly, His Epistle to Judge Reeves, called, THE JUST MAN'S JUSTIFICATION.  
Fifthly, His PROTESTATION AGAINST THE LORDS, AND APPEAL TO THE HOUSE OF COMMONS.  
Seventhly, His EPISTLE to the Keeper of Newgate, dated from his Cock-loft in the Presse-yard of Newgate, the 23. of June, 1646.  
The next Books that I have lately seen against L. C. Lilburn, are two railing ones, made by one S. Shepherd, a fellow as full of simplicity ●s malice; In both whose Books, there is not on● Argument, or one sound reason, to disprove, what he pretends to confure. The first of his Books, is called, The Famers famed, or an answer to three things written (it seems) by some of Mr. lilburn's friends, called, First, THE JUST MAN IN BONDS. The second, A PEARL IN A DUNGHILL. The third, A REMONSTRANCE OF MANY THOUSAND CITIZENS, and other Freeborn People of England, to their own House of Commons, etc. The second of Shepherds, is called, The false Alarm; or, an Answer to an Alarm, To the House of Lords. The fourth Pamplet I find against L. C. Lilburn, is called Plain ●nglish, which last, only gives him two wipes, in his 4. and 12. pages.  
Therefore, in regard that the Author of the City Remonstrance Remonstrated, hath put P●n to Paper, to answer part of Mr. Bellamy's Book, but hath not meddled with any thing of that which doth concern Lieut. Col. Lilburn.  
And secondly, Forasmuch, as none that is yet visible have meddled with any of the other.  
And thirdly, In regard that the man is full of Heroicalnesse, and a zealous lover of his Country, to whom all the honest freemen of England, are extraordinarily obliged, for his constant, courageous, and faithful standing, for their just liberties, that both God, Nature and the Law of the Land giveth them.  
A●d ●astly, inregard that by a la●e published Book, called, LIBERTY VINDICATED AGAINST SLAVERY, I understand of the Lieutenant of the Towers base, unworthy, illegal, and strict dealing with him, as in many other things, so in keeping him from Pen and Ink; by means of which, he is unable to speak publicly for himself, which is a sad, barbarous, base, and inhuman case. That a man should be so illegally dealt with, as he is, and abused in print, and his good name endeavoured Cum privi●egio, to be tak●n away by every Rascal, and yet the poor man not suffered to speak a word for himself. Oh! horrible and monstrous age, that dare without remorse main●am such horribl● impiety, and injustice: Surely, I may well say of them, with the Prop●● Isa. Isa 5. 20, 23 24, Woe unto them that call evil good, and good evil, that put darkness for light, and light for darkness, that put bitter for sweet, and sweet for bitter, which justify the wicked for reward, and take away the righteousness of the righteous foom him. Therefore as the fire devoureth the stubble, and the flame consumeth the chaff; so their root shall be rottenness, and their blossom shall go up as dust; because they have cast away the Law of Jehovah of Hosts, and despised the Word of the holy One of Israel: For he that justifieth the wicked, and he that condemneth the just; even they both are an abomination to Jehovah, Prov. 17. 15.  
In consideration of all which, together with many more things I shall endeavour (according to that insight I have) in Mr. Lilburnes behalf, to make a little more work, for his enemies, the Lords, and their Associates; But this (as a fair adversary) I shall advise them, either to get stouter Champions that can handle their weapons better than those that have yet appeared, or else their cause will utterly be lost.  
I shall not now undertake to answer the particulars in the forementioned Books, but leave that to another Pen, and shall give a home provocation, to the best and ablest Lord in England, or the choicest Champion they have, to produce some sound arguments to maintain their jurisdiction, or else their two stools (called Usurpation and custom) upon which they sit, will let them fall to the ground.  
And the method that I shall observe, shall be this:  
First, I will prove, that if it were granted, that the Lords were a 〈…〉, and had a judicative power over the Commons, yet 〈…〉 of the Lords dealing with him is illegal and unjust.  
S●co●●ly▪ I will prove that 〈◊〉 the Lords were a Judicature, yet they 〈…〉.  
T●●●●▪ I will give some reasons to manifest, that they are no Judica●● 〈…〉.  
●●u●●●ly, That they by Law and Right, are no Lawmakers.  
Fifthly, That by Law and Right, it lieth not in the power of though King ●●r the H●use of 〈…〉, to deligate the legislative powe●, either to the Lords 〈◊〉, or ●●●●●yned, nor to any other persons 〈…〉.  
Now for the proof of these; 〈◊〉 authority I shall make use o●, sh●l●, ●●st, be d●r●v●d ●r●m Scripture.  
S●co●dly, from the 〈…〉 and strength of sound reason.  
T●irdly, from he declared St●t●te-Law of the Kingdom.  
Fourthly, ●rom t●is 〈…〉 〈◊〉 Declarations.  
Fifthly, a●●●astly, 〈…〉 Histories of England, licenced by public Authority.  
And that I may not raise a Public, with ●ut laying a good Foundation, I 〈◊〉 set down 〈◊〉 strong and undeniable position, which I fi●● a● a Postscript 〈…〉 latter end of 〈…〉 ●ilburns princed Protestation against the Lords; which is ●●us:  
GOD, the absolute S●v●raig●e Lord and King, of all things in heaven and 〈◊〉, 〈…〉 and 〈…〉 all cause●, who is 〈…〉, governed, and limited by no rules, but doth all things 〈…〉 w●ll and unlimited good 〈…〉 world, and all things therein, for his ow● gl●ry, and 〈◊〉 by 〈◊〉 own will and pleasure, 〈◊〉 man (his mere 〈…〉) the 〈…〉▪ (under himself) over ●l. the rest●● his ●reatur●●, G 1. 1. 26, 28. 29. and en●ued 〈…〉 with a●ation●ll ●oul●, or 〈…〉, a 〈…〉 created him a●ter his ow● image, Ge●. 1. 26. 7 ●● 9 ●● the first of which w●s Adam, a mal●, or man 〈…〉 of the ●ust or ●lay, out of whese side was tak●n a ●●b, w●●ch 〈…〉 Soveraigue 〈…〉 mighty erea●●●g power of God, was 〈…〉, or w●m●●, called ●ue, which two are the earthly, original ●ou●atin, as begetter▪ and bringer● forth o● all and every particular and individual man, and woman, that ever breathed in the world since, who ar●, ●nd were, b● nature a●l alike in power, dignity, authority, and majesty, none of them ●aving any authority, dominion, or magist r●al power, one over, or above another, but by institution, or ●oration, that is to say, by 〈◊〉 u●●il agreement or consent given, deriv●d, or assu●●d by mutual 〈◊〉, and agreement, for the goo●, benefit, and comfort each o● other, and not for the mischieve hurt, or iamage of a●y, it being 〈◊〉 irrational, sinful, wicked and unjust for 〈◊〉 man, o● men whatsoever, to part●●t●● so much of their power, a shall ●nable any of their Parliament men, Commissioners, T●ust●es, Deputies, Viceroys, Ministers, Officers, and servants, to destroy ●nd undo them therewith: And unnatural, juration 〈…〉, wicked, unjust, divillish and tyrannical it is for any man wh●●soever, pi●i●uell o● temp●r●ll, Clergymen or Laymen, to appropriate an ●assume unto himself, a power, authority 〈…〉, govern, or reign over any sort o● men 〈◊〉 wo●ld, without their f●●e consent, and whosoever d●th it, whether Clergy-m●n, or ●●y other whatsoever, do thereby as mu●h as in them lies, in leav●ur to appropriate and assume unto themselves the Office and Sovereignty of GOD, (who alone doth, and is to rule by his ●ill a●d pleasure) and to b●like their Creator 〈◊〉 w●s 〈…〉 of the d●vel●, who not being content with their first station, but would be like GOD; ●or which si● they were thrown down into H●ll, reserved in everlasting c●atnes, under darkness, unto the judgement of the great day, jude — vers. 6. And Adam's fin it was w●●ch brought the curse u●on him and all his Poster●cy; that he was not content with the station a●d condition that God crea●ed him in; but did aso●re unto a better, and more excellent (namely to belike his Creator) which proved his ruin, yea, and indeed h●d been the everlasting rain● & destruction of him and all his, had not GOD b●en the more merciful u●to him in the promised Messiah. Gen. Chap. 3.  
Now for the government of England; It hath been by custom principally and for the most part by the tyrannical usurpation of a King, and therefore it will be requisite to search in●o the Scripture, and see, whether ever GOD approbationally instituted it, or only permissively suffered it to be, as he do●h all the other evils and wickedness in the world, and for the better understanding of this, It is requisite, to remember that we find in Scripture, That GOD was not only Israel's husband, and did perform all the offices of a loving husband in his sweet and cordial embracements of her, and loving dispensations to her, but also he was her KING himself, to ●aign and rule over her, and to protect and defend her, and being the Lord Almighty, and knowing all things past, present and to come, knew well that Israel would be forgetful of all his kindness; and though he had chosen them out of all the world in a special manner to be his peculiar ones; yet they would forsake him, and desire to be like the World; And Moses declares thus much of them after they had enjoyed the good things of God in abundance: But Jesurun waxed fat, and kicked: Thou art waxed fat, t●ou ar● grown thick, thou art covered with fatness: then he forsook God which made him, and lightly esteemed the Rock of his salvation, Deut. 32. 15.  
And therefore they knowing that when he possessed the Land of Canaan, they would reject him, and desire a King (like all the rest of ●he Heathens, and Pagans) to reign over them: Yet they being dear unto him, he would not wholly reject them, but gave them a Law for the choosing of a King, and his behaviour, which we find in Deu●. 17. 14, 15, 16, 17, 18, 19, 20, in these words: When thou art ●ome into the Lan●, w●●ch Jehovah thy God giveth thee, and shalt possess it, and shalt dwell therein, and shalt say, I will set a King over me, like as all the Nations that a●e about me. Th●u sh●lt in any wise set him King over thee, whom Jehovah thy God shall choose, one from among thy Brethren shalt thou set King over thee: Thou mayst not set a stranger over thee, which is not thy brother: But he shall not multiply horses to himself, nor cause the people to return to Egypt, (that is to bondage or slavery;) to the end, th●t he should multiply horses: Forasmuch, as Jehovah hath said unt● y●u, Ye shall henceforth return no mor● that way, (that is to say, ● shall be no more slaves.) Neither shall he multiply ●iv●s to himself, that his heart turn not away; neither shall ●● greatly multiply to himself silver and Gold. And it sh●ll be when he sitteth ●pon the ●●hrone of his Kingdom, that he shall write him a Copy of this Law in a Book, on: of that which is before the Priests, the Levites. And it shall be with him, and he shall read therein all the days of his lif●, that he may learn to fear Jehovah his God, to keep all the words of this Law, and th●se Statutes, and do them; That his heart be not listed up above his Brethren, and that he turn not aside from the Commandment, to the right hand, or to the left; to the end, that he may prolong his days in his Kingdom, he and his children in the midst of Israel. So that to me it is very clear, that all Government whatsoever ought to be by mutual consent and agreement; and that no Governor, Officer, King, or Magistrate, aught to be betrusted with such a Power, ●s inables him when he pleaseth, to destroy those that trust him; A●d wickedness [in the highest] it is for any King, etc. to reign and govern by ●is Prerogative; that is to say, by his will and pleasure, and as great wickedness it is for any sort of men, to suffer him so to do. For the proof of this, I lay down my Argument thus, and we will apply it to the King of England in particular.  
He that is not GOD but a mere man, cannot make his will, a rule, and law, unto himself and others.  
But Charles Stewart, (alias Charles Rex.) is not God but a mere man.  
Ergo, he cannot make his Will a rule and Law unto himself or to the people, of England:  
Secondly, He that by contract and agreement receives a Crown or Kingdom; is bound to that contract and agreement the violating of which, absolves and d●singages those, (that made it) from him,  
But King Charles received His Crown and Kingdom by a contract, and agreement, and hath broken His contract and agreement.  
Ergo. etc.  
Now for the clearing of the first proposition, it is confessed by all that are not mere Athists, That GOD alone rules, and governs by his Will, and that therefore things are legal, just, and good: Because GOD wills them to be so. And therefore all men whatsoever must, and aught to be ruled by the Law of GOD, which in a great part is engraven in Nature, and demonstrated by Reason: As for instance, It is an instinct in Nature, that there is a GOD, Rom. 1. or a mighty incomprehensible power. (And therefore it is rational, that we should not make Gods unto ourselves,) and this is the pith of the first Commandment. Nature telling me, There is a God. And therefore secondly, its rational he only should be worshipped, served, and odored, and that's the marrow of the second Commandment. And in the third place, seeing nature tells me there is a GOD, reason d●ct●●●s unto me, that I should speak reverently and honourably of h●m; And this is the sumne of the third Commandment. Fou●thly Nature dictating to me, there is a GOD. It is rational I should ●et some time apart to do him homage and service;  
And seeing the in●●●●ct of Nature causes me to look upon him as a Sovereign over me, ●s but rational ha● he should appoint a Law unto me, for the matter manner, and time of his worship and service; and this is the substance of the fourth Commandment.  
Again, seeing nature teacheth me to def●●d myself, and preserve my life; Reason telleth me in th● 〈◊〉, 〈◊〉 it is but just that I should not do that unto another, which I would not have another do to me; but that in the affirmative, I should do as I would be done unto; And this is the marrow of the whole second Table of God's Law, from whence, all Laws amongst men ought to have their derivation: And therefore, because by nature no man is GOD, or Sovereign, one over another; Reason tells me, I ought not to have a law imposed upon me, without my con●●nt; the doing of which is merely tyrannical, Antichristian, and Diabolical, Rom. 13. Yea Reason tells me in this that no Sovereignty can justly be exercised, nor no Law rightfully imposed, but what is given by common consent, in which, every individual is included; So this proves the latter part of the Argument.  
As for the minor Proposition, I think it will not be denied; for I conceive, none that confess Christ to be come in the fl●sh, will be so Atheistical, as to affirm the King to be any more than a mere man, subject to the like infirmities with other men; See Acts 12. 22, 23. Dan. 14. 22, 25, 33. and 5. 18, 20, 23.  
As touching the second Argument, the whole Current of the Scripture proveth i●, In all the Contracts betwixt GOD and his Creatures. As io● instance:  
First, with Adam, who by God's contract (being his Sovereign) was to enjoy Paradise, etc. upon such, and such a condition; but as soon as Adam broke the agreement, GOD took the forfeiture, see Gen. 3. 16, 17, 24. So likewise GOD made a contract with 〈◊〉, when he gave the Law in Mount Syna (as their LORD and KING) by the hand of Moses: But when they broke their Covenant, GOD took the forfeiture, though he being a Sovereign LORD, and governed by nothing bu● his own WILL, forbore long the final execution of the forfeiture: So in the same case amongst the Sons of Men, that live in mutual society one amongst another in nature and reason, there is none above, or over another, against mutual consent and agreement, and all the particulars or individuals knit and joined together by mutual consent and agreement, becomes a Sovereign Lord and King, and may create or set apart, for the execution of their Laws (flowing from their will and mind founded upon the Law of God, engraven in nature, and demonstrated by reason) Officers, which we call Magistrates, and limit them by what rules they judge convenient; always provided, they be consonant to the Law of God, Nature, and Reason; by the ●orce of which, it is not lawful for any man to subject himself, to be a slave. For that which is against Nature, and the glory of the Image of GOD that he created man in, Gen. 9 6. and so a dishonour to himself, and to his Maker, his absolute and alone Sovereign, cannot justly be done. But to subject to slavery, or to be a slave, is to degenerate from his Original, and Primitive institution of a Man into the habit of a Beast, upon whom GOD never bestowed that stile of honour of being creatures created in the Image of their Creator.  
And therefore, I am absolutely of Cato's mind, to think, that no man can be an honest man, but he that is a free man, And no man is a free man, but he that is a just man. And for any man in the world, whatsoever he be, that shall by his sword, or any other means thus assume unto himself, and exercise a power over any sorts of men, after this kind against their wills and minds, is an absolute Tyrant and Monster, not of God, or man's making, but of the Devil's lineage and offspring, (who is said to go up and down the world, seeking whom he may devour) who ought to be abhorred of GOD, and all good men, seeing that such Monsters, commonly called Kings 〈◊〉 Monarches, assume unto themselves, the very Sovereignty, Style, Office, and name of GOD himself, whose Sovereign Prerogative it is, only, and alone, to rule and govern by his will. Therefore when the Sons of men took upon them to execute in this kind, GOD raised up Moses his Servant, to deliver those whom he took delight in, from their tyranny, and to be an Instrument in his Name to ruin and destroy that grand Tyrant Pharo●h, and all his Country, Exod. 3. 9, 10. and 5. 5. and 14. 5, 14, 25, 28.  
As he journied towards Canaan, God by his Agents destroyed five (Usurpers or Kings) more, at one bou●, Num. 31. 8. and more at the next bout, Num: 32. 33. Deu: 3. 2 3. And after him, the Lord raised up joshua, whom he filled full of the Spirit of wisdom, Deut: 34. 9 to be his executioner upon such his pretending Competitors, Kings (alias Tyrants.) And the first that I read of was the King of Jericho, whom he destroyed Josh 6. 21. and 10. 28. And the next was the King of Are, whose City and Inhabitants he utterly destroyed, and hanged their King on a tr●e, Josh 8. 26, 28, 29 The next after them wa● five Kings, with whom he waged battle altogether, And when he had slain their people, he took the five Kings, and caused his Captains and men of war to tread upon their nec●●s. and afterwards he s●ote them, and slew them, and hanged them on five trees, josh 10. 26. The next he destroyed was the King of Makkedah, vers. 28. and vers. 29. he destroyed the King of Libnah, verse. 23. he destroyed the King of Gezer; and the next he destroyed was the King of Hebron, verse. 37. A●d then he utterly destroyed the King of Debir, and his City, verse. 39 and in chap. 11. Hazer sent to abundance of his neighbouring Kings, who assembled much people together, even as the sand that is upon the Seashore, (vers. 4) to fight against Joshua, who utterly destroyed them all vers. 12.— 23. which in the next Chapter he enumerates; And after Joshua, the Lord chose Judah, to be his Executioner, ●● his Deputy, or Viceroy, that being a name and title high enough for any man, and the first piece of justice that Judah doth, is upon Adonibezek, who was a great and cruel King and Tyrant, and his thumbs and his great toes he cut off, who himself confessed it, a just hand of God upon him, himself having serv●d threescore and ten Kings in the same manner, and made them gather their meat under his Table, judg. 1. 6, 7. But the children of Israel (h● Subjects of GOD not only by Creation, but also by Contract and Covenant) v●o●ating their Covenant with their Sovereign LORD and KING, I● no● driving out, and utterly destroying the people of God's indignation (who had rob him of his Honour, as their Sovereign by creation in yielding subjection to the wills and lusts of Tyrants, called their Kings, who had thereby usurped upon the peculiar Prerogative Royal of GOD himself, and so put both Tyrants (Kings) and Slaves (his Subjects) out of the protection of their Creato●) wherefore they became unto them as thorns in their sides, judg. 2. 2, 3. and in a little time they began to rebel against their LORD, and his Laws, which incensed his anger against them, and caused him to deliver them into the hands of Spoilers, and to sell them into the hands of their Enemies round about, judg. 2. 14. And in the 9 chapter Abemilech sought the Sovereignty over the people, and got it with the blood and slaughter of threescore and ten of his Brethren, but GOD requit●d●●, with a wi●nesse, both on him, and all that had a finger in furthering of his usurpation, vers. 23 24, 45, 53, 54 for afterward the Tyrant tha● they had set up destroyed them all for their pains, and in the end had his scull broke to pieces with a piece of a millstone thrown from the hand of a woman, And after many miseries sustained by the people of Israel, for their revolt from their loyalty to GOD, their LORD and KING: Yet in their distress, he took compassion of them, and sen● them Samuel, a just and righteous Judge, who judged ●hem justly all his days.  
But the people of Israel like foolish men, not being content with the Government of their Sovereign by Judges (who ou● of doubt took such a care of them, that he provided the best in the world for them) would reject their Liege Lord, and choose one of their own; namey, a King, that so they might be like the Pagans and Heathens, who i've without God in the world, which Act of theirs, God plainly declares was a rejection of him, th●t he should not reign over them, 1 Sam. 87. and chap. 10. 19 Bu● withal, he describes unto them the behaviour of the King, vers 11, 12, 13, 14, 16. which 
1 Sam. 8. 7. and 10. 9  is, that he will rule and govern them by his own will [just Tyrant like] for saith Samuel, he will take your Sons, and appoint them for himself for his Chariots, and to be his hor●em●n, and some shall run before his Chari 'tis, and he will take (by his Prerogative) your Fields, and your Vineyards, and you● Oliveyards, eve● the hest of them, and give them to his Servants, and he will take your man-servants, and your maidservants, and your goodliest youngmen, and your Asses, and put them to his work, etc. And saith Samuel, you shall cry out in that day, because of your King, which ye shall have chosen unto you: but the Lord will not hear you in that day: And Samuel (in the 12. C●ap●er,) gives them positively the reason ofi●, which was, that although GOD in all their straits had taken compassion on them, and sent them deliveries, and at the last, had by himself, set them free on every side; so that they dwelled sately: Yet all this would not content them, but they would have a King to reign over them, when (s●●h Samu●l) the ●ord your God was your King: therefore chap. 1●▪ 19 saith Samuel, ye have this day rejected your God, who himself saved you out of all your adversities, etc. yea, and (in the 19 ver. of the 12. chap.) the People acknowledged that they had added unto all their sins, this evil, even to ask a King; Whereb, we may evidently perceive, that this office of a King, is not in the least of God's institution; neither is it to b● given to any man upon earth: Because none must rule by his will but God alone; And therefore the Scripture saith, He gave them a King in his anger, and took him away in his wrath, Hosa 13. 11.  
In the second place for the proof of the minor Proposition, which is, That Charles R. received his Crown and Kingdom by contract and agreement, and hath broken his contract and agreement, I thus prove.  
And first, for the first part of the position, History makes it clear, that WILLIAM THE CONQVEROUR, OR TYRANT, being a Bastard, subdued this Kingdom by force of Arms Read Speeds Chronicle, folio 413. There being slain in the first Battle, betwixt him and the English about sixty thousand men, on the English party, As Daniel records in his History, fol. 25. And having gained the Country, he ruled it by his sword, as an absolute Conqueror, professing that he was beholding to none for his Kingdom, but God and his sword, making his power as wide as his will (just Tyrant like) giving away the Lands of their Nobles to his Normans, laying unwonted taxes, and heavy subsidies upon the Commons, insomuch, that many of them; to enjoy a barren liberty, forsook their fruitful inheritance, and with their w●ves and children as outlaws, lived in woods, preferring that naked name of freedom, before a sufficient 
☞  maintenance possessed under the thraldom of a Conqueror, who subvert●ed their Laws, disweaponed the Commons, prevented their night meetings, with a heavin penalty, that every man at th● day closing should cover his fi●e, and departed to his rest, there by depriving them of all opportunity to consult together, how to recover their liberties; collating Officers all both of command and judicature, on those who were his, 〈◊〉 made, saith Daniel, page 46. his domination such as he● would have it; For whereas the causes of the Kingdom were before determined in every Shire, And by a Law of King Edward Seg●ier, all matters in question should, upon special penalty, without further deferment, be finally decided in the Gemote, or Conv●●●ions held monthly in every Hundred: Now he ordained▪ That four times in the year for certain days, the same business should be determined, in such place as he would appoint, where he constituted Judges, to 〈◊〉 to that purpose, and others from whom as from the bosom● of ●he Prince all litig●tors should have justice. And to make them ●s miserable, as slaves could be made, He ordered that the Laws should be practised in French, A● P●itions, and businesses of C●urt ●n French, that so the poor miserable people might be gulled, and cheated, undone and destroyed; not only at his will and pleasure, but also at the will and pleasure of his under Tyrants and Officers; For to speak in the words of Martin, in his History, page 4 He enacted and established strict and severe Laws, and published them in his own language; by means whereof, many (who were of great estate, and of much worth) through ignorance did transgress and their sm●llest offences were great enough to entitle the CONQVEROR to their lands, to the lands and riches which they did possess; All which ke seized on, and took from them without remorse. And in page 5. he declares, hat he erected sundry Courts, for the administrations his ●ew Laws, and of Justice, and lest his judges should bear to● great a sway by reason of his absence; he caused them all to follow his Court, upon all removes, Whereby he not only kerbed th●ir dispositions, which incited them to be great, but also tired out the English N●tion with extraordinary troubles, and excessive charges, in the prosecution of Suits in Law.  
From all which relations we may observe;  
First, from how wicked, bloody, trivial, base, and tyrannical a Fountain our gracious Sovereigns, and most excellent Majesties of England have sprung; namely, from the Spring of a Bastard, of poor condition, by the Mother's side, and from the pernicious springs of Robbery, Piracy, violence, and Murder, etc. Howsoever, fabulous Writers, striv● (as Daniel saith) to abuse the credulity of after Ages, with Heroical, or mircaulous beginnings, that surely if it be rightly considered, there will none dote upon those kind of Monsters, Kings; bu● Knaves, Fools, Tyrants, or Monopolizers, or unjust wretched persons, that must of necessity have their Prerogative to rule over all their wickednesses.  
Secondly, Observe from hence, from what a pure Fountain our enslaving Laws, Judges, and Practices in Westminster Hall, had their original; namely, from the will of a Conqueror and Tyrant, for I find no mention in History of such judges, Westminster Hall Courts, and such French ungodly proceed as these, until his days, the burden of which, in many particulars to this day, lies upon us.  
But in the 21. of this Tyrant's reign, After that the captivated Natives had made many struggle for their liberties. and he having always suppressed them, and made himself absolute, He began (saith Daniel, fol. 43.) to govern all by the customs of Normandy; whereupon the aggrieved Lords, and sad People of England tender their humble Petition, beseeching him in regard of his Oath made at his Coronation; and by the soul of St. Edward, from whom he had the Crown and Kingdom, under whose Laws they were born and bred, that he would not add that misery, to deliver them up to be judged by a strange Law wh●●h they underst●●d no●. A●d (saith he) so earnestly they wrought, that he was pleased to confirm that by his Charter, which he had twice ●ore-prom●●d by ●is Oath. And gave commandment unto his I●stitiaries to see those Laws of St. Edward to be inviolably observed through u● the Kingdom. And yet notwithstanding this confirmation, 〈◊〉 the C●●r●ers afterward granted by Henry the secon●, ●nd King john, to the same effect; There followed a great Innovation b●th in Laws and Government in England; so that this seems rather to h●ve b●en done to acquit the people, with a show of the confirmation of their ancient Customs and liberties, then that they enjoyed them inessect: For whereas before, those Laws they had, were written in their tongue intelligible unto all; Now they are translated into Latin and French. And whereas the Causes of the Kingdom were before determined in every Shire, And by a Law of King Edward signior, all matters in question should upon special penalty, w●tk●ut ●urther deferment, be finally decided in their Gemote or Conventions held monthly in every Hundred (A MOST GALLAN● LAW.) But he ●et up his ●udges four times a year, where he thought good to he●● their Causes; Again, before his Conquest, the inheritances descended not alone, but (after the German manner, equally divided to all the children which he also altered; And after this King (alias, Tyrant) had a cruel and troublesome reign, his own Son Robert rebelling against him (yea, saith Speed, fol. 430.) all things degenerated so (in his cruel days) that t●me and domestick● fowls, as Hens, Geese, Peacocks, and the like, fled into the Forests and Woods, and became very wild in imitation of men. But when he was dead, his Favourites would not spend their pains to bury him, and scarce could there be a grave procured to lay him in; See Speed, fol. 434. and Daniel, fol. 50. and Martin, fol. 8.  
WILLIAM THE SECOND, to cheat and cozen his eldest brother Robert, of the Crown, granted relaxation of tribute with other releevements of their dolencies, and restored them to the former freedom of hunting in all his Woods and Forests, Daniel fol. 53. And this was all worth the mentioning, which they got in his days.  
And then comes his brother, Henry the first, to the Crown, and he also stepping in before Robert the eldest brother, and the first actions of his government tended all to bate the people, and sugar their subjection, as his Predecessor upon the like imposition had done, but with more moderation and advisedness; for he not only pleaseth them in their releevement, but in their passion, by punishing the chief Ministers of their exactions, and expelling from his Courtall dissolute persons, and eased the people of their Impositions, and restored them to their lights in in the night, etc. but having got his ends effected, just tyrantlike, he stands upon his Prerogative, that is, his will and lust; but being full of turmoils, as all such men are, his Son the young Prince, the only hope of all the Norman race was at Sea, (with many more great ones) drowned, after which, he is said never to have been seen to laugh, and having (besides this great loss) many troubles abroad, and being desirous to settle the Kingdom upon his daughter Maud the Empress, than the wife of Coffery Plantagenet, in the 15. year of his reign he gins to call a Parliament, being the first after the Conquest: for that (saith Dan. fol. 66.) he would not wrest any thing by an imperial power from the Kingdom (which might breed Ulcers of dangerous nature) he took a course to obtain their free consents, to observe his occasion in their general Assemblies of the three Estates of the Land, which he convocated at Salisbury, and yet notwithstanding by his prerogative, resumed the liberty of hunting in his Forests, which took up much fair ground in England, and he laid great penalties upon those that should kill his Deer. But in this Henry the first, ended the Norman race, till Henry the second: For although Henry the first had in Parliament caused the Lords of this Land, to swear to his Daughter Maud and her Heirs, to acknowledge them as the right Inheritors of the Crown: Yet the State elected, and invested in the Crown of England (within 30. day's aftter the death of Henry) Stephen Earl of Bolloign, and Montague Son of Stephen, Earl of Blois, having no title at all to the Crown, but by mere election was advanced to it, The Choosers being induced to make choice of him, having an opinion, that by preferring one, whose title was least, it would make his obligation the more to them, and so, they might stand better secured of their liberties, then under such a one as might presume of a hereditary succession.  
And being crowned, and in possession of his Kingdom, he assembleth a Parliament at Oxford, wherein he restored to the Clergy all their former liberties, and freed the Laity from their tributes, exactions, or whatsoever grievances oppressed them, confirming the same by his Charter, which faithfully to observe, he took a public Oath before all the Assembly, where likewise the BBs. swore fealty to him, but with this condition (saith Daniel, folio 69.) SO LONG AS HE OBSERVED THE TENOR OF THIS CHARTER, And Speed in his Chronicle, fol. 468. saith, that the Lay-Barons made use also of this policy, (which I say is justice and honesty) as appeareth by Robert Earl of Gloucester, who swore to be true Liegeman to the King, AS LONG AS THE KING WOULD PRESERVE TO HIM HIS DIGNITIES, AND KEEP ALL COVENANTS: But little quiet the Kingdom had; for rebellions and troubles daily arose by the friends of Maud the Empress, who came into England, and his Associates pitching a field with him, where he fought most stoutly, but being there taken, he was sent prisoner to Bristell. And after this Victory thus obtained, (saith Martin, fol. 29.) The Empress, with many honourable triumphs and solemnities was received into the Cities of Circester, Oxford, Winchester, and London; but the Londoners desiring the restitution of King Edward's Laws, which she refused, which proved her ruin, and the restitution of King Stephen out of prison, and to the Crown again; and after some fresh bouts, betwixt King Stephen, and Duke Henry (Mauds' eldest Son) a Peace was concluded betwixt them in a Parliament at Westminster, and that Duke Henry should enjoy the Crown after King Stephen. At the receiving of which, he took the usual oath, and being like to have much work in France, etc. being held in thereby from all exorbitant courses, he was therefore Wary to observe at first, all means to get, and retain the love and good opinion of this Kingdom, by a regular and easy government, and at Waldingford, in Parliament (saith Daniel, fol. 80.) made an act, that both served his own turn, and much eased the stomaches of his people, which was the expulsion of strangers, wherewith the Land was much pestered, but afterwards was more with Becket the traytorly Archbishop of Canterbury, And after him succeeds his Son Richard the first. (At the beginning of this man's Reign, a miserable massacre was of the Jews in this Kingdom,) who went to the holy wars, and was taken prisone, by the Emperor. as he came home, of whom (Daniel saith, fol. 126.) that) he reigned 9 years, and 9 months, Wherein he exacted, and consumed more of this Kingdom, than all his Predecessors from the Norman had done before him, and yet less deserved than any. His brother Duke John being then beyond Seas with his Army, was by the then Archbishop of Canterbury's means endeavoured to be made King, Who undertook for him that he should restore unto them their Rights, and govern the Kingdom as he ought with moderation, and was thereupon, (after taking three oaths, which were to love holy Church, and preserve it from all Oppressors, 
The King's Oath.  to govern the State in justice, and abolish bad Laws, not to assume this Royal honour, but with full purpose to rerform: that he had sworn. Speed 534.) crowned King; And because the title was doubtful, in regard of Arthur the Posthumus Son of Geoffrey. Duke of Britain, King john's eldest brother (Speed fol. 532) he receives the Crown and Kingdom by way of election, Daniel fol. 127. the Archbishop that crowned him, in his Oration professing, before the whole Assembly of the State, That by all reason, Divine and Humane, none ought to succeed in the Kingdom, but who should be for the worthiness of his virtues, universally chosen by the State, as was this man. And yet notwithstanding all this, he assumed power by his will and prerogative, to impose three shillings upon every ploughland, and also exacted great Fines of Offenders in his Forests. And afterwards summons the Farles and Barons of England to be presently ready with Horse and Arms to pass the Seas with him. But they holding a conference together at Leicester, by a general consent send him word, That unless he would render them their rights and liberties, they would not attend him out of the Kingdom. Which put him into a mighty rage; but yet he went into France, and there took his Nephew Arthur prisoner, and put him to death, by reason of which the Nobility of Britain, Anjou and Poictou, took Arms against him, and summon him to answer at the Court of Justice of the King of France, to whom they appeal. Which he refusing, is condemned to lose the Duchy of Normandy, (which his Ancestors had held 300. years) and all other his Provinces in France, which he was accordingly the next year deposed of.  
And in this disastrous estate (●aith Daniel fol. 130.) he returns into England, ●nd charges the Earls and Barons with the reproaches of his l●sses in France; and fines them (by his Prerogative) to pay the seventh part of all their goods for refusing his aid. And after this going over into France to wras●le another fall, was forced to a peace for two years, and returns into England for more supplies; where, by his will, just, and prerogative, he lays an imposition of the thirteenth part of all moveables, and other goods, both of the Clergy and Laity; who now (saith Daniel) seeing their substances consume, and likely ever to be made liable to the King's desperate courses, began to cast about for the recovery of their ancient immunities, which upon their former sufferance had been usurped by their late Kings. And hence grew the beginning of a miserable breach between the King & his people, Which (saith he) folio 131.) cost more ado, and more Noble blood, than all the wars for reign had done since the Conquest: For this contention ceased not, though it often had fair intermissions, till the GREAT CHARTER, made to keep the Beam right betwixt SOVEREIGNTY and SUBJECTION, first obtained of this King JOHN, in his 15. and 16. years of his years of his reign; and after of his son Henry the 3. in the 3. 8. 21. 36. 42. years of his reign (though observed truly of neither) was in the maturity of a judicial Prince, Edward the first, freely ratified, Anno regni 27. 28. But I am confident, that whosoever seriously and impartially readeth over the lives of King John, and his son Henry the third, will judge them Monsters rather then men, Roaring Lions, Ravening Wolves, and salvadge Boars (studying how to destroy and ruin the people) rather then Magistrates to govern the people with justice and equity: For, as for King John; he made nothing to take his Oath, and immediately to break it (the common practice of Kings) to grant Charters and Freedoms, and when his turn was 
Consider, compare, and conclude.  served, to annihilate them again; and thereby, and by his tyrannical oppressions, to embroil the Kingdo●e in Wars, Blood, and all kind of miseries. In selling and basely delivering up the Kingdom (that was none of his own, but the peoples) as was decreed in the next Parliament (Speed fol. 565. by laying down his CROWN, Sceptre, Mantle, Sword and Ring, the Ensigns of his Royalty, at the feet of Randulphus the Pope's Agent, delivering up therewithal the Kingdom of England to the Pope. And hearing of the death of Geoffrey Fitz Peter, one of the Patrons of the people, rejoiced much, and swore by the Feet of God, That now at length he was King and Lord of England, having a fre●r power to untie himself of those knots which his Oath had made to this great man against his will, and to break all the Bonds of the late concluded peace with the people; unto which he repent to have ever condescended. And (as Daniel folio 140. saith) to show the desperate malice this King (and Tyrant) (who rather than not to have an absolute domination over his people to do what he listed, would be any thing himself under any other, that would but support him in his violences.) There is recorded an Ambassage (the most and impious that ●ver was sent by any Christian Prince) unto Maramumalim the Mo●●●, entitled, The great King of Africa, etc. Wherein he offered to render u●to him his Kingdom, and to hold the same by tribu●● from him, as his Sovereign Lord: to forgo the Christian faith (which he held va●●) and receive that of Mahomet. But leaving him and his people together by the cares (striving with him for their ●●●r●es and freedoms (a● justly they might) which at last brought in the French amongst them to the almost utter ruin and destruction of the whole Kingdom, and at last he was poisoned by a Monk.  
It was this King (or Tyrant) that enabled the Citizens of London to make their Annual choice of a Mayor and two Seriffes.  Martaine 59 
The Kingdom being all in broils by the French, who were called in to the aid of the Barons against him; and having got footing; plot and endeavour utterly to extinguish the English Nation. The States at Gl●cester in a great Assembly, caused Henry the third his son, to be Crowned, who walked in his Father's steps in subverting the people's Liberties and Freedoms, who had so freely chosen him, and expelled the French: yet was he so led and swayed by evil Councillors, putting out the Natives out of all the chief places of the Kingdom, and preferred strangers only in their places. Which do made many of the Nobility (saith Daniel folio 154.) combine themselves for the defence of the public according to the law of Nature and Reason) and boldly do show the King his error, and ill-advised course in suffering strangers about him, to the disgrace and oppression of his natural liege people, contrary to their Laws and Liberties; and that unless he would reform this excess whereby his Crown and Kingdom was in imminent danger, they would withdraw themselves from his Council. Hereupon the King suddenly sends over for whole Legions of Poictonions, and withal summons a Parliament at Oxford, whither the Lords refuse to come. And after this, the Lords were summonedto a Parliament at Westminster, whither likewise they refused to come, unless the King would remove the Bishop of Winchester, and the Poictonians from the Court: otherwise by the common Counsel of the Kingdom, they send him express word, They would expel him and his evil Councillors out of the land, and deal for the creation of a new King. Fifty and six years this King reigned in a manner in his Father's steps: for many a bloody battle was fought betwixt him and his people for their Liberties and Freedoms, and his son Prince Edward traveled to the wars in Africa: The State after his Father's death in his absence assembles at the New Temple, and Proclaim him, King. And having been six years absent, in the the third year of his reign comes home, and being full of action in wars, occasioned many and great Levies of money from his people; yet the most of them was given by common consent in Parliament; and having been three years out absent of the Kingdom, he comes home in the 16. year of his reign. And general complaints being made unto him of ill administration of justice in his absence, And that his Judges like so many Jews, had eaten his people to the bones, & ruinated them with delays in their suits, and enriched themselves with wicked corruption (too common a practice amongst that generation) he put all those from their Offices who were found guilty (and those were almost all) and punished them otherwise in a grievous manner, being first in open Parliament convicted. See Speed folio 635. And, saith Daniel, folio 189. The fines which these wicked corrupt Judges brought into the King's Coffers, were above one hundred thousand marks; which at the rate (as money goes now) amounts to above three hundred thousand Marks; by means of which he filled his empty coffers, which was no small cause that made him fall upon them. In the mean time these were true branches of so corrupt a root as they flowed from, namely the Norman Tyrant. And in the 25. year of his reign he calls a Parliament, without admission of any Churchman: he requires certain of the great Lords to go into the wars of Gascoigne; but they all making their excuses every man for himself: The King in great anger threatened that they should either go, or he would give their Lands to those that should.  
Whereupon Humphrey Bohun, Earl of Hereford, High Constable, and Roger Bigod, Earl of Norfolk, Martial of England, made their Declaration, That if the King went in person, they would attend him, otherwise not. Which answer more offends. And being urged again, the Earl Marshal protested, He would willingly go thither with the King, and march before him, in the Vanguard, as by his right of inheritance he ought to do. But the King told him plainly, he should go with any other, although himself went not in person. I am not so bound (said the Earl) neither will I take that journey without you. The King swore by God, Sir Earl you shall go or hang. And I swear by the same oath, I will neither go nor hang (said the Earl). And so without leave departed.  
Shortly after the two Earls assembled many Noblemen, and others their friends, to the number of thirty Baronet's; so that they were fifteen hundred men at Arms, well appointed, and stood upon their own guard: The King having at that time many Irons in the fire of very great consequence, judged it not fit to meddle with them, but prepares to go beyond the Seas, and oppose the King of France; and being ready to take ship, the Archbishops, Bishops, Earls, and Barons, and the Commons send him in a Roll of the general grievances of his Subjects, concerning his Taxes, Subsidies, and other Impositions, with his seeking to force their services by unlawful courses, etc. The King sends answer, that he could not alter any thing without the advice of his Council, which were not now with them; and therefore required them, seeing they would not attend him in this journey (which they absolutely refused to do, though he went in person, unless he had gone into Fra●c● or Scotland) that they would yet do nothing in his absence prejudicial to the peace of the Kingdom. And that upon his return, he would set all things in good order as should be fit.  
And although he sailed away with 500 sail of ships, and 18000. men at Arms, yet he was crossed in his undertake, which forced him (as Daniel saith) to send over foremore supply of treasure, and gave order for a Parliament to be held at York by the Prince, and such as had the managing of the State in his absence; wherein, for that he would not be disappointed, he condescends to all such Articles as were demanded concerning the Great Charter, promising from thenceforth never to charge his Subjects, otherwise then by their consents in Parliament, etc. which at large you may read in the Book of Statutes, for which, the Commons of the Realm granted him the ninth penny: A● so dear a rate were they forced to buy their own Rights, at the hands of him that was their servant, and had received his Crown and Dignity from them, and for them: But the People of England not being content with the confirmation of their Liberties, by his Deputies, press him (at a Pa●l. at Westminster) the next year to the confirmation of their Charters, he pressing hard to have the Clause, Salvo Jure Coroae nostrae put in, but the People would not endure it should be so: Yet with much ado he confirms them, according to their mind, and ●hat neither he, nor his heirs, shall procure, or do any thing whereby the Liberties of the Great Charter contained, shall be infringed or broken; and if any thing be procured, by any person, contrary to the premises, i● shall be held of no force, nor effect, And this c●st them dear, as I said before.  
So that here you have a true relation, of the begetting, the conception, and birth of Magna Charta, The English-Mans Inheritance, And how much blood and money it cost our forefathers before they could wring it out of the hands of their tyrannical Kings; and yet alas, in my judgement, it falls far short of Edward the Confessors Laws, (for the ease, good, and quiet of the people) which the Conqueror rob England of, for the Norman practices yet in Westminster-Hall, by reason of their tediousness, ambiguities, uncertainties, the entries in Latin, which is not our own Tongue, their forcing men to plead by Lawyers, and no● permitting ☞ themselves to plead their own causes, their compelling of persons to come from all places of the Kingdom, to seek for Justice at Westminster, is such an Iron Norman yoke with fangs and teeth in it (as Lieutenant Colonel Lilburn in his late printed Epistle to Judge Reeves calls it,) That if we werefree in every particular else, that our hearts can think of; yet (as the same Author saith) were we slaves, by this alone, the burden of which singly will pierce, & gall our shoulders, & make us bow, & stoop even down to the ground, ready to be made a prey, not only by great men, but even by every cunning sharking knave.  
Oh, therefore that our Honourable Parliament, according to their late Declaration, would for ever annihilate this Norman innovation, & reduce us back to that part of the ancient frame of government in this Kingdom before the Conqueror's days, That we may have all cases and differences decided in the County or Hundred where they are committed, or do arise, without any appeal but to a Parliament, And that they may monthly be judged by twelve men, of free, and honest condition, chosen by themselves, with their grave (or chief) Officer amongst them, and that they may swear to judge every man's cause aright, without fear, favour, or affection, upon a severe and strict penalty of those that shall do unjustly: And then farewell jangling Lawyers, the wildfire-destroyers, and bane of all just, rational, and right-governed Commonwealths, And for the facilitating of this work, and the prevention of frauds, I shall only make use of Mr. John Cooks words (a Lawyer in Grays-Inne) in the 66. page of his late published Book, called, A Vindication of the Professors, and Profession of the Law, where he prescribes, A ready remedy against Frauds, which is, That there might be a public office in every County to register all Leases made for any Land in that County, and also all conveyances whatsoever, and all charges upon the Lands, and all Bonds and Contracts of any value; for (saith he) It is a hard matter to find out Recognizances, Judgements, Extents, and other Charges, (and too chargeable for the Subject) that so for 12. d. or some such small matter every man might know in whom the Interest of Land remains, and what encumbrances lie upon it, and every estate, or charge not entered there, to be void in Law. And that the Country have the choosing of the Registers in their respective Counties once a year, upon a fixed day, and that they have plain rules and limitations made by authority of Parliament, and severe penalties enacted for transgressing them.  
But after this digression, let us return to Mag. Charta, whosoever readeth i● (which eve●● man may at large, at the beginning of the book of Statutes) sha●l fi●d it an absolute Contract betwixt the Kings of England, and the People thereof, which, at their Coronations ever since, they take an Oath inviolable to observe; And we shall find in the days of ●his P●inc●, who is noted for one of the best that we have, that Englishmen understood themselves so well, that when the Pope endeavoured to meddle in a business betwixt the Scots and the Crown of England, there was letters sent from Lincoln at a Parliament, which did absolutely tell the Pope, that the King their Lord should i● no sort undergo his Holiness judgement therein: Neither send his Procurators (as was required) ●bout that business, whereby it may seem that doubts were made of their King's title, to the prejudice of the Crown, the Royal Dignity, the Liberties, Custom●s, and Laws of England, which by their oath and duty they were bound to observe, and would defend with their lives. Neither would they permit, (nor could) any usual, unlawful, and detrimental proceeding (but that which is most observable, is in the next clause, viz.) nor suffer their King, if he would, to do, or any way to attempt the same, Daniel fol. 199.  
After the warlike King, succeeded his Son Edward the second▪ who was continually at variance with his people, although never any before him was received with greater love of the people than he (as saith Daniel fol. 204.) nor ever any that sooner le●t it. His very first actions discovered a headstrong wilfulness that was unconcealable, regarding no other company but the base Parasites of of the times, the head of which was Gaveston, which made his Nobles at Westminster, when he, and his Queen was to be crowned, to assemble together, and require him that Gaveston his darling might be removed from out of the Court and Kingdom, otherwise they purposed to hinder his Coronation at that time. Whereupon the King to avoid so great a disgrace, promises on his saith, to yield to what they desired in the next Parliament. And at the next Parliament the whole Assembly humbly besought the King, to advise and treat with his Nobles, (who then (it seems) were abundantly honester than these are now) concerning the state of the Kingdom, for the avoiding of imminent mischief, likely to ensue through the neglect of Government, and so far urged the matter, as the King consents thereunto, and not only grants them liberty to draw into Articles what was requisite for the Kingdom, but takes his Oath to ratify whatsoever th●y should conclude. Whereupon they elect certain choice men both of the Clergy, Nobility, and Commons, to compose those Articles: which don●, the Archbishop of Canterbury (lately recalled from exile with the rest of his Suffragans,) solemnly pronounced the Sentence of Excommunication (whi●h than was a fe● full thunderbolt) against all such who should contradict those Articles, which were there publicly read before the Barons, and Commons of the Realm, in the presence of the King; Amongst which, the observation, and execution of Magnae Charta is required, with all other ordinances necessary for the Church and Kingdom, and that as the said King had done, all stranger's should be banished the Court, and Kingdom, and all ill Councillors removed. That the business of the State should be treated on, by the Council of the Clergy and the Nobles. That the King should not begin any war, or go any way out os the Kingdom, without the common Council of the same, Daniel fol. 205. Speed fol. 652. But this King, for his evil government breaking his Oaths and Contracts with his People, was therefore, by common consent in full Parliament, deposed. Which we shall have occasion b● and by more fully to speak of, and the Bishop of Hereford as the mouth of those Messengers that were sent by the Parliament, the Body of the State, told him, that the Commonwealth had in Parliament elected his eldest Son, the Lord Edward, for King, and that he must resign his Diadem to him, or after the refusal, suffer them to elect such a person as themselves should judge to be most fit, and able to defend the Kingdom.  
This Prince being crowned, reigned above 50. years, and hath the best commendation for Manhood and Justice of any Prince that went before him, or that followed after him; who yet notwithstanding, though he came in by election, and took the Oath at his Coronation, which his Father took before him, yet he failed often in the performance of it; Of which the BBp. of Canterbury in an Epistle written to him when he was in France, tells him home of it, in these words, That it was the safety of Kings, and their Kingdoms, to use grave and wise Councillors, alleging many examples, out of holy Writ, of the slourishing happiness of such as took that course, and their infelicity who followed the contrary. Then wills him to remember how his Father (led by evil Council) vexed the Kingdom, putting to death, contrary to the Law of the Land, divers of the Nobility, and wished him to consider what happened thereby unto him. 〈◊〉, to call to mind, how himself at first, through evil Council about 〈◊〉 almost lost the hearts of his people. But afterwards by the great 〈◊〉, and care of his Prelates and Nobles, his affairs were 〈…〉 into so good order, as he recovered them, and is reputed the noblest Prince in Christendom; But now again, at present, through the 〈◊〉 Council of such as effect their own prosit, more than his honour, o● the welfare of his People; he had caused Clergymen, and others, to be arrested, and held in prison by undue proceeding, without being indicted or convilled contrary to the Laws of England (which (he saith) he was ●●●nd by his Oath at his Coronation to observe, and against Magna Charta, which whosoever shall presume to infringe, are to be by the Prelates excommunicate, so that hereby he incurred no small detriment to his Soul, and to the State, and his Honour, which he doubted (if he proceeded in it) would lose both the hearts of the people, and their aid, and help, Daniel Foli▪ 229. 230. For which the King sharply according to his prerogative power reproveth him; But shortly after, the King found much to do● in the Parliament held at London, being earnestly petitioned by the whole Assembly, that the great Charter of Liberties, and the Charter of Forests might be duly observed, and that whosoever of the King's Officers infringed the same should lose their place: That the high Officers of the Kingdom should as in former times, 
* Read Daniel, fol. 149.  be elected by Parliament; But the King stood stiff upon his prerogative, but yet yielded that these Officers should receive an Oath in Parliament to do justice unto all men in their Offices, and thereupon a Statute was made and confirmed with the King's Seal; both for that and many other Grants of his, to the Subjects, which notwithstanding were, for the most part, presently after revoked, Daniel fol. 231. (But forasmuch as) About this time (in the Statute-Bookes at large, fol. 144. l find) was an excellent Oath made in the 18. of Edw. 3. Anno 1344. entitled, The Oath of the Justices.  
I conceive it may be worth the reading, and therefore it is not unnecessary here to insert it, which thus followeth:  
YE shall swear that well and lawfully, ye shall serve our Lord the King, and his People in the Office of justice, and that lawfully ye shall counsel the King in his business, And that ye shall not counsel nor assent to any thing, which may turn him in damage, or disherison by any manner, way, or colour; And that ye shall not know the damage, or disherison of him, whereof ye shall not cause him to be warned by yourself, or by others and that ye shall do equal Law, and execution of right to all his Subjects rich and poor, without having regard to any person. And that you take not, by yourself, or by other, privately nor apertly, gift nor regard of gold nor silver, nor of any other thing, which may turn to your profit, unless it be meat or drink, and that of small value of any man that shall have any plea, or process hanging before you, as long as the same process shall be so hanging, nor after for the same cause, And that ye take no Fee, as long as ye shall be Justice, nor Robes of any man great or small, but of the King himself: And that ye give none advice nor counsel to no man great nor small, in no case where the King is party. And in case that any of what estate or condition they be, come before you in your Sessions, with force and arms, or otherwise against the peace, or against the form of the Statute thereof, made (Stat 2. E. 3. 3.) to disturb execution of the Common-Law, or to ●●●ace the people, that they may not pursue the Law; that ye shall cause their bopies to be arrested, and put in prison: And in case they be such, that ye cannot arrest them, that ye certify the King of their names, and of their misprision hastily, so that he may thereof ordain a conveniable remedy. And that ye by yourself, nor by others, privily nor apertly maintain any plea or quarrel hanging in the King's Court, or elsewhere in the Country. And that ye deny to no man common right, by the King's Letter's, nor none other man's, nor for none other cause: & in case any Letters come to you, contrary to the Law, that ye do nothing by such Letters, but certify the King thereof, and proceed to execute the Law, notwithstanding the same Letters. And that ye shall do and procure the profit of the King and his Crown, with all things where you may reasonably do the sam●. And in case ye be from henceforth found in default, in any of the points aforesaid; ye shall be at the Kings will, of Body, Lands, and Goods, thereof to be done, as shall please him; As God you help●▪ and all Saints.  
But now in regard we shall for brevity's sake, but only touch at Richard the s●c●nd, who for his evil government was Articled against in Parliament, Martin fol. 156, 157, 158, 159, 160. Speed fol. 742. The substance of which, in Speeds words were: First, in the front was placed his abuse of the public treasure, and unworthy waste of the Crown-Land, whereby he grew intolerable grievous to the Subjects, The particular causes of the Dukes of Gloucester and Lancaster, the Archbishop of Canterbury, the Earl of Arundel, filled sundry Articles: They charged ●im in the rest with dissimulation, falsehood, ●osse of honour abroad in the world, extortious, rapine, denial of Justice▪ rasu●es and e●b●zelling of records, dishonourable shifts, wicked Axioms of S●at●, cruelty, covetousness, subordinations, lasciviousness, reason to the rights of the Crown, perjuries, and briefly, wi●h all sorts of unkingly vices, and with absolute tyranni●. Upon which it was concluded, That he had broken his Contract made with the Kingdom, or the Oath of Empire, taken at his Coronation, and adjudged by all the States in Parliament, That it was sufficient cause to depose him, and then the diffinitive sentence was passed upon him. And we shall wholly pass over Henry the 4. 5. and 6. Edward 4. and 5. Richard 3. Hen. 7. and 8. and shall come down to King Charles, and not mention the particular miseries, bloodsheds, cruelties, treason, tyrannies, and all manner of miseries that the freeborn people of this Kingdom underwent, in all or most of their wicked reigns, especially in the Baron's wars; In which time, the Inhabitants of England had neither life, liberty, nor estates, that they could call their own, there having been ten Batters of note fought in the Bowels of this Kingdom, in two of their Reigns only, viz. Hen. 6. and Edw. th● 4. In one of which 〈◊〉 there was 37. thousand English sl●i●, Martin fol 393, 394▪ ●95.  
I say w● will p●ss● by all these, a●d give you the Copy of the Oath, that King Edward 2. and K●●g Edward h● 3. (by authority of Parliament) took, and which all th● Kings and Queens of England since to this day, at th●i● Coronation ●ither took, or aught to have taken, never having (b● authority of Parliament) b●en altered since that I could hear of, by which it will clearly appear, that the Kings of England receive their Kingdoms conditionally; The true Copy of whic●, as I find it in this Parliaments Declaration, made in reply to the King's Declaration, or answer ●o their Remonstrance, dated 26. May 1642. and set down in the Book of Declarations, page 713.  
SIR, Will you grant and keep, and by your Oath confirm unto the People of England, the Laws and Customs granted to them by ancient Kings of England, rightful men, and devout to God, and namely the Laws and Customs and Franchises granted to the Clergy, and to the People, by the glorious King Edward to your power?  
Sir, Ye keep to God, and to Holy Church, to the Clergy, and to the People Peace, and accord wholly after your power?  
Sir, Ye do, to be kept in all your Domes and judgements, true and even Righteousness, with Mercy and Truth.  
The King shall answer. I shall do it.  
Sir, Will you grant, defend, fulfil all rightful Laws and Customs, the which the COMMONS of Your Realm shall choose, and shall strengthen and maintain them to the Worship of GOD, after Your power.  
The King shall answer, I grant, and behight.  
And then the Archbishop of Canterbury at the time of the Coronation goes, or should go, to the four sides of the Scaffold, where the King is crowned, and declares, and relates to all the People, how that Our Lord the King had taken the said Oath, enquiring of the same people, If they would consent to have him their King, and Liege Lord, to obey him as their King and Liege Lord, who with one accord consented thereunto.  Now, let all the world be judge whether the Kings of England receive their Kingdom●s by contract, yea, or no. 
And if they do receive them by contract, as is already undeniably proved before; Then what becomes of that wicked and tyrannical Maxim, avowed by King Charles (immediately after his Answer to the Petition of Right, Book Statutes, fol. 1434.) viz. That he did owe an account of his actions to none but GOD alone; And of that erroneous Maxim, mentioned in Book Declaration, pag. 266. viz. That Kingdoms are Kings own, and that they may do with them what they will, as if Kingdoms were for them, and not they for their Kingdoms.  
But if any man shall object and say, that King Henry the 8. with his own hands altered this Oath; and therefore it is not the same Oath which King Charles hath taken.  
To which, I answer and say, The Parliament in their Declaration g●a●●s, that King Hen. the 8. etc. altered it; but they also say pag. 712. They do conceive that neither he, nor any other, had power to alter it, without an Act of Parliament. And in pag. 708. 709. They say, They well know what Kings have d●ne in this point: But we know also (say ●●ey) that what they have done is no good rule always, to interpret what they ●●ght to have done; for, that they are bound to the observation of Laws by their Oath, is out of question, and yet the contrary practised by them, will appear in all ages, as often. But to put this out of doubt, whosoever reads the Oath taken by this King, which he himself sets down in his Declaration, (Book Declar. pag. 290, 291.) will find no material difference betwixt that which he took, and that which he ought to have taken, saving in that clause of passing New Laws: But there is enough in that he took to prove my assertion, viz. That he received his Crown by a Contract, which further to prove, I allege the Petition of Right, which whosoever seriously readeth with his Answer to it, shall find it to be a large and absolute Declaration of a contracted duty betwixt him, and his people, viz. That it was his duty to govern them by Law, and not by his Prerogative Will, And when his first answer to their Petition did not please the Parliament, they pressed him again, out of Right, to give a satisfactory one: Which he, out of Duty doth, saying, Let right b● done, as is desired: So that this is a clear demonstration, and enough to prove that there is not only a bare Contract betwixt the King and the People, but also that he is bound by duty to grant such Laws, as they shall rationally choose, although there were no such Statute, as the 25. of Edward the 3. which they mention in pag. 268, nor no such clauses as they speak of, pag. 706, 707, 714. In the Records of 1 R. 2. Num: 44. and R. 2. Num: 34. and 40.  
Again, it will clearly appear, that there is a contract betwixt the King & his People; yea, and such a one, as ties up all his public official actions to be according unto Law, and not according to the rule of his own Will, if we seriously weigh but the Laws made, and past this present Parliament; but especially that for abolishing the Star-Chamber, and regulating the Council-table, the Act for abolishing the high Commission Court, two Acts for the levying and pressing Soldiers and Mariners; and an Act declaring unlawful and void the late proceed touching Ship-money, And an Act for preventing vexatious proceed, touching the order of Knighthood. And an Act for the free bringing in, and free making of Gunpowder.  
But if all this will not serve, let us a little further consider what the Parliament saith, who are the States representative of all the individuals of the State universal of England, Book Declar. pag. 171. 264. 336. 508, 613. 628. 654. 655. 703. 705. 711. 724. 725. 726 728. 729, 730.  
And therefore are the highest, supremest, and greatest Court, Counncel, and Judge of this Kingdom, pag. 141, 143, 197, 207, 213, 271, 272, 278, 280, 281, 303, 457, 693, 703, 704, 711, 718, 725.  
And who may justly be called the legal Conservators of England's Liberties, 281, 277, 282, 264, 496, 587, 588, 617, 693, 698.  
Yea the legal and public eyes and heart of England's Politic Body, pag. 213, 278, 340, 690.  
Of whom a dishonourable thing ought not to be conceived of them, pag 281, 654. much less to be acted or done by them, pag. 150.  
And they say pag. 266. That the King hath not that right to the Towns and Forts in England, which the people in general have to their estates, the Towns being no more the Kings own, than the Kingdom is his own: And his Kingdom is no more his own, than his people are his own; And if the King had a propriety in all his Towns, what would become of the Subjects propriety in their houses therein! And if he had a propriety in his Kingdom, what would become of the Subjects propriety in their Lands throughout the Kingdom, or of their Liberties, if his Majesty had the same right in their persons, that every Subject hath in their Lands or Goods, and what should become of all the Subjects Interests in the Towns and Forts in the Kingdom, and in the Kingdom itself, if his Majesty might sell them, or give them away, or dispose of them at pleasure, as a particular man may do with his Lands and his Goods; This erroneous Maxim being infused in●o Princes, that their Kingdoms are their own, and that they may do with them what they will (as if their Kingdoms were for them, and not they for their Kingdoms) is the ●oot of all the Subjects misery, and of the invading of their just Rights and Liberties, whereas indeed they are only entrusted with their Kingdoms, and with their Towns, and with their People, and with the public Treasure of the Commonwealth, and whatsoever is bought therewith; And by the known Law of this Kingdom the very Jewels of the Crown are not the King's proper Goods, but are only entrusted to him for the use and ornament thereof.  
As the Towns, Forts, Treasure, Magazine, Offices, and the People of the Kingdom, and the whole Kingdom itself is entrusted unto him, for the good, and safety, and best advantage thereof.  
And as this Trust is for the use of the Kingdom, so ought it to be managed by the advice of the Houses of Parliament, whom the Kingdom hath trusted for that purpose, it being their duty to see it discharged, according to the condition and true intent thereof, and as much as in them lies, by all possible means to hinder the contrary; and therefore say they, pag. 276. by the Statute of 25. Ed. 3. It is a levying of war against the King, when it is against his Laws and Authority, though it be not immediately against his Person, And the levying of Force against his Personal Commands, though accompanied with his presence, if it be not against his Laws and Authority, but in the maintenance thereof, is no levying of war against the King, but for him; for th●re is a great difference betwixt the King, as King, and the King, as Charles Stuart, And therefore say the Parliament, pag. 279. That Treason which is against the Kingdom, is more against the King, then that which is against his Person, because he is King: for that very treasure, is not Treason as it is against him as a man, but as a man that is a King, and as he hath relation to the Kingdom, and stands as a Person entrusted with the Kingdom, discharging that Trust.  
And therefore page 722. that Alexander Archbishop of York, Rob. Delleer Duke of Ireland, Trisiilian L. chief Justice, & the rest in the time of Richard the 2. were guilty of Treason, (and so adjudged by two Acts of Parliament, viz. 11. R. 2. 1. 2. and 1. H. 4. 3. and 4. which to this day are both in force) for levying Forces against the Authority of Parliament, and to put to death divers principal members of both Houses, although they had the King's express Command to do it, and the promise of his presence to accompany them; which yet, for all that, neither would, nor did save their lives, in regard, as they say, page 723. It is a known rule in Law, that the King's illegal Commands, though accompanied with his presence, do not excuse these that obey him; & therefore if the Kingdom be in danger, and the King will not hearken to the Parliament in those things that are necessary for the preservation of the peace, and safety of the Kingdom: Shall they stand and look on, whilst the Kingdom runs to evident ruin and destruction? No (page 726) for safety and preservation is just in every individual or particular, page 44. 150. 207. 382. 466. 496. 637. 690. 722. much more in the Parliament, who are the great and supreme legal Council, from whom there is no legal appeal, as is before declared.  
Yea, and in their Declaration of the 19 of May, 1642. page ● 7. they tell us, that this Law is as old as the Kingdom, viz. That the Kingdom must not be without a means to preserve itself, which, that it might be done without confusion (say they) this Nation hath entrusted certain hands with a power, to provide in an orderly and regular way for the good and safety of the whole, which power by the constitution of this Kingdom, is in his Majesty, and in his Parliament together.  
Yet since the Prince being but one person, is more subject to accidents of nature and chance, whereby the Commonwealth may be deprived of the fruit of that Trust which was in part reposed in him, in cases of such necessity, that the Kingdom may not be enforced presently to return to its first principal, and every man left to do what is aright in his own eyes, without either guide or rule, the wisdom of this State hath entrusted the Parliament with a power to supply what shall be wanting on the part of the Prince, as is evident by the constant custom and practice thereof, in cases of nonage, natural disability and captivity, and the like reason doth and must hold for the exercise of the same power, in such cases where the Royal Trust cannot be, or is not discharged, and that the Kingdom runs an evident and eminent danger thereby; which danger, having been declared by the Lords and Commons in Parliament, there needs not the authority of any person or Court to affirm, nor is it in the power of any person or Court to revoke that judgement (for as they well say in their Declaration of the 26. of May, 1642. page 281.) it is not agreeable to reason or conscience, that it should be otherwise, seeing men should be put upon an impossibility of knowing their duty, if the Judgement of the highest Court should not be a rule and guide to them.  
And if the Judgement therefore should be followed, where the question is, who is King, (as before in that Declaration, they have rpoved it ought) much more, what is the best service of the King and Kingdom, and therefore those that shall guide themselves by the judgement of Parliament, aught, what ever happen, to be secure, and free from all account and penalties upon the grounds, and equity of this very Statute of 11. Hen. 7. Chap. 1.  
And again, page 697. (they say, very rationally,) There must be a Judge of the question wherein the safety of the Kingdom depends (for it must not lie undetermined.) And if then there be not an agreement betwixt his Majesty and the Parliament, either his Majesty must be Judge against his Parliament, or the Parliament without his Majesty: It is unsound and irrational to give it to his Majesty, who out of the Courts is not Judge of the least damage, or trespass done to the least of his Subjects, but the Parliament is the Representative Body of the whole Kingdom, and therefore the absolute proper and legal Judge. Besides, If his Majesty (in the difference of Opinions) should be Judge, he should be Judge in his own case, but the Parliament should be Judges between his Majesty and the Kingdom: And if his Majesty should be Judge, he should be Judge out of his Courts; yea, and against his highest Court, which he never is (nor can be) but the Parliament should only judge, without his Majesty's personal consent, which as a Court of Judicature it always doth, and all other Courts as well as it.  
Therefore if the King be for the Kingdom, and not the Kingdom for the King; And if the Kingdom best knows what is for its own good and preservation, and the Parliament be the Representative Body of the Kingdom; It is easy to judge who in this case should be Judge, And therefore the Parliament are bound in duty to those that trust them, to see that the king dispose aright of his trust, being that right that the King hath as King, in the things he enjoys, is of a different nature, and for different ends, to the right of propriety which a particular man hath in his Goods and Lands, etc. That of propriety is a right of propriety, which a particular man may dispose of, as he pleaseth according to his own discretion for his own advantage, so it be not contrary to the public good; but the right of the King is only a right of trust, which he is to manage in such ways, and by such Counsels as the Law doth direct, and only for the public good, and not to his private advantages, nor to the prejudice of any man's particular Interests, much less of the Public, page 700. And therefore (say they) page 687. The King hath not the like liberty in disposing of his own person, or of the persons of his children (in respect of the Interest the Kingdom hath in them) as a private man may have.  
But if it shall be objected, that the Parliament, the representative of the Kingdom, are not to intermeddle in the managing of his Majesty's trust, because of the Oaths that they have taken, wherein they swear, that His Majesty is supreme Head and Governor over all persons, and over all causes within his Dominions, to which I shall return partly their own answer, p. 703. That notwithstanding this, they are bound to see it managed, according to the true intent & condition thereof; (for no man doth nor can give a power to destroy himself) and therefore say they, If we should say the King hath in the Government of his People, Superiors, to wi●, the Law (by which he is made) and his Courts, etc. It were no new Doctrine: We have an ancient Author for it, viz. Fleta Book 1. Chap. 17. of substituting of judges.  
If we should say the King is the single greatest, but less than the whole, it were no new learning (it being an undeniable rule in reason, that they that make a thing are always greater than the thing made by them) and certainly this of supreme Head and Governor over all persons in all causes, as it is meant singular (or single) persons rather then of Courts, or of the Body collective, of the whole Kingdom, so it is meant (in curia non in camera) in his Courts, that his Majesty is supreme Head and Governor over all persons, in all causes, and not in his private capacity, and to speak properly, It is only in his High Court of Parliament, wherein, and wherewith his Majesty hath absolutely the supreme power, and consequently is absolutely supreme Head and Governor, from whom there is no Appeal. And if the High Court of Parliamen: may take an account of what is done, by his Majesty in his inferior Courts, much more of what is done by him, without the Authority of any Courts; And for my part, say, that though the King be the Supreme Officer, which is all, and the most he is; yet he is not the supreme Power: for the absolute Supreme Power is the People in general, made up of every individual, and the legal and formal supreme Power is only their Commissioners, their collective or representative Body, chosen by them, and assembled in Parliament, to whom the King is and aught to give an account both of his Office and Actions; yea, and to receive rules, directions, and limitations from them, and by them.  
And although King John the 7. from William the Rogue, aiias the chief Robber, or Conqueror, was so Atheistically, and impiously wicked, as to give away his kingdom of England unto the Pope (as is before declared 
* pag. ) which was none of his own to give, or dispose of, either to him or any other whatsoever, which the people that lived in those days very well knew and understood, and therefore (as Speed in his Chronicles records, fol. 565. in a general Parliament held in or about the year, 1214. The Prelates, Lords, and Commons, severally and jointly enacted, That forsomuch as neither King John, nor any other King, could bring his Realm and People to such thraldom, but by common consent of Parliament (which was never done) and that in so doing, he did against his Oath at his Coronation; besides many other causes of just exception; If therefore the Pope thence forwards should attempt any thing therein, the King with all his Subjects should with all their forces and powers resist the same, and rather hazard all their lives and livelihood, then endure his usu● pation●.  
But if any man should so dote upon those Pageants, Tyrants, Kings, the supposed and pretended anointed of the Lord, as yet not to think it sufficient to prove that not only the present King Charles, his own acknowledgement and confession will be of force sufficient to pull all Scales of blindness from their eyes, and all hardness and unbelievingnesse of heart, from their hearts; His own words in his answer to the House of Commons first Remonstrance, Book Declar. pag. 25. are these.  
We have thought it very suitable to the duty of Our place, and pag. 29. and We (●aith he) doubt not it will be the most acceptable Declaration a King can make to his Subjects, that for Our part We are resolved duly not only to observe the Laws Ourselves, but to maintain them agrinst what opposition soever, though with the hazard of Our Being: and a little below We; acknowledge it a high crime (saith he) against Almighty God, and inexcusab●● to Our good Subjects of Our three Kingdoms, if We did not to the utmost employ all Our power, and faculties, to the speediest and most effectual assistance and protection of that distressed people of Ireland.  
And in his Message, 28 April, 1642. page 157. speaking of the Militia, he saith, We conceive it prejudicial to Ourselves, or inconvenient for Our Subjects, for whom We are trusted, and page 167. Himself saith, That if the Prerogative of the King over-whelme the Liberty of the People, it will be turned to tyranny. And he himself (page 284.) defines tyranny to be nothing else, but to admit no rule to govern by a man's own will.  
But above all the rest, remarkable is his own confession, in his answer to the Parliaments Declaration of the 19 May, 1642. where (in page 152.) He honestly and plainly acknowledgeth that He is to give an account of his Office, not only to God, but also to his other Kingdoms.  
But as the Parliament saith page 701. This is a strange Paradox, that his Majesty by his own Confession owes an ●account to his other Kingdoms of his Office and Dignity of a King in this kingdom itself, where he resides, and hath his being and subsistence.  
And in page 311. He acknowledgeth God hath entrusted Him with his regality for the good of his People; and if it be for their good, than not for their mischief and destruction; but God hath entrusted him, and how is that? The truth is, God is no more the Author o● Regal, then of Aristocratical power, nor of Supreme, then of Subordinate Command. Nay, that Dominion which is usurped, and not just, whilst it remains Dominion, and till it be legally again divested, refers to God as its Author and Donor, as much as that which is Hereditary (and permissively from God, and not approbationally instituted, or appointed by him,) And that Law which the King mentioneth, is not to be understood to be any special Ordinance, sent from Heaven by the Ministry of Angels, or Prophets, (as amongst the Jews it sometimes was.) It can be nothing else amongst Christians, but the actions and agreements of such and such politic Corporations.  
Power is originally inherent in the People, and it is nothing else but that might and vigour, which such and such a Society of men contains in itself, and when by such and such a Law of common consent and agreement, it is derived into such and such hands, God confirms the Law▪ And so man is the free and voluntary author, the Law is the instrument, and God is the establisher of both (as the observator in the first page of the first part of his most excellent observations, doth observe) And though Kings make a huge matter of that saying of God, by me Kings Reign: as though there were some superlative natural, inbred, inherent deity, or excellency in Kings above other men; y●t we may say, an● that tru●y: That by God all mankind lives, moves, and have their being, yea, and reigns, and governs as much by God (in their inferior orbs (of Cities, hundreds, wa●enta●es, and families) as well as Kings in their Kingdoms, yea, though God himself in an extraordinary, and immediate manner, chose a●d appointed Saul, David, and Solomon, to be Kings of Israel;  
Yet so just was the righteous God, that ●e w●u●d 〈◊〉 impose them u●o● the people of Isra●l against their own ●il●●, and mind's, 〈◊〉 he● did t●ey rule as K●●g, till by t●e c●mmo● consent of t●e people, they ch●se ●hem, and 〈◊〉 ●he● to reign ov●r ●hem. 1 Sam. 10. 20. 24. 2 Sam. 2. 24. and Ch●p. 5. 1. 2. and 3. and 1 Kings 38▪ 39 ●0. So t●at ●h●ir authority did originally as inherently flow from the pe●ple, as well as their special assignation from God, a●d t●ey were to rul● and govern them by the Law of God, (●nd not by the rule and Law of their own wil●) unto which Law ●hey were to be as 〈◊〉 and subject, as the meanest of the people: yea, and as liable to punishment, and to have their transgressions ●ayd to t●●ir charge: As Lieutenant Colonel Lilburne ●ath 〈◊〉 and fully proved in his late printed Epistle to Judge Reves, p●g.  
These things rightly considered doth condemn thos● two maxims, for wicked, ungodly, and tyrannical, w●ich are ●ayd down so in the book of Declarations: pag 199. 3. 4. viz. That the King can do no wrong, The second is, that the King is the fountain of justice.  
But to return again to the Kings own word, ●e saith pag. 313. We were unworthy the trust reposed in us by the Law and of our descent from so many great and famous Ancestors; if w● could be brought to abondon that power, which only can enable us to perform what we are sworn to in protecting our people and the Laws. What can be said more plain than this, to prove him an Officer of 〈◊〉 & Trust? But seeing he speaks of his Ancestors; Let me tell him, that if he had no better title to his Crown, then to claim it his by a kind of Divine Right from his Progenitors, and because he is the next Heir to King James; It would be by Scripture a very weak title.  
We find in Scripture, that Solomon a younger Son, etc. was made King, principally because of his fitness to govern, when divers of his elder brethren wen● without the Crown, And if any in the world might have pleaded the privileges of being next heir, David's Sons, and Sons Sons might, in regard of that large promise that was made to David that his Sons should sit upon the Regal Throne for many Generations.  
Again, the King page 443. engages to maintain the Privileges of Parliament, as far as ever any of his Predecessors did, and as fare as may stand with that Justice which he owes to his Crown, which, what that is, I have before declared, and is very fully declared in that Oath which he himself hath taken, page 291. although it fail, and is very short of that he ought by law and right to take; so that now I have fully proved, I am confident of it, without any starting hole left for contradiction; That the King receives his Crown by contract and agreement, unto which by Law and Right he is bound and tied. I thought to have here inserted some excellent passages for the further illustration of the Position out of the first and second parts of the Observations, and a late Book, called Maxims unfolded: But in regard I have (I am afraid) been over-tedious already; I will refer you to the books themselves, or (in case they be hard to come by) to that abridgement of the marrow of them, which you shall find in an excellent and rational Discourse of Mr. lilburn's, against those Vipers and grand Enemies to the Liberties of England, the monopolising Merchants, in his Book, called Innocenciè and Truth justified, page 57, 58, 59, 60, 61.  
I come now to the last branch of the minor Proposition, which is  
THAT KING CHARLES HATH BROKEN HIS CONTRACT AND AGREEMENT.  
And for the proof of this, I must lay down this assertion.  
That the Parliament is the only, proper, competent, legal, supreme Judge of this, as well as of all other the Great Affairs of the Kingdom, ●s is before largely proved: And for further illustration, read Book Declar. pag. 100, 112, 171, 172, 170, 202, 693, 716.  
Now in the next place, let us consider what the Parliament in their public Declaration say of the King, who confesses himself, as well as the Parliament; asserts and proves it, that his Oath taken at his Coronation ties him, to reign and govern according to Law. Yet whosoever seriously reads over the first Petition, and remonstrance of the State representative of England, commonly called the House of Commons, who only and alone have and aught to have that title. Pag. 264. 336. 508. 613. 628. 654. 655. 703. 705. 711. 724. 725. 726. 728. 729. 730.  
The House of Peers being mere usurpers and inchroachers, and were never entrusted by the people, (who under God the fountain, and Wellspring of all just power) as well legislative as other, with any legislative power, who merely sit by the King's prerogative, which is a mere babble, and shadow, and in truth, in substance is nothing at all, there being no Law-making-power in himself, but merely, and only at the most, a Law-executing-power, who by his Coronation Oath, that he hath taken, or aught to have taken, is bound to pass and assent to all such Laws, as his people or Commons shall choose, as is largely (by the forecited Declarations of the Parliament) proved. Now if he have not a legislative power in himself, as the Lords themselves (by joining with the Commons in their Votes and Declarations) do truly confess, and notably prove; how is it possible for him to give that to them which is not inherent in himself? Or how can they without palpable usurpation, claim and exercise a Law-making-power, derivatively from the King alone when he hath none in himself? which they themselves confess, and prove: wherefore, how can the House of Commons the representative body of England, without wilful perjury, having so often sworn to maintain the Liberties of England, and without being notoriously guilty of Treason to themselves and others, and all those that choose them, and trusted them; suffer the Lords to continue in their execution of their usurpations? many times to the palpable hazard, y●a, almost utter ruin of the Kingdom, by their denial, thwarting and crossing of those things that evidently tends to the preservation of the whole Kingdom, and by their pretended leg slative power, destroy whole families, and fill the Jails of Londm at their pleasure, (contrary to Law and right) with COMMONS (with whom they have nothing to do) without being controlled by the Truste●s of the people, the HOUSE of COMMONS, although they be legally appealed to for that end (witness Mr. Lilburne) Mr. Staveley prisoner in the Fleet, Mr. Learner for himself and servants, M●. Overton, etc.) to their everlasting sh●●●, and disgrace b●●● spoken; Oh therefore awake, awake, and 〈◊〉 with strength and resolution, ye chosen and betrusted ones of England, the earthly arm & strength thereof, and free your Masters and betrusters the whole State of England from those invading, ●●urping, Tyrannical Lords, Bondage, and Thraldoms, lest to your shame they do it themselves, and serve them as they did the Bishops; for preservation yourselves siy is just, Pag. 44. 150. 207. 496. 637 72●. 226.) and is as ancient a Law as any is in the Kingdom., pag. 207. And you have also the 17. April last, declared, that you wil● suffer no arbitrary tyrannical power to be exercised over the freemen of England, but the Lords do it, therefore if ye be true, and just men, such who would be believed and trusted, do as you say; before the Lords by their plots with the enemies of the freedoms of England (such as wicked English and Scots Lords, and other prerogative Courtiers, and corrupt Clergy, and patentee Monopolizers, and contentious wrangling jangling, and petty fogging Lawyers) and by their own impudent and uncontrolled injustice; embroil this Kingdom in a second war, they and their associates, and confederates having been the cause of the bypast wars, not for any love to the Liberties of England though that was their pretence, but merely out of malice to the reigning and ruling party at Court, whose utmost desire was to unhorsed them, that so they might get up into the saddle, and ride & reign, and rule like Tyrants themselves, they loving (at this very day) the King-Prerogative Tyranny, and oppression as dearly as any of these at Court, which they complained of, witness their daily actions, and the actions of all their  faction, which is lively haracterised in a late Discourse, called [A Remonstrance of many th●usand Citizens, and other Freeborn People of England, to their own House of Commons] and will more fully be laid open shortly in the second part of it.  
But if the Lords think they are wronged by this digression, and that their right to their Legislative power is better than is here declared;  
I desire their Lordships, or any other for them, to let the Kingdom know, what better right they have to sit in Parliament, than the old Popish Abbots had, that are long since, as Incrochers, abolished; Or then the Bishops, or the Popish Lords, that are lately defunct, do. Sure I am, the right they had, was as good as any their Lordships have, flowing from one and the same fountain with them; namely the Kings will and pleasure, commonly called, The King's Prerogative, demonstrated by his Letters Patents, which in such a case is not worth a button as is clear by the Law, and the very principles of Reason, and that the Lordly Prerogative honour itself that they enjoy from the King (which was never given them by common consent, as all right, and just honour, and power, aught to be) is a mere boon and gratuity, given them by the King, for the helping him to enslave and envassalise the People, and from the●r Predecessors whom William the Conqueror, a●ias, the Thief and Tyrant; made Dukes, Earls, and Barons, for helping him to subdue, and enslave the free Nation of England, and gave them by the Law of this own will, the estate of the Inhabitants the right owners thereof, to maintain the Grandeur of their Tyranny, and Prerogative Peerage; And therefore their Creator the King doth in his Dce. p. 324 ingeniously declare, that their title to their legislative power is only by blood, And if so, than not by common consent or choice of the People, the only and alone Fountain of all just power on earth, and therefore void, & null, and at the best but a mere fixion and usurpation, and the greatest or best stile they gave themselves in their joint Declaration with the House of Commons, page 508 is, That the House of Peers are the Hereditary Councillors of the Kingdom, and what right they have thereby to make the People Laws, I know not (neither is it declared there, by what right they came by their Hereditary Councellorship: Nor yet is it there declared what it is; So that I understand not what they mean by it, which I desire them to explain; for sure I am, it is a maxim in Nature and Reason, That no man can be concluded bu● by his own consent, and that it is absolute Tyranny, for any what (or whom)- soever, to impose a Law upon a People, that were never chosen nor betrusted by them to make them Laws; But in that Declaration in the next line, The chosen and betrusted House of Commons (the only & alone Lawmakers of England, the King and Lords consent to their Votes, Laws and Ordinances, being but in truth a mere Ceremony, and usurped formality, and in the strength of Law, (which justly is nothing else then pure reason, neither adds strength unto them, nor detracts power from them) is royally, truly, and majesterially styled and called, the representaive Body of the whole Commons of the Kingdom, and so are in abundance of other places, before cited. Yea and whosoever seriously reads, and considers the third Position, laid down, page 726. and laid down in the name of the Parliament; shall see indeed, and in truth, the power of the Lords wholly cashiered: their words are these. That we did, and do say, that a Parliament may dispose of any thing, wherein the King or any Subject hath a right in such a way as that the Kingdom may not be in danger thereby, and that if the King being humbly sought unto by his Parliament, shall refuse to join with; them in such cases, the Representative Body of the Kingdom (that is to say, the House of Commons alone, the Lords representing no Body, but themselves, and their Ladies, neither challenge they any such title, but call themselves merely Hereditary Counsellors) is not to sit still, and see the Kingdom perish before their eyes, and of this danger they are Judges, and Judges superior to all others (I beseech you mark it well) that legally have any power of judicature within this Kingdom. Where are you my Lords? And what say you to this, your own ingenious confession? For yours it is, for any thing I know to the contrary, unless you were all asleep when you passed it.  
Nay, further (My Lords) If the Representative Body be the Parliament, as is here confessed and averred, and that Representative Body be the House of Commons, and none else, as before is proved, and the House of Commons, or Representative Body be the Parliament, as here they are called; then (My Lords) what say you to that inference from hence drawn, and naturally flowing and arising from the premises, and proved by your first Pofition, laid down in the forecited page, 726. which is, That the Parliament hath a power in declaring Law, in particular cases in question before them, and that which is so declared by the High Court of Parliament, being the highest Court of Judicature, ought not afterwards to be questioned by his Majesty, or any of his Subjects, for that there lieth no Appeal from them, to any Person or Court whatsoever; so that the right and safety both of King and People, shall depend upon the Law, and the Law for its interpretation upon the Courts of Justice, which are the competent Judges thereof, and not upon the pleasure and interpretation of private persons, or of Public, in a private capacity. Good-night (my Lords) unless you will make a little more buzling, and so make the stink a little more hot in the Nostrils of all men that have the use of their senses, before your snuff go clear out, the which if you do, it will (I am confident) but cause it to go out with a witness.  
And therefore look to it, and remember the Star-Chamber, the Councell-I able, and High Commission: Where are they all? but in the grave of reproach, contumely, disgrace, and shame. And give me leave to tell you of the common Proverb now abroad, of Canterbury, and Strafford, That if in the days of their prosperity (which were as high and great as yours are, or ever were) they had thought they should have been pulled down by the common People (whom they strongly labonred to enslave) and by their unwearied cries to the ears of England's supreme Judges for Justice, were justly by them condemned to the block, and lost their wicked Lordly Heads, in the presence of many of those that they had tyrannised over; they would have been more moderate, just, and righteous, in their generations then they were.  
Apply it (my Lord: s) and remember Mr. Lilburn, etc. and the tyranny you have exercised upon him, for many weeks together, both in Newgate, and the Tower of London, in locking him up close prisoner, without the use of Pen, Ink, or Paper, and not suffering his friends, nor wife (that singular comfort and help that the wise God provided for poor frail man) to set her foot within his Chamber door, for about three Weeks together, nor she, nor any of his friends to deliver to his hands (though in the presence of his Keeper) meat, drink, or money, and yet you never allowed himm 2. d. to live on, that I could hear of, and then unjustly sentence him 4000 l. and 7 years' Imprisonment in the Tower. etc. there to be tyrannised over by one ●f your own Creatures, Col. West Lieutenant thereof, who hath divers weeks divorced him from his wife, and denied him her society (unless she would be a prisonor with him, and then what should become of them both, and of their children (having no Lands t● live upon) and tossed already from one jail to another, for many years together, to his great charge) although he was but only committed to be kept in safe custody, and from writing scandalous Books, which the Lieutenant told him, he could not do, unless he kept his wife and friends from him, but as well he might have said, I must also l●y you in a Dungeon, where you shall neither see daylight nor enjoy a candle, It being almost impossible to keep a man so strictly, but he will write, if he have daylight, and candlelight, and so accordingly he bathe commanded and executed, that neither his wife nor any of his friends should speak with him, but in the presence of his Keeper, And that the Warders at the Gate take the names and places of abode of all those that come to see him, That so the Lords may have them all down in their black and merciless book, and know where to find them, when the day of their fierce indignation shall more fu●ly smoke against him and all those that have visited him. Which some of the Warders have told some of his friends (to terrify them) as not far of: And this cruelty exercised upon him by the Lieutenant, is more than legally can be done to a Felon, Murderer, or Traitor, and yet this is his portion, although he offered to engage his promise to the Lieutenant, when he first went in before his brother Major Lilburn, and another Major, that as he was a Christian, and a Gentleman, that he would suffer his wife and friends, according to Law and Right to have free access unto him, he would promise him not to write a line, nor read a line written while he enjoyed that privilege, which the Lieutenant refused, but executed his pleasure upon him. And then got their Lordships to make a new illegal Order, that he might be kept, as he had kept him. Now for the Lords to do this to him, seeing some of them were Actors in his bloody Sentences in Star-chamber, for which transcendent injustice and sufferings, he never had a penny recompense 〈◊〉, tho●gh he saith in his  answer to Mr. Pryn, he hath spent divers hundreds of pounds to procure it, and though he lost not a little that year he ●ay prisoner in Oxford for the Parliament: see, innocency and truth justified. Pag. 21. 22. And although the Earl of Manchester and Colonel King detain his pay from him, which he earned with the hazard of his life (Pag. 47. 65. 70.) and besides all this, while he and others have been fight for liberty and freedom for the whole Kingdom; he hath been rob and deprived of his trade, by the monopolising Merchant Adventurers, Pag. 462. Whose knavery and illegal practices, he notably anatomizeth, and layeth open in the aforesaid book from pag. 46. to pag. 63. To the Parliaments credit, and reputation be it spoken, to suffer such vipers to eat out the bowels of this poor Kingdom, yea, and to set them in the Customhouse, and Excise Office, to receive the treasure of the Kingdom, whose lives and estates for their illegal and arbitrary practices, are forfeited to the state, as there he proveth it. Now after all this, for the Lords to commit him for 7. years to so chargeable a place, as the present Lieutenant of the Tower makes the Tower by his will to be: and takes no care to allow him one penny of the King's old allowance (which was, to find the prisoners their meat, drink, and lodging, and to pay the Lieutenant, etc. his fees according to the ancient, legal, and just customs of the place. What is it else in their Lordship's intentions, but to starve and destroy the honest man, and his wife, and children: for according to the information I have; the fees that have been demanded there are; 

Fifty pounds to the Lieutenant.  
Five pounds, & a man's upper garment, to the Gentleman-Port●r.  
Forty shillings to the Warders.  
Ten shillings to the Lieutenant's Clerk.  
T●n shillings to the Minister.    
Thirt● shillings, per week, for suffering the prisoners to dress their own diet, and about so much a week for Chamber-rent; besides what it costs them for their diet.  
And all this demanded without any colour of Law, Justice, or righ●▪ as is largely proved by a late book called Liberty vindicated against Slavery.  
Oh, ye Commons of England, what need have you to be combined together to maintain your common interest against these usurping cruel and merciless Lords, and to take special heed that by their charms and Siren-like songs; you be not divided about toys, into factions, to your own destruction, and ruin, that being vifibly the game (to the eyes of rational men) which they and their agents have now to play, and by the foot you may easily judge what the bear is.  
But now after this necessitated digression; let us return back to the King, and to his forfeiting his trust, which is to protect his people from violence, and wrong, and govern them according to law. Let us consider what his, and our supreme legal, and rightful Judges; The House of Commons, the State representative of England; in their Petition, and Remonstrance, presented to him at Hampton Court (15. December 1642. and which gins book declaration, pag. 1. and ends pag. 21.) Say: And we shall clearly find that they evidently make plain to the King, and the whole Kingdom; That his 17. year's reign was filled up with a constant continnued Act of violating the Laws of the Kingdom, and the Liberties of his people. Yes, in pag. 491. They plainly say that before this Parliament the Laws were no defence nor protection of any man's right: all was subject to will and power, which imposed what payments they thought fit, to drain the subject's purses, and they who yielded and complied; were countenanced, and advanced: and all others, disgraced, and kept under; that so men's minds made poor and base, and their liberties lost and gone; they might be ready to let go their religion, And the rest of the regal tyrannical designs; there most acutely anatomised, to which I refer the reader, as a piece extraordinary much worth the reading.  
And though the King (this Parliament) signed divers good Laws as though he intended to turn over a new leaf; Yet the Parliament tell him plainly, that even in or about the time, of passing those bills; some design or other hath been on foot, which if it had taken effect, would not only have deprived us of the fruits of those bills, but would have reduced us to a worse condition of confusion then that wherein the Parliament found us▪ see pag. 124. in which the King himself was a principal actor. And so they charge him to be pag. 210. 211. 216. 218. 221. 227. 228. 229. 230. 493 494. 496. 563.  
Yea, and they plainly declare, that the King had a finger in the Irish Rebellion: for all his many solemn protestations to the contrary: and that at the very beginning, by his immediate warrant; licenced Commanders to go over to them, and hindered supplies from going to suppress them, pag. 70. 98. 116. 567. 568. 569. 622.  
Yea, and though he were so quick against the Scots, as immediately (upon their declaring themselves to maintain their rights) to proclaim them traitors; yet notwithstanding (though the King vowed and protested that his soul abhorred the Irish Rebellion;) it was about three months before the Parliament could get him to proclaim them traitors: And when he was by them forced to proclaim them traitors; His Majesty gave special Command, that, but forty of them should be printed, and not one of them published till farther directions given by his Majesty, pag. 567.  
Yea, and besides all this; contrary to his Oath; he refuseth to pass the bill for the Militia although it was often pressed upon him by the Parliament, as the only way and means to settle and preserve the peace of the Kingdom: and also withdraws himself from the Parliament; with a defigne to levy war against them, whereupon for the discharge of their duty and trust, and the preservation of the Kingdom, the 20. May 1642. book declare. pag. 259. they passed three votes, viz.  
Resolved upon the Question. I.  
That it appears, that the King (seduced by wicked Council) intends to, make war against the Parliament (who in all their consultations and actions) have proposed no other end unto themselves, but the care of his Kingdom, and performance of all duty and loyalty to his person.  
Resolved upon the Question. TWO  
That whensoever the King maketh war upon the Parliament; It is a breach of the trust reposed in him by his people: contrary to his Oath; and tending to the dissolution of his Government.  
Resolved upon the Question. III.  
That whosoever shall serve or assist him in these wars; are traitors by the fundamental Laws of this Kingdom, and aught to suffer as traitors 11. Rich. 2. 1, 2, 3, 4, 5. an● 6, 1 Hen. 4. 4.  
From the two last votes, I will draw some arguments which naturally flow from them. And sirs; t for the se●o●d Vote, which is, that whensoever the King makes war against the Parliament; it is a breach of the trust reposed in him by his people, etc. But the King hath set up his Standard of defiance against tha● Parliament, (which he summoned to si a Westminster, and had passed an Act of Parliament t●at there they should si● so long as they pleased) yea, and ha●h actually proclaimed and levied war against them; therefore he hath broke the ●rust reposed in him by his people: which was, to protect and defend them: (not to ruin and destroy them) and hath violated his public Oath, and so is wilfully forsworn, and hath also strongly endeavoured the utter dissolution of the Government of this Kingdom, Pag. 248. 503. 508. 509. 576. 580. 584. 617. 665.  
For; in fight against the Parliament, and seekeing the utter destruction thereof; (as he hath done) 〈…〉 fought against the whole Kingdom, and people, whose be ●u●ted, legal, chosen Commissioners, and representation they are: and who therefore have sufficient cause and ground given them, both in the eyes of God, and all rational men; ever hereafter to renounce and defy him, etc. as he hath done them.  
Now from th● 3. Vote which is: That whosoever shall serve or assist him in these wars; are Traitors: and aught to suffer as Traitors; from whence by way of inference I draw this argument.  
That. If the Minor principal (that is to say the Accessary or assistant) be guilty of Treason: Then much more is the Major principal (that is to say the chief mover, and beginner, or original actor, and setter on) guilty of treason himself.  
But by this vote the Minor or principal (the assister) is declared and proved guilty of Treason;  
Ergo, the Major principal, the King; who sets all his assistants at work; is much more guilty of Treason.  
Now let us consider of those two Statutes which the Parliament allege; for the proveing of the 3. vote.  That of the 11. R. 2. was the Law by which the five great Traitors (as speed calls them folio. 732.) were ●impeached, namely, Robert de Vere Du●e of Ireland, Alexander Nevile Archbishop of York, Michaeld●la-Poole Earl of Suffolk, Sir Robert Trisillian that false justitiar, and Sir Nicholas Br●mbre, that false Knight o● Lond●n: whose crime was, for being the heads with many others; to advise the King, by his regal power to annihilate certain things passed lately by act of Parliament, and to destroy the chie●e men of both houses, that had been chief Sticklers for the good of the Common Weal h●and by the King's consent, the Du●e of Ir●land, did levye forces for that ●nd, But by the Lords that were for the Common Wealth; was soon varquished, and forced to sly into France where he was s●●in: by a wild Boar, Martin foli. 1●9. But yet notwithstanding, his associates, and judges, viz. Full hoop, B●lknap, Carey, Hit, Burgh, and Lock●on, were the first ●●y of the Parliament arrested of treason as they sa●e in judgement on the Bench, and most of them sent to the Tower: for giving it under their hands, that it was lawful for the King to abrogate that which was lately done in the Parliament: (because as they wickedly sai●, he was above the law, Speed, folio 731.) Trisillian the chief justice prevented by flight, his apprehension when his ●ellowes the judges were taken; but afterwards was catcht and brought to the Parliament in the forenoon, where he had sentence to be drawn to Tyburn in the afternoon and there to have his throat cut, which was done accordingly. Sir Nicholas Brambres turn was next. And a●ter him, Sir joan, Earl of Sails bu●y, and Sir James Barney, Sir john B●ucham●● of Holt, S●uart of the King's Household: john Back Esquire: and Simond Burley, who only, as speed saith, folio 733. had the worship to have his head struck off. The Duke of Ireland, the Arch Bishop of York, the Earl of Suffolk, and others had their Estates confiscated to the King's use by Act of Parliament. And as Martin saith, folio 149. The rest of the Judges had been served as Robert Trisillian was, if (upon the importunate, and uncessant request of the Queen) their lives had not been redeemed by their banishment; O gallant and brave Justice. 
It is true, and so confessed by the Parliament, that these Statutes of 11 R. 2. 1, 2, 3, 4. 5, and 6. were abolished by the 21. R. 2. 12; But it is averred by them that they were revived by 1 H. 4. 3. 4. 5. 9 and still stand in force to this day. which is a real truth.  
And in the 2. place, let us consider well the Parliaments public Declarations, and we shall see they hold it out full enough: We will begin with their Declaration to the States of Holland, pag. 636. where they plainly affirm, that the King (not his evil Councillors) hath now at last resolved to set up his royal Standard, and draw his sword for the destruction and ruin of his most faithful and obedient people, whom by the laws and constitutions of this Kingdom he is bound to preserve and protect. Yea, and in their answer (sent to his Messenger from Nottingham) August 25. 1642. pag. 580; They tell him plainly, that though they have used all means possible to prevent the distractions of this Kingdom, which have been not only without success, but there hath followed that which no ill Council in former times hath produced, or any age hath seen, namely those several Proclamations and Declarations against both the Houses of Parliament, whereby their actions are declared Treasonable, and their persons Traitors, and thereupon your Majesty hath set up your Standard against them, whereby you have put the two Houses of Parliament, and in them this whole Kingdom, out of your protection (and as I may truly say, have thereupon virtually ceased to be King) so that until your Majesty shall recall those Proclamations and Declarations, whereby the Earl of Essex and both Houses of Parliament, and their adherents and assistants, and such as have obeyed, and executed their commands, and directions, according to their duties; are declared traitors, or otherwise, delinquents; And un●ill the Standard, set up in the pursuance of the said Proclamations, be taken down, your Majesty hath put us into such a condition, that whilst we so remain, we cannot by the fundamental privileges of Parliament, the public trust reposed in us, or with the general good and safety of this Kingdom; give your Majesty any other answer to this Message. The same language they speak to him in their Petition, pag. 584. And in their Message, pag. 585. And in their Petition, 587. And in their Declaration, pag. 576; They say plainly that the King, seduced by wicked Council, doth make war against his Parliament, and people. And in their Petition sent by Sir Philip Stapleton, to the Earl of Essex, to be presented to His Majesty, pag. 617. They say positively; His Majesty wars against the Parliament, and subjects of this Kingdom, leading in his own person an Army against them, as if he intended by conquest to establish an absolute and unlimited power over them, and by his power, and the continuance of his presence, have ransacked, spoilt, imprisoned, & murdered divers of his people, yea, and doth endeavour to bring over the Rebels of Ireland, and other forces from beyond the Seas; And in their Declaration, and resolution, after the King had proclaimed the Parliament, and the Earl of Essex Traitors, pag. 508. 509. They call that very Proclamation an attempt so desperate, and so transcendently wicked, that the Lords and Commons do unanimously publish and declare, that all they who have advised, contrived, ab●●ted, or countenanced, or hereafter shall abett and countenance the said Proclamation; to be Traitors, and enemies to GOD, the King & Kingdom, and to be guilty of the highest degree of Treason that can be commited against the King and Kingdom, & that they will, by the assistance of Almighty God, and of all honest English Protestants, and lovers of their Country; do their best endeavours (even to the utmost hazard of their lives, and fortunes) to bring all such unparallelled traitors to a speedy and exemplary punishment. Be sure you be as good as your word: for GOD, of all villians; abhors faith-breakers: and take he●d, by your actions, and treatyes with the unjust and false King Charles, one of the Monsters of the earth; you do not give a just, and visible cause of ground; not only to all rational men in England, but in the world (that knows, reads, and understands your often solemn sworn Oaths, vows, Protestations, and engagements) to judge you a forsworn, false, and perjured Generation, and fit to be abhorred of GOD, and all good men; for to speak truth, and right: Hath not Charles Stewart committed treason against King Charles? sure I am he hath done it against the KINGDOM of ENGLAND, and that I prove by your own grounds; thus.  
The Proclamation that you so much cry out of; comes out in his name and stile, pag. 503. 404. 406. 507. And therefore his:  
Ergo.—  
For he owns his own Proclamations, and Declarations, and jeers you for a company of simpletons for declaring it otherwise. His words, (pag. 248.) are; All our answers and Declarations have been and are owned by us, and have been attested under our hands: if any other had been published in our name, and without our authority; It would be easy for both Houses of Parliament to discover and apprehend the Authors: And we wish that whosoever was trusted with the drawing, and penning of that Declaration (namely the Parliaments, dated 19▪ of May 1642.) had not more authority or cunning to impose upon or deceive a major part of those votes by which it passed; then any man hath to prevail with us to publish in our name any thing but the s●nce and resolution of our own heart. And since this new device is found out in stead of answering our reasons, or satisfying our just demands, to blast our Declarations, and answers, as if they were not our own; (a bold senseless imputation) we are sure that every answer and Declaration published by us, is much more our own, than any one of those bold threatening and reproachful Petitions, and remonstrances are the acts of either or both houses. Y●a, and as if all this were not enough to be done by a trust sufficiently for ever to declare the forfeiting of his trust and Kingly Office; the King himself hath caused the jewels of the Crown to be pawned, to buy instruments of war, to butcher and murder his people; who never gave him any power, and authority, for any other end, but to protect, defend, and preserve them: neither did he ever in his life, enjoy any other power, either from God or man, but for that end; yet in his speech to the people of SALOP, he declares he will melt down all his own Plate, and expose all his land to sale, or mortgage, (though it be none of his, but the Kingdom●s) that so he may the faster cut the throats, and shed the innocent blood of those his brethren, that betrusted him with all he had, or hath, for their good and welfare. Yet to fillip the measure of his iniquity; he, (not his evil counsellors) hath given Commission to his Commissioners of Array, Sheriffs, Mayors, Justices, Bailiffs, or any other whatsoever, to raise Force, and to kill and slay all such as should hinder the EXECUTION of his Royal command, or put the Ordinance of Militia (though it were for their own preservation) in Execution, pag. 581. And the same bloody murdering Commissions he hath given to his Instruments in Scotland & Ireland, to Butcher, destroy, and ruinated the people there. So that to sum up all, the Parliament told him plainly in their late letter sent to him at Oxford, That he was guilty of all the innocent blood shed in England, Scotland, and Ireland, since these wars, which is the blood of thousands of thousands: For which, if all the sons of men should be so base and wicked, as not to do their duty, in executing justice upon him (which Legally may and aught to be done, by those especially who have Power and Authority in their hands:) Yet undoubtedly, the righteous God will, and that I am confident in an exemplary manner, in despite of all his bloody add wicked protectors and defenders. For GOD is a just GOD, and will revenge innocent blood even upon Kings, Judg. 1 6, 7. 1 Kings 21. 19 & 22. 38. Isa. 30. 33. Ezek. 32. 29. — and will repay wicked and ungodly men, Isai. 59 18. Therefore I desire those that shall think this a harsh saying; to lay down the definition of a Tyrant in the highest degree, and I am confident their own Consciences will tell them it is scarce possible to commit or do that act of Tyranny that Charles Stewart is not guilty of; and therefore, de jure, hath absolved all his people from their Allegiance and Obedience to him, and which, the Parliament are bound in duty and conscience, De facto, to declare, and not to be unjuster to the Kingdom, than their predecessors have been: which, in part, I have already memioned; and shall, to conclude, only cite some particulars of the Parliaments just dealing with Edward the second (who was not one quarter so bad as C. R) who being called to account by the Parliament for his evil government, and being imprisoned at Kenelworth-Castle; the Parliament sent Commissioners to acquaint him with their pleasure, the Bishops of Winches●●r, Hereford, and Lincoln, two Earls, two Abbots, four Barons, two Justices, three Knights for every County; and for London, and other principal places (chief for the five Ports) a certain number chosen by the Parliament. And when they came to him, they told him, the Commonwealth had conceived so irreconcilable dislikes of his government, the particulars whereof had been opened in the general Assembly at London, that it was resolved never to endure him as King any longer: That, (notwithstanding) those dislikes had not extended so far, as for his sake to exclude his issue; but that with universal applause, and joy, the Commonwealth had in Parliament elected his eldest son, the Lord Edward, for King. They finally told him, that unless he did of himself renounce his Crown and Sceptre; the people would neither endure him, nor any of his children, as their Sovereign: but disclaiming all Homage and Fealty, would elect some other for King, not of the Blood.  
The King seeing it would be no better; amongst other things told them, That he sorrowed much, that the people of the Kingdom were so exasperated against him, as that they should utterly abhor his (any longer) rule and sovereignty; and therefore he besought all there present, to forgive him; and gave them thanks for choosing his eldest son to be their King, which was greatly to his good liking, that he was so gracious in their sight.  
Whereupon they proceeded to the short Ceremony of his Resignation, which principally consisted in the surrender of his Diadem, and Ensigns of Majesty to the use of his son the new King. Whereupon Sir William Trussel, on the behalf of the whole Realm, renounced all homage and allegiance to the Lord Edward of Carnarvan, late King: The words of the definitive Sentence were these:  
I William Trussel, in the name of all men of the Land of England and all the Parliament, Procurator resign to thee Edward the Damage that was made to thee sometime: and from this time forward now following, I defy thee, and deprive she of all Royal power; and I shall never be attendant to thee, as for ●ing, after this time.  
But if any object: It is true, Subjects and people have, de facto, done this unto their Kings; but they cannot do it, de jure, for that Kings are above their people, & are not punishable by any, but God; I answer, God is the fountain, or efficient cause of all punishment; But, as to man, instrumentally; he inflicts by man: And though he be our supreme Lord and Lawmaker, & hath for bodily and visible transgressions of his Law, appointed a visible and bodily punishment in this world, for the transgressors thereof, and man for his instrumental executioner, and never (ordinarily) doth it immediately by himself, but when his Instrument (Man) fails to do his duty: and being a God of order; hath appointed a Magistrate, or an empowered man, as his and their executioner, for the doing of justice: and never goeth out of this Road, but in extraordinary cases, (as he doth) when the Magistrate is extraordinarily corrupted in the executing of his duty: and in such cases, God hath raised up particular or extraordinary persons to be his executioners. And therefore God being no respecter of persons, hath by nature created all men alike in power, and not any, lawless, and none to bind each other against mutual agreement and common consent: and hath expressly commanded, Man, his rational creature, shall not tyrannize one over another, or destroy (by any entrusted power) each other; but that the entrusted, (Kings as well as others) shall improve the utmost of their power and strength, for the good and benefit, protection and preservation of every individual Trustee.  
And whosoever he be, that shall improve his entrusted power, to the destruction of his impowrers; forfeits his power. And GOD the fountain of Reason and Justice, hath endued man with so much reason, mercy, humanity, and compassion to himself and his own Being, as by the instinct Nature to improve his utmost power for his own preservation and defence: which is a Law above all laws and compacts in the world. Declar. April 17. 1641. And whosoever rejects it, and doth not use it; hath obliterated the principles of Nature in himself, & degenerated into a habit worse than a beast, and becomes felonious to himself, and guilty of h●s own blood. This, Israel of old, (the Lords peculiar people) understood as well as the people of England, although they had 〈◊〉 express positive law, no more than we in England have to rebel, or withdraw their obedience & subjection from those Magistrates or Kings that exercise their power and authority contrary to the nature of their trust: which is plain and clear, without dispute, in the case of Rehoboam, who was the son of Solomon, who was the son of David, who was assigned King by GOD, and chosen and made King by the common consent of the people of Juda and Israel, 2 Sam. 7. 13. And who by virtue of God's promise to him and his seed to be Kings over his people; had more to say for his Title to his and their Crown, I am confident of it, than all the Princes in the world have to say for their claim, and children's, to their Crown. For Rehoboam was not only the son of Solomon, who was in a manner entailed by God himself unto the Crown; but he was also made King at Shechem by all Israel, 1 King. 12. ●. And afterwards Jeroboam the son of Nebat, Solomon's servant, and all the congregation of Israel, went to Rehoboam to claim the making good of the GREAT CHARTER of Nature, viz. to claim relaxation of oppression, and protection according to justice, that is to say, that he should do to them (in governing them justly) as he would have them to do to him, (in yielding him subjection and obedience:) this being the whole Law of GOD both Natural and Moral; and therefore they tell Rehoboam, that the King ●his Father had broke their Charter, and made their Yoke grievous (which you may read of in Chap. 4.) Now therefore make thou (observe, they do not say, Most gracious Sovereign; nor, Most excellent Majesty) the grievous service of thy Father, and his heavy yoke which he put upon us, lighter, and we will serve thee. But the King rejecting the advice and counsel of his old and g●od Counsellors: which, as we may say, was to govern them according to Law, contained in Magna Charta, and the Petition of Right, etc. and not to rule and govern them according to his Prerogative, or perverse Will: For they tell him, If thou wilt be a servant unto this people this day, and wilt serve them, (mark it well) and answer them, and speak good words to them; then they will be thy servants, for ever. But he forsook the counsel of the old men (which we may call GOOD COMMONWEALTHS-MEN,) and followed the advice of his youngmen (which we call the Cavaliers, or men for the Prerogative) And (saith the Text) he answered the people roughly saying, My Father made your yoke heavy, and I will add to your yoke: My Father also chastised you with whi●s, but I will chastise you with Scorpions, 1 Kings 12. 3, 4 5, 6, 7, 8, 14. But (saith the Text, vers. 15) when all Israel saw that the King harkened not unto them, the people answered the King, saying, What portion have we in David? Neither have we inheritance in the son of Jesse. To your Tents, O Israel. Now see to thine own house, David. So Israel departed to their tents, and revolted, or rebelled against the House of David, and called all the congregation of the people together, and (with an unanimous consent) made Jeroboam King over all Israel, as Rehoboam was over Juda; (having both an assignation from GOD, 1 King. 11. 11, 12, 13, 26, 29, 30, 31, 35, 37, 38. and a solemn legal public Call and Election from the people, 1 Kings 12. 2, 3, 20, 21.) and of his Regality and Kingship, as legally and justly by God himself approved, by sending his Prophet tobring the kingdom back to Solomon's son) to command him and Juda, etc. (Observe, he calls them not Rehoboams people) not to go up nor fight against their brethren the children of Israel. Which command, as most just, they observed, vers. 21, 22, 23, 24 Yea, and God himself, (in the 14. chapter and 7. verse) beareth witness that he himself exalted Jeroboam from among the people, and made him Prince over his people Israel, and rend the Kingdom from the house of David, and gave it unto him. And afterwards, when God upbraids him, it was not because he was an usurper, a traitor, or a ●ebe●l against his master's son King Rehoboam; but because he had not been as his servant David was, (who followed him with a perfect heart,) but had done evil above all that was before him in making him other Gods, and molten Images, to provoke me (saith God) to anger, and hast cast me behind thy back. So that here is a clear demonstration, that it is lawful in the sight of God, as well as in the sight of Man, for a people to withdraw their obedience from that Magistrate, or King, that refuseth to govern them by legal justice; but oppresseth them contrary to the end of the trust reposed in him (which was never for their woe, but for their weal,) and so breaks that tacit contract, that by virtue of his Induction into his Office, is Naturally and Rationally employed to be made, although it never be expressed, It being as the Parliament saith, (Book Declar. Pag. 150.) irrational to conceive that when the Militia of any is committed to a General, although it be not with any express condition; that he shall not turn the mouths of his Cannons against his own Sou●diers: for, (say they) that is so naturally and necessarily employed, that its needless to be expressed, insomuch, as if he did attempt, or cō●●nd any such thing against the nature of his trust and place, it did, Ipso facto, estate the Army in a right of disobedience, except we think that obedience binds men to cut their own throats, or atleast their Companions.  
Having laid this foundation, I will come now to speak something of those five particulars, which is  and laid down in the sixth page of this Discourse; which are thus expressed.  
First, if it were granted, that the Lords were a legal Jurisdiction, and had a judicative power over the Commons; yet, the manner of the Lords dealing with Lieut. Col. Lilburn, is illegal and unjust.  
Secondly, That if the Lords were a Judicature, yet they have no jurisdiction over Commoners.  
Thirdly, That they are no Judicature at all.  
Fourthly, That they by Law and Right, are no Lawmakers.  
Fifthly, That by Law and Right, it lieth not in the power of the King, nor in the House of Commons itself, to delegate the legislative power, either to the Lords divided or conjoined, nor to any other persons whatsoever: For the first of these, viz. That the manner of the Lords proceeding with Lieu. Col. Lilburn, was, and is illegal, is clear; and that I prove thus:  
The Law requires; that before the body of a Freeman be attached, or summoned to a Bar of Justice, to answer a Chage; that there shall be an original Declaration, or Charge, filled in the Court, before so much as either the Writ, Attachment, or Warrant go out, to seize upon, or summon the party accused. See Sir Edw. Cooks 2. part. Institut. f. 46, 50, 51. Read the Statu●e, etc. quoted in those Margins; but there was no such matter in Mr. lilburn's case: For although, as he declares in his book, called The Freeman's freedom vindicated, page 3, the Lords (10. June, 1646. sue out a Warrant, to summon him, upon sight thereof, to answer such things, as he stands charged with before their Lordships, concerning a Pamphlet, entitled, The just man's justification; or, A Letter by way of Plea in Bar. And accordingly, the 11 of June, 1646. he appeared at their Bar, expecting there to have received a written Charge according to Law and Justice, which they both refused to show him, or let him know, whether they had any such legal Charge, or no, against him; but press him (contrary to the Petition of Right, and the Law of the Land) to answer to Interrogatories concerning himself (a practice condemned by themselves in his own case, Feb. 12. 1645.) in the annihilating his unjust Sentence in the Star-Chamber. (Read his printed Relation thereof page 1, 2, ●. and the last) Which forced him to deliver in at their Bar his legal and just Plea and Protestation, against their usurping jurisdiction over Commoners; which you may read in The Freeman's freedom vindicated, page 5. 6. Upon which they commanded himto withdraw; and then (pag. 7.) make an Order to commit him; in these words.  

Die Jovis 11. June 1646.  
IT is this day ordered by the Lords in Parliament assembled, That Lieut. Col. John Lilburn, shall stand committed to the Prison of Newgate, for exhibiting to this House, a scandalous and contemptnous Paper, it being delivered by himself at the Bar this day; And that the Keeper of the said Prison, shall keep him safely, until the pleasure of this House be further signified: and this to be a sufficient Warrant in that behalf.  
John Brown, Cler. Parl.  
To the Gentleman-Usher of this House, or his Deputy, to be delivered to the Keeper of Newgate.   
I cannot hear, that he either at this time, misbehaved himself, either in word, or gesture towards them; but gave them as much respect at this time, as if he had been one of their own Creatures.  
But away to Newgate he goes, and june 16. 1646. directs his appeal to the Honurable House of Commons, which you may read in the  book, pag. 9, 10, 11.  
Which appeal the House of Commons read, approved of, and committed to a special Committee, which Committee met, and examined his business, and as I am informed from very good hands, made a vote to this effect.  
That his proceed with, and protestations against, the Lords delivered at their bar, and his appeal to the House of Commons, was just, and legal, which they in justice ought to bear him out in: which Report; Colonel Henry Marti● (that couraragious and faithful Patriot of his Country) as Chairman of that Committee; is to report to the House:  
But immediately after the reading of this Appeal to the House, out comes the  book in print, which it seems did something startle the Lords, who had let him lie quietly in Newgate till then, without so much as sending him the Copy of any charge; But upon this, they send a Warran● again for him, which, as I find it in the 4. page of the Just man in Bonds, thus followeth.  

Die Lunae 22. Junii. 1646,  
ORdered by the Lords in Parliament assembled, that Lieutenant Colonel john Lilburne now a prisoner in Newgate, shall be brought, before their Lordships (in the High Court of Parliament) to morrow morning by 10. of the clock, and this to be a f●ffici●●● Warrant in that behalf.  
john Browne Cler. Parl.  
To the Gentleman Usher of this House, or his Deputy, to be delivered to the Keeper of Newgate or his Deputy.   
And accordingly the next day, Lieutenant Colonel Lilburne was brought up to their bar, and being called into the House, was commanded to kneel; which he refused to do, for what reasons; he is best able ●● declare: which I hope he will not fail to do, assoon as he enjoys the liberty, and privilege to have pen, ink, and paper, which by law he cannot be debarred of, neither can it justly be denied to the greatest Traitor in England. And surely the Lords give a clear demonstration to the whole Kingdom to judge, that their own consciences tell them, that he is an honest, and a just man, and their dealing with him is base, wicked, illegal, and unjust, that they dare not suffer him to enjoy pen, ink, and paper (to declare the truth of his cause to the world) which they have most unjustly, and unrighteously kept from him, by special Order, for above three months together. So that by the paw, a man may judge of the whole body, that is to say; by their Lordship's dealing with him, a wise man may easily see what they would do to all the Freemen of England; if their power were answerable to their wills, which would be to make them as great slaves as the Peasants in France are (who enjoy propriety neither in life, liberty, nor estate) if they did not make us as absolute vassals as the poor Turks are to the Grand Seignor, whose lives, and estates he takes away from the greatest of them, when he pleaseth.  
Therefore; O all ye Commons of England mark well, and eye, with the eye of Jealousy, these Lords the sons of pride, and tyranny: And not only them, but all their associates, or Creatures, especially in the House of Commons: (if any such be there) for, assure yourselves, enemies they are, and will be, to your liberties, and freedoms, what ever their specious pretences are to the contrary, it being a Maxim in nature, that every like, begets its like; Therefore, trust them not, no more than you would do a Fox with a Goose, or a devoureing Wolf, with a harmless Lamb, what ever they say or swear, having so palpably and visibly, in the case of Mr. Lilburne, broken all their Oaths, Protestations, Vows, and Declarations to maintain the Laws of the Land, and the Liberties of ●he People.  
But let us return to their 2. summoning him to their Bar, who being commanded to kneel; refused: and without any more discourse, or so much as showing him any legal charge; they Commanded him to withdraw, and for this cause alone (he behaving himself this time also respectively enough (saving in the Ceremony of kneeling) they commit him close prisoner to Newgate.  
A true Copy of their Warrant thus followeth.  

Die Martis 23. Junii. 1646.  
ORdered by the Lords in Parliament assembled, that john Lilburne shall stand Committed close prisoner, in the Prison of Newgate, and that he be not permitted, to have pen, ink, or paper, and none shall have access unto him in any kind, but only his Keeper, until this Court do take further Order.  
To the Keeper of Newgate his Deputy, or Deputies.  
john Browne Cler. Parl. Exam. per Rad. Brisco● Cler. de Newgate.   
And so from this 23. of June, to the 11. of July then ensuing, he was locked up close, and neither his Wife, Children, Servants, Friends, Lawyers, or Councillors permitted to have access unto him, nor they never sent him word what they intended to do; And all this while the Lords are picking matter against him, having none it seems when they first summoned him to their bar, to ground the least pretence, or shadow of a Charge against him: and knowing his resolution to stand to his liberties, they lay provocations upon him, & commit one act of injustice (with a high hand) upon the neck of another, to provoke him to let some words fall, or do some actions to ensnare himself, that so they might have some colour for their fu●ure proceed with him. And divers books coming out in his behalf, by some (as it seems) who wished him well, which to the purpose nettles the Lords, for their cruelty towards him; Sergeant Finch, as one of his Majesty's Council, prefers certain Articles against him, in the House of those Peers by way of Charge, bu● sends him no Copy of it, although it was impossible for him being so close as he was) to get a Copy of it himself: the greatest part of which is taken out of his book, called The Freeman's Freedom vindicated, and his Epistle to Mr. Wolaston the Jailor of Newgate, both of them made by him in Newgate, many days after the Lords had Committed him; which letter of his to Mr. Wollaston, for the excellent matter therein, we will insert here verbarim.  
SIR, I this morning have seen a Warrant from the House of Lords, made yesterday, to Command you to bring me this day at 10. a clock before them, the Warrant expresseth no cause wherefore I should dance attendance before them; neither do I know any ground or reason wherefore I should, nor any Law that compels me thereunto; for their Lordship's sitting by virtue of Prerogative-pa●ents, and not by election or common consent of the People, have, as Magna Charta (and other good Laws of the Land) tells me, nothing to do to try me, or any Commoner whatsoever in any criminal case, either for life, limb, liberty, or estate: but, contrary hereunto, as incrochers, and usurpers upon m● freedoms and liberties; they lately, and illegally endeavoured to try m● a Commoner at their Bar, for which I under my hand, and seal, protested to their faces against them, as violent, and illegal incrochers upon the rights, and liberties of me, and all the Commons of England (a copy of which etc. I in Print herewith, send you) and at their Bar I openly appealed to my competent, proper, legal Tryers, and Judges, the Commons of England assembled in Parliament (for which, their Lordships did illegally, arbitarily, and tyrannically, commit me to prison into your custody) unto whom divers days ago I sent my Appeal &c, which now remains in the hands of their Speaker, if it be not already read in their house, unto which I do, and will stand, and obey their commands.  
Sir. I am a freeman of England, and therefore I am not to be used as a slave or Vassal by the Lords, which they have alreday done, and would further do. I also am a man of peace, and quietness, and desire not to mo●est any, if I be not forced thereunto: therefore I desire you as you tender my good, and your own, take this for an answer, that I cannot without turning traitor to my liberties; dance attendance to their Lordship's Bar: being bound in conscience, duty, to God, my, self, mine, and my Country; to oppose their encroachments to the death: which by the strength of God, I am resolved to do. Sir. you may, or cause to be exercised upon me, some force or violence to pull and drag me out of my chamber, which I am resolved to mantain, as long as I can, before I will be compelled to go before them; and therefore I desire you, in a friendly way, to be wise and considerate before you do that, which it may be, you can never undo.  
Sir. I am your, true and fair conditioned prisoner, if you will be so to me, JOHN LILBURN. From my Cock-loft in the Press yard of Newgate this 13. of June 1646.  
And the next day aftere Serjente Finch exhibited his Artiicles, being the 11, July 1646. Lieutenant Colonel Lilburne is, by virtue of a warrant to the Sheriff or Sheriffs of London M. Foot, and Mr. Kendrik (who contrary to Law refused to give him a Copy of ha● warrant, although he sent for it by Mr. Bisco ●he Clerk of Newgate,) brought up to the Lords bar, in almost base Contumelious, and reproachful manner, the substance of that Warrant, being to command him to the Lords Bar to hear his charge read. But before he was called in; he, by his Keeper, sent word to the Lords, That they being not his Peers, and Equals; were none of his LEGAL JUDGES, and so had no jurisdiction over him: and therefore he would not stoop unto, or acknowledge, their authority and jurisdiction over him in this particular: which he desired a-fore-hand to acquaint them with: And that he must be forced, out of conscience to that duty he owes to Himself, his Liberties, and the Liberties of his Country: (seeing their LORDSHIPS would neither be satisfied with his Protestation, nor Appeal to the COMMONS'; nor yet with his refusing to kneel at their Bar, nor consult with the House of COMMONS' about the legality of their proceed; but the third time to send for him, who, they knew, could not, in this case, stoop unto them; as though they were resolved to tread the Liberties of all the COMMONS' of ENGLAND, under their feet. And therefore seeing that they increased in their illegal an unwarrantable presumption) he said, he must increase in his just detestation of their actions, and encroachments. In testimony of which, he was resolved to come in with his HATON, and to STOP his EARS when his charge was offered to be read, which (as I understand) he accordingly did.  
And having liberty sometimes to speak to them, being commanded to withdraw three times, and brought in again; he told them to this effect, with a great deal of resolution, That they were (not only) not his Judges, but the manner of their proceeding with him, was against all Law and Justice: yea, contrary to their own judgement lately given by themselves in February last in his own case, of the Star-Chamber, and of the Petition of Right. For (said he) My Lords, the warrant that commanded me to your Bar; did summon me up to answer a criminal charge: And being at your Bar, I pressed you, again and again, to see it, and earnestly entreated you, that if you had any legal charge in writing against me, that it might be produced: But (contrary to Law and Justice) you refused to do it, & contrary to all law (just High Commission-li●e) pressed me to answer Interrogatories concerning myself, w●●ch fo●●●● & 〈…〉 me to deliver in my; Protestation aga●●●●● you: And I have 〈◊〉 appp●aled ro my Legal Judges, the COMMONS' of ENGLAND, assembled in PARLIAMENT; who have received, accepted, read, and committed my appeal, and promised me justice in it. And, my Lords, I tell you to your ●●ces, These are the MEN that ONLY and ALONE have THE SUPREME POWER of ENGLAND residing in them; who, when you have done all, 〈◊〉 the worst you can, they both must, and will, be your Judges and mine. But (my Lords) if you will not join issue with me there, that you may know I neither fear you nor your Charge, nor decline a legal proceeding about it; prefer your charge against me in any Court of Justice in Westminster-hall, or any other Court in England, that hath a legal jurisdiction over me; and I will answer you: The which if you refuse, and will still persevere in your incroachmens upon my Rights and Liberties; know (my Lords) that here to your faces, I bid defiance to you to do the worst you can to me, being resolved to spend my heart blood against you in this way. My Lords (said he) are not you the men that first engaged this kingdom in this present war? And you pretended and swore, it was for the maintenance of the laws and liberties of England: But (my Lords) if you dissembled, or were in jest; I am sure (said he) I was real, and in good earnest. And therefore (my Lords) before you shall wrest out of my hand, my essential liberties and freedoms, and that which makes me a man, and to differ from a beast (having already run the hazards of so many deaths for the preservation of them as I have done); I tell you plainly and truly, I will by the strength of GOD, venture my life and blood as freely and resolutely against you in this particular, as ever I did in the field against any of the Cavaliers: (who, you told us, endeavoured and intended to destroy the laws and liberties of England) And some of yourselves know that that was resolutely enough.  
And much more, as I understand he told them then, which I leave to the relation of his own pen and hand, which I believe the world will shortly see.  
But they went on, and sentenced him two thousand pounds to the King for his present contempt at their Bar, and two thousand pounds for his pretended crimes contained in their Articles, which they took pro confesso, because he would not hear them read.  
But in regard that his wives late petition delivered to the House of COMMONS, September 23. 1646. doth notably and excellently set forth the illegality of the manner, etc. of the Lords proceed with him; we judge it very necessary here to insert it, not only for the proof of the thing in hand, but also for her exceeding commendations in so close following her husband's business, in his great captivity, with such resolution, wisdom and courage as she doth, whose practice herein may be a leading, just, and commendable precedent for all the wives in England that love their husbands, and are willing to stand by them in the day of their trial. Her petition thus followeth.  

To the Chosen and betrusted Knights Citizens and Burgesses, assembled in the high and supreme Court of PARLIAMENT. The Humble Petition of ELIZABETH LILBURNE, wife to Lieu. Col JOHN LILBURNE, who hath been for above eleven weeks bypast, most unjustly divorced from him, by the House of Lord, and their tyrannical Officers, against the Law of GOD, and (as she conceives) the Law of the Land.  
Shows,  
THat you only and alone are chosen by the Commons of England to maintain their Laws, and Liberties, and to do them justice and right; 
a Coll. of decls pag 254. 336. 382. 508. 613. 705. 711 716. 721. 724. 716 7●1. 72●. 73●.  which you have often  God and the World sworn to do: 
b Coll. Decl. page ●61. 663. protestation and covenant.  yea, and in dive●● of your Declarations declared; it is your duty (in regard of the trust reposed in you) so to do; 
c Coll. decls. pag. 81. 1●2 262, 266, 267 340, 459. 462, 471, 4●3, 58●, ●9●,  without any private aims, personal respects, or passions whatsoever; 
d Col. decls p. 4●4, 490. 750.  And that you think nothing too good to be hazarded in the discharge of your consciences for the obtaining of these ends: 
e Col● decls p. ●14.  And that you will give up yourselves to the uttermost of your power, and judgement; to maintain truth, and conform yourselves to the will of God; 
f Col. declare. p. ●66.  which is to ●o● justice and 
g ler, 22 16. 15. 16. 17.  right, and ●ecure the Persons, Estates, and Liberties of all that joined with you; 
h Col declare. 6●6. 673.  imprecating the judgements of Heaven to fall upon you when you decli●e from these ends: 
* Col. Declare 4  you judging. it the greatest scandal that can be laid upon you, that you either do or intent to subvert the Laws, Liberties, & freedoms of the people. 
i Col. declare. p. 264. 281. 494. 497. 654. 694. 696.  Which freedoms, etc. you yourselves call, The common birthright of Englishmen, 
k Col. declare. p. 738. 140. ●45.  who are born equally street, and to whom the law of the land is an equal inheritance: and therefore you confess in your Declar. of 23. Octob. 1643. 
l Pag. 660.  It is your duty to use your best endeavours, that the meanest of the Commonalty may enjoy their own birthright, freedom & liberty of the laws of the land, being equally (as you say) entitled thereunto with the greatest subject. The knowledge of which, as coming from your own mouths, and Pen, emboldened your Petitioner, with confidence, to make her humble address to you, & to put you in mind, that her husband above 2 months ago made his formal & legal appeal to you against the injustice and usurpation of the Lords acted upon him; which you received, read committed, and promised him justice in: But as yet no report is made of his business, nor any relief, or actual justice holden out unto him; although you have since found time to pass the Compositions & pardons for the infranchising of those that yourselves have declared Traitors and Enemies to the Kingdom: which is no small cause of sorrow to your Petitioner, and many others, that her husband, who hath adventured his life, and all that he had in the World, in your lowest condition for you; should be so slighted & disregarded by you, as though you had forgot the duty you own to the kingdom, and your many Oaths, Vows, and Declarations: 
** Decl. 460. 498. 666. 673.  which neglect hath hastened the almost utter ruin of your Petitioner, her husband, and small Children. For the Lords in a most tyrannical and barbarous manner (being encouraged by your neglect) have since committed her husband, for about three weeks, close prisoner to Newgate, locked him up in a little room, without the use of pen, ink, or paper (for no other cause but for refusing to kneel at the Bar of those, that by law are none of his Judges.) 
m Magna Charta 29. Sir E. Cook. 2 part Instit. fol. 28. 29. Rot. 2. ●. 3.  The cruel Jailers all that time refusing to let your Petitioner, or any of his friends to set their feet over the threshold of his chamber door, or to come into the prison yard to speak with him, or to deliver unto his hands, either meat, drink, money, or any other necessaries. A most barbarous & illegal cruelty! so much complained of by yourselves in your Petition & Remonstrance to the King, 1. Decemb. 1641. 
n Col. declare. 6, 7, 8.  and detested & abhorred there, by you, as actions & cruelties being more the proper issues of Turks, Pagans, Tyrants, and men without any knowledge of God, then of those that have the least spark of Christianity, Honour, or justice in their breasts. And then while they thus tyrannised over your Petitioners husband; they command (as your Petitioner is informed) Mr. Sergeant Finch, Mr. Hearn, Mr. Hale, and Mr. Glover, to draw up a Charge against your Petitioners husband, without giving him the least notice in the world of it, to fit himself against the day of his trial: but contrary to all law, justice, and conscience, dealt worse with him, than ever the Star-chamber did; not only in keeping his Lawyers from him, but even all manner of Councillors & Friends whatsoever, even at that time when they were about to try him: and then of a sudden send a Warrant for him to come to their Bar (who had no legal authrity over him) to hear his charge read: where he found the Earl of Manchester (his professed enemy, and the only party (of a Lord) concerned in the business;) to be his chief Judge, contrary to that just Maxim of law, That no man ought to be both party & judge; (a practice which the unjust Star-chamber itself in the days of its tyranny, did blush at, and refuse to practise, as was often seen in the Lord Coventries' case, etc.) And without any regard to the Earl of Manchesters' impeachment (in your House) of treachery to his country, by L. Gen. Cromwell, which is commonly reported to be punctually and fully proved, & a charge of a higher nature than the Earl of Strafford, for which he lost his head: And which also renders him, so long as he stands so impeached; uncapable, in any sense, of being a Judge. And a great wrong and injustice it is to the kingdom; to permit him; and to himself, if innocent; not to have had a legal trial ere this, to his justification or condemnation. And besides all this, because your Petitioners husband stood to his appeal to your Honours, and would not betray England's liberties; which you have, all of you, sworn to preserve, maintain, and defend: they most arbitrarily, illegally, and tyrannically, sentenced your Petitioners said husband to pay 4000 l. to the King (not to the State) & for ever to be uncapable to bear any Office in Church or Commonwealth, either Marshal or Civil, and to lie 7. years a prisoner in the extraordinary chargeable prison of the Tower; where he is in many particulars illegally dealt withal, as he was when he was in Newgate.  
Now forasmuch as the Lords, as they claim themselves to be a House of Peers, have no legal judgement about Commoners, that your Petitioner can hear of, but what is expressed in the Statute of the 14. Ed. 35. which are delays of justice, or error in judgement in inferior Courts only; and that with such limitations and qualifications as are there expressed; which are that there shall be one Bishop at least in the judgement, & an express Commission from the King, for their meddling with it. All which was wanting in the case of your Petitioners husband, being begun and ended by themselves alone. And also seeing that by the 29 of Magna Charta, your Petitioners husband, or any other Commoner whatsoever; in criminal cases, are not to be tried otherwise then by their Peers: which Sir Ed: Co●k in his exposition of Magna Charta, (which book is printed by your own special authority) saith, is meant [equals] fol. 28. In which (saith he, fol. 29.) are comprised Knights, Esqu●res, Gentlemen Citizens, Yeomen, & Burgesses of several degrees; but no Lords of Parliament. And in p. 46. he saith: No man shall be disseised [that is, put out of seison, or dispossessed of his freehold; that is. saith he lands or livelihood, or of his liberties or free customs,] that is, of such franchises and freedoms, and free customs as belong to him by his fre● Birthright, unless it be by the lawful judgement, (that is, verdict of his Equals; that is, saith he, of men of his own condion:] or by the law of the land; ●h●t is (to speak it once for all) By the due course & process of law. Au, saith he 〈◊〉 man shall be in any sort destroyed unless it be by the ve dict and judgement of his Peers, that is, equals, ●r by the law of the land. And the Lords themselves in old time, did truly confess: That for them to give judgement of a Commoner in a criminal case is contrary to law; as is clear by the Parliaments record in the case of Sir Simon d' Bereford. 4. Ed. 3. Rot. 2. (the true copy of which is in the hands of M. H. Mart●n) & they there record it, That his case who was condemned by them for murdering King Edw. 2. shall not be drawn, in future time, into precedent, because it was contrary to law, they being not his Peers, that is, his Equals. And forasmuch as the manner of their proceed was contrary to all the former ways of the law publicly established by Parliament in this kingdom, as appears by several Statutes 
o 5. Ed. 3. 5. 25. Ed. 3. 4. 28. E. 3. 3. 37. Ed. 3. 8. 38 Ed. 3. 9 42 Ed. 3. 3. 17 Ri 2. 6. Rot. Parl. 43. E. 3. Sir lo. Alces case, num: 21, 22, 23, etc. lib. 20. fol. 74. In case declare. Marshalseas, ●ee Cook, 2. part. Instit. fol. 464  which expressly say, That none shall be imprisoned, no● put out of his freehold, nor of his franchises, nor free customs, unless it be by the law of the land, and that none shall be taken by Petition, or suggestion made to the King, or to his Council, unless it be by indictment, or presentment of good and lawful people of the same neighbourhood, where such deeds be done, in due manner, or by process made, or by Writ original at the common-law. Which Statutes are nominally and expressly confirmed by the Petition of Right, by the Act made this present Parliament for the abolishing the Star-chamber; and thereby, all acts repealed that formerly were made in derogation of them. But contrary hereunto, the Lords (like those wicked Justices spoken of by Sir Ed. Cook 
p Pat. Instit. 51.  in stead of trying her husband by the law of the land; proceed against him by a partial trial, flowing from their arbitrary will, pleasure, and discretion, etc. (*) For, though they summoned him up to their Bar, June 10. 1646. 
Rot. part 2. 1. H. 4. mem. 2. num. 1. 27. Instit. f. 51. Book declare. 58, 39, 278, 845.  to answer a Charge; yet they refused to show it him, or give him a Copy of it, but committed him to Newgate june 11. 1646, (although he behaved himself then with respect towards them both in word and gesture) merely for refusing to answer to their Spanish Inquisitionlike Interrogatories, and for delivering his legal Protestation, Their Mittimus being as illegal as their summoning of him, and their own proceed with him. Their commitment running, To be kept there: not till he be delivered by due course of Law; but, During their pleasure: which Sir Edw. Cook saith, is illegal 
q 2 part. instit. fol. 52, 53.  and then locked up close, that so he might be in an impossibility to understand how they intended to proceed against him.  
Wherefore your Petitioner humbly prayeth, to grant unto her husband the benefit of the law, & to admit him to your Bar himself, to plead his own cause, if you be not satisfied in the manner of his proceed, or else according to law, justice, & that duty and obligation that lieth upon you; forthwith to release him from his unjust imprisonment: & to restrain & prohibit the illegal & arbitrary proceed of the Lords, according to that sufficient power instated upon you, for the enabling you faithfully to discharge the trust reposed in you, and to vacuate this his illegal sentence and fine, and to give him just and honourable reparations from the Lords, and all those that have unjustly executed their unjust Commands: It being a Rule in Law, and a Maxim made use of by yourselves in your Declaration 2. November, 1642. (r) That the Kings illegal commands, though accompanied with his presence, do not excuse those 
col. declare. 723.  that obey them; much less the Lords: with which the Law accordeth, and so was resolved by the Judges; 16. Hen. 6. 
s See Cook 2 part instit. f. 187.  And that you will legally and judicially examine the Crimes of the Earl of Manchester, and Colonel King, (which the Petitioners husband, and others, have so often complained to you of,) and do exemplary justice upon them, according to their deserts: or else, according to Law and Justice, punish those (if any) that have falsely complained of them. 
t 3. E. 33. 2. R. 2. 5. 37. E. 3. 18 38 E. 3. 9 12. R. 2. 11. 17. R. 2. 6. 22. p. & M. 3. 1. El. 6.  And that you would, without further delay, give us relief by doing us justice. 
v 9 H. 3. 29. 2. E. 3. 8. 5. E. 3. 9 14. E. 3. 14. ●1. E. 2. 10.  All which, she the rather earnestly desireth, because his imprisonment in the Tower is extraordinary chargeable and insupportable: (although by right, and the custom of that place, his fees, chamber, and diet, aught to be allowed him, and paid out of the Treasure of the Crown,) he having wasted and spent himself with almost six years' attendance, and expectation upon your Honours for justice and raparations against his barbarous sentence, etc. of the Star-chamber, to his extraordinary charge and damage, and yet never received a penny; and also lost divers hundred pounds, the year he was a prisoner in Oxford Castle for you. Neither can he receive his Arrears (the price of his blood) for his faithful service with the Earl of Manchester, although he spent with him much of his own money.  
And the last year by the unadvised means of some Members of this Honourable House, was committed prisoner for above 3. Months, to his extraordinary charges and expenses: And yet in conclusion he was released, and to this day knoweth not wherefore he was imprisoned: For which, according to Law and Justice, he ought to receive reparations; but yet he never had a penny.  
All which particulars considered, do render the condition of your Petitioner, her husband and children, to be very nigh ruin and destruction, unless your speedy and long-expected justice, prevent the same. Which your Petitioner doth earnestly entreat at your hands, as her right, and that which in equity, honour, & conscience, cannot be denied her. 
w col. declare. 127, 174, 244, 253, 282, 284, 285. 312, 313. 321, 322, 467, 490, 514, 516, 520, 521, 532, 533, 534, 535, 537, 539, 541. 543, 555, 560.   
And as in duty bound, she shall ever pray, that your hearts may be kept upright, and thereby enabled timely and faithfully to discharge the duty you own to the Kingdom, according to the Great Trust reposed in you: And so free yourselves from giving cause to be judged men that seek yourselves more than the public good.   
We will only speak two or three words to one thing, more fully mentioned in her Petition; and to another thing not mentioned at all in her Petition, very requisite to be taken notice of, in the manner of his Trial; which is, That by Law it ought to have been public.  
Now for the first of these, which is the illegallity of all their Warrants, they committed him by; learned and grave Sir Edward Cook, in his most execllent, worthy, and precious Exposition of the 29. Chapter of Magna Charta, his 2. Part. Institut. fol. 52. saith thus;  
Now seeing that no man can be taken, arrested, attached or imprisoned, but by due process of Law, and according to the Law of the Land, these conclusions hereupon do follow,  
First, that a commitment by lawful Warrant, either in deed, or in law, is accounted in law, due process, or proceeding of Law; and by the Law of the Land, as well as by process, by force of the King's Writ.  
Secondly, That he, or they, which do commit them, have lawful authority.  
Thirdly, that this Warrant or Mittimus be lawful, and that must be in writing, under his hand and seal.  
Fourthly, the cause must be contained in the Warrant; as for Treason, Felony, etc. or for suspicion of Treason, o● Felony, etc. Otherwise, if the Mittimus, contain no cause at all [it is illegal] And if the prisoner escape, it is no offence at all; Whereas, if the Mittimus contained the cause; the escape were Treason or Felony, though he were not guilty of the offence: and therefore, for the King's benefit, and that the prisoner may be the more safely kept; the Mittimus ought to contain the cause.  
Fifthly, the Warrant or Mittimus containing a lawful cause, aught to have a lawful conclusion, viz. and him safely to keep, until he be delivered by Law, etc. and not until the party committing doth further order; And this doth evidently appear by the Writs of abeHas Corpus, both in the Kings-Bench, Common-Pleas, Exchequer, and Chancery. See pag. 52, 53. 2. part. Institut.  


REx Vicecom. London. Salutem.  
Praecipimus vobis quod corpus, 
Out of the King's Bench,  A. B. in custodia vestra detent. ut dicitur, una cum causa detentionis suae (quocunque nomine praed. A. B. censeatur in eisdem,) habeatis coram nobis apud Westm. Die Jovis prox. post, Octab. St. Martini ad submittend. & recipend. ea, quae curia nostra de eo, ad tunc, & ibidem ordinari contigerit in hac parte, & hoc nullatenus omittatis periculo in cumbente: & habeatis ibi hoc breve.  
Teste Edw. Cook 20. Novemb. Anno Regni nostri 10.   

THe King to the Sheriffs of Lon. greeting.  
We command you, that you have the body of A. B. (now detained in your custody as is said) together with the cause of this detention by what Name soever the said A. B. be called therein) before Us at Westminster, upon Thursday, Eight days after the Feast of St. Martin's, to submit, and receive what Our Court shall then and there order concerning him. Fail not hereof, at your peril: and see that you ha●e there this Writ.  
Witness, Edw: Cook, 20. Nou. and the Tenth Year of Our Reign.    
This is the usual form of the Writ of Habeas Corpus, in the Kings-Bench, vide Mich. 5. Edw. 4. Rot. 143. Coram Rege, Kesars' Case, under the Test of Sir John Markeham.  


REX Vicecom. London. salutem.  
Praecipimus vobis quod habeatis Coram Justiciariis nostris, apud Westm. ' Die Jovis prox. post 
In the common pleas for any man privileged in that Court, & the like in the Exchequer.  quinque Septiman. Pasche, corpus A.B. quocunque nomine censeatur, in prisona vestra, sub custodia vestra detent. ut dicitur, una cum die▪ & causa captionis & detentionis ejusdam, ut iidem Justiciar. nostri, visa causa illa, ulterius fieri fac. quod de jure, & secundum legem, & cons●etudinem Regni nostri Angliae for▪ et faciend▪ & habeatis ibi ●oc breve.  
Test, etc.   

THE King to the Sheriffs of London, greeting.  
We command you, that you have before Our Justices at Westminster, upon Thursday next five weeks after Easter, the Body of A. B. by what Name soever he be called, being detained in your Prison under your custody, togetherwith the day and cause of his Caption, to the end, that Our said Justices having seen the cause, may further do, that which of right, and according to the Law and Custom of Our Realm of England ought to have done, or have there this Writ:  
Witness, etc.    
The like Writ is to be granted out of the Chancery, either in the time of the Term; (as in the Kings▪ Dench) or in the vacation: for the Court of Chancery is offici●● just●●ia, and is ever 〈◊〉 and never adjourned; so as the subject being wrongfully imprisoned, may have Justice for the liberty of his person; as well in the Vacation-time, as in the Term.  
By these Writs, it manifestly appeareth, that no man ought to be imprisoned, but for some certain cause; and these words, Ad subjiciend & re●ipiend, etc. prove, that cause must be showed: for otherwise, how can the Court take order therein, according to Law?  
And this is agreeable with that which is said in Holy Histd●y, sine ratione ●ihi videtur, mittere vinctum in carcerim, & cau as ●jus non signifit 〈◊〉 But, since we wrote these things, & passed over too many other Acts of Parliament; see now the Petition of Right, Anno tertio Caroli Regis: resolved in full Parliament by the King, the Lords Spiritual and Temporal, and the Commons which hath made an end of this question (if any were) Imprisonment doth not only extend to 〈◊〉 imprisonment, and unjust; but for detaining of the prisoner longer than he ought, where he was at the first lawfully imprisoned.  
If the King's 〈◊〉 come to the 〈◊〉▪ deliver to the prisoner; If he detain him, this detaining is an imprisonment against the law of the land, etc.  
But look upon 〈◊〉 〈◊〉 Warrant●▪ (〈…〉 committed, and 〈◊〉 committed 〈…〉) and you 〈◊〉 not find one legal one amongst them all.  
Now, for the second thing before spoken of, in the manner of his trial; which is, That it ought by Law to have b● public, in the presence of all that had a mind to have heard it, 〈◊〉 any restraint of any.  
This I find to be claimed by Mr. Pryn, at the trial of Colonel Nat. Fines, in the 11. page of his relation thereof; which he desired, That they might have a public hearing, and that the do●e might be set open, and none excluded that would come in; the which (he saith) ●e desired the rather; because, the Parliament, the representative Body of the Kingdom, had ordered a fair and equal trial; which he conceived (as he told the Council of War) was to be a free and open one, agreeable (as he saith) to the proceed of Parliament, and all other Courts of Justice in the Realm, which stand open to all; and from whence, no Auditors are, or aught to be excluded.  
To which Mr. Dorisla answered, that it was against the stile & conrse of a court-martial to be public and open; and therefore, it might not be admitted upon any terms.  
Unto which Mr. Will. Pryn replied; that he was a common-Lawyer, and by his profession, his late Protestation, and Covenant, bound to maintain the fundamental laws of the kingdom, and liberty of the Subject, which he told the Council of War, they themselves had taken up Arms, etc. to defend and maintain; And, saith he, by the Laws and Statutes of the Realm, all Courts of Justice ever have been, are and aught to be held openly and publicly not close, like a cabinet-councel; Witness, all Courts of Justice at Westminster, and elsewhere; yea, all our Assizes, Sessions, wherein men, though indicted but for a private Felony, Murder, or trespass, have always open trials: He goes on, and in the 12. page thereof, tells him; that not only Courts of common-Law, but the Admiralty, and all other Courts, proceeding by the Rules of either of the civil, or canon-Law, the proceed have ever been public, and the Courts open, and even in 〈◊〉 proceed by Martial Law, before a Conncell of War, at the Guild-hall of London, at the trial of Mr. Tompkin●, 〈◊〉, and others, it was public, and open in 〈◊〉 of 〈◊〉 〈◊〉 〈◊〉 of Parliament, and the whole City; no come●s 〈◊〉 〈◊〉 〈◊〉. And he positively tells the Council of War, a little further; that it was both against the laws, and subjects liberty (as he humbly conceived) to deny any prosecutor, o● subject, an open trial.  
And he gives divers reasons there, for it; he goes on, and in the 13. page saith, That the Parliament when it sits as a Conncell, to consult, debate, or deliberate of the great and weighty affairs of the Kingdom, is always private, and none but the Members or Officers of either House admitted to their consultations and debates. But (saith he) as the Parliament is a Court of Justice, to punish Malefactors; so the proceed of both, or either House are always public, as appears by the late Trial of the Earl of Strafford, in Westminster-Hall, and infinite other precedents of ancient and present time;  
To which, I may add, the Trial of William Laud, late Archbishop of Canterbury. And this practice is suitable to what we read in Scripture; that among the jews, the judges sat openly in the City Gates, the most public place of all. And truly, he or they that will not suffer Justice to be executed. and administered openly, betrays their own guiltiness; and do thereby acknowledge, that they are ashamed of their cause. For, saith Christ, John 3. 20, 21. Every one that doth evil, hateth the light, neither cometh to the light, lest his deeds should be reproved (or discovered;) but he that doth truth, cometh to the light, that his deeds may be made manifest, that they are wrought in God.  
But so far were the Lords, from this just way, of permitting Lieutenant Col. Lilburn, a public trial; that the first time he came before them, june 11. 1646. After he was come into the House, some of his friends, and some strangers stepped in, as by Law and Justice they might; But the Earl of Manchester (as Speaker of that House) commanded them all to withdraw, which they were forced to do.  
And this I aver, not by hear-say, but out of knowledge. And the second time he came before them, which was 23 june 1646. It was little otherwise, his friends being turned out of doors, though some of his enemies, scoffers, and deriders, were permitted to stay: And the third time, which was upon the 11. july, 1646; as I understand, he had much ado with the dore-keepers, to get his wife to be admitted in; though a great many of the Sheriff's Sharks and Caterpillars, that accompany the Hangman to Tyburn, the day he doth execution, were freely admitted; & Hounscot the tyrannical Prelates old-cruell Catchpole, and now the Lords special Darling, and Favourite, a man transcendent in baseness, and wickedness, and therefore more fit sore their Lordships, with some others of their own creatures, were admitted in, as parties fit to bear false witness against him, and make false reports of his, and his honesty.  
And Lieutenant-Colonel lilburn's friends were so far from being admitted into the Lord's House, to see and behold the justness of their proceed; that the door of the Painted-Chamber was locked, and strongly guarded against them: and if any of them in the crowd got in there, they had a second bar at their Lordship's door; and if by great chance, they at the opening thereof, crowded in; the Officers that stood at the inner door, took special care to hinder them from admittance there.  
Oh the height of injustice and baseness! at the doing of which, or hearing of it, the Lords may justly blush for shame; if they had either any honesty, or ingenuity left in them: and thus much, for the first Position.  
I come now to the second; which is, That if the Lords were a● judicature, y●t they have no jurisdiction over Commoners. But this is so fully proved in Mrs lilburn's Petition, that I shall need to say no more to it; but referred the judicious Reader thereunto, and to a Printed Letter written by Mr. R. OVERTON, a prisoner in Newgate (committed thither by the Lords) to Colonel HENRY MARTIN, a Member of the Honourable House of Commons; which Letter, is a most notable rational piece, worth the reading.  
I pass now to the third, which is to give you some reasons, to manifest, that the LORDS are no Judicature▪ t●all,  
But ●e●r I shall crave leave to inform the Reader that the foregoing diseourse, was made and finished above two months ago, and hearing that there was an Order from the Committee appointed by the House of Commons to consider of the privileges of the Commons of England, to bring Lieutenant Colonel Lilburne up before them; I conceived he would then be a●liberty to write himself, a●d his discourse I thought might add much to strengthen the things I drive at, and desire to declare and prove, and therefore I ●av● sat still without making any progress, to finish this discourse, till this present conclusion of this present m●neth of November 1646. And my expectation I have not failed: for he hath published two notable discourses of his own, and some friend of his, a third, and therefore I shall earnestly desire the studious and inquisitive Reader, for the further illustration and proof of the first and second positions laud down in pag. 6. and already handled in pag. 63. 64. 65. 78. etc. seriously to read over the 23, 24, 25, 26, 27, 28, 29, 30, 31. pages of his first book called London's Liberty in Chains discovered, printed Octob. 1646, And the 5. 6 7, 8 9 11. 14. 22. pages of his speech to the aforesaid Committ●e Nou. 6. 1646. and since by him published in print, and called, An Anatoamy of the Lords Tyranny. And the 23, 24, 37, 38, 29, 40, 41, 42, 43, 44. 46. 47. pages of his friend's book called (Vox P●ebis a most notable discourse) In the 26, 27, 28 29 31. 32. pages of which, you may read his Charge and ●entence in the House of Lords.  
Now having premised this, I return to the third thing to be handled, which is to give you some reasons, to manifest that the Lords House are no ●udicatour at all.  
And for the illustration of this, I shall desire it may be considered, that no judicature can justly be erected, or set up, unless it legally derive pour from those that have a legal power to erect, constituce, or institute it, and I think this will be granted of all sides.  
And therefore let us make inquisition, who (according to law and right in England) ●ave an original and true power to erect judicatures, a●d I say, only the legal Commissioners of the people, commonly called the Commons of England Assembled in Parliament, and not the King, who is not to give a law unto his people, but his people unto him, as is before largely proved, pages 37; 38, 39, 40, 41, 42, 43. And as he confesseth in his Coronation-oath, that he hath taken, or aught to have taken, which you may read before, pag. 31. 32. and which is declared by the statute of provisoes of benefices made Anno. 25. Ed. 3. Annodom. 1350. which you may read in the statutes at large, pag. 157. about the midst of which you have these words. whereupon the said Commons have prayed our said Lord the King, that sigh the right of the Crown of England, and the law of the said Realm is such, that upon the mischiefs, and damages, which happen to his Realm, he ought, and is bound by his oath, with the accord of his people, in his Parliament, thereof to make remedy and law, and in removing the mischiefs and damages which thereof ensue, that it may please him thereupon to ordain remedy, (and it follows in these words.)  
Our Lord the King seeing the mischiefs and damages before mentioned, and having regard to the said statute, made in the time of his said Grandfather, and to the causes contained in the same, which statute holdeth always his force, and was never defeated, repealed, nor anulled in any point, and by so much he is bounden by his Oath, to cause the same to be kept as the Law of his Rea●me, though that by sufferance and negligence it hath been since attempted to the contrary, etc.  
But the House of Peers neither derive nor challenge their judicature, not in the least, either from Commons in general: or from their Commissioners, Deputies, trusties, or Representors in Parliament Assembled, and therefore are no legal judicature at all.  
And that they do not derive their power, either from the people (under God the absolute and alone fountain of all true power) or their Commissioner, read before pag. 45. where you shall find, that the King (their groundless creator) saith, they have their power by blood, and themselves claim it, from no truer fountain, then by virtue of their being the Sons of prerogative, Lords, Earls, Dukes, or Barons.  
Now if you please to read the Chronicles of this Kingdom, you shall find that this thing called prerogative flows merely from the wills and pleasures of Robbers, Rogues, and Thiefs, by virtue of which they made Dukes, Earls, Barons, and Lords, of their fellow Robbers, Rog●es, and Thiefs, the lineal issue, and progeny of which, the present House of Peers are, having no better right nor title, to their present pretended judicature, then mere and absolute usurpation, and the will and pleasures of the potent and enslaving Tyrants, alias Kings, of this Kingdom: for I read in Speeds Chronicle, pag. 413. 416. 417. and in Daniel pag. 27. 28. That the Normans in France, came anciently of a mixed people from the Norwegians, Swedens & Danes, & practising practices upon the Coasts of Belgia, Frizia, England, Ireland, and France, and proceeded in their hardy and wicked courses even to the Mediterranean Sea● which drove the French to such extremity, that King Charles the bald, was forced to give unto Hasting a Norman Archpirate, the Earldom of Charters to aslwage his fury exercised upon his people, and also King Charles the Gross, granted unto Godfrey the Norman part of Newstria, with his Daughter in Marriage: yet all this sufficed not but that the Normans by force of Arms, seated themselves near unto the mouth of S●in, taking all for their own, that lay comprised betwixt that River, and the River Loire: which Country afterwards took the name of Normandy, from those Northern guests, at which time King Charles the simple, confirmed it unto Rollo their Captain, and gave unto him his Daughter Gilla in Marriage: which Rollo with divers misdoers and outlawed men were forced to fly out of their own Country: which Rollo of the Danishrace was the first Duke of Normandy, whose Son William was the second Duke of Normandy, and Richard his Son was the third Duke of that Country, And his Son Richard the second, was the fourth Duke thereof, And Richard the third his Son was the fifth Duke of Normandy; And Robert his brother, and Son to Richard the second, was ●he sixth Duke of Normandy, who was Father to our William the Conqueror, who was the seventh Duke of Normandy, whom Duke Robert begat of one Arle●, or Arlet●ce a whore, and a mean woman of Phalisi● in Normandy, who was the Daughter of a Skinner, & being resolved to go visit the holy Sepulchre, having no more Sons but William his bastard, he calls his Nobility together, and tells them; In case I die in my journey, (as he did) I have a little Bastard, of whose worthiness I have great hope, and I doubt not but he is of my begetting: him will I invest in my Duchy, as mine heir: and from thenceforth I pray you take him for your Lord; which they did. And this Bastard in his youth having many sharp bouts and bicker, with Roger de Tresny, and William Earl of Arques, brother to Duke Robert, and Son to Richard the second, etc. who lay claim to the Duchy, as right and true heirs to it, but William the Bastard, being too hard for them all, and by these wars grew to great experience in fea●es of Arms which with his marrying of Matild, the Daughter of Baldw●n the fifth, Earl of Flanders, a man of great might and power; provoked the French King to fall upon him, to abate his greatness, and curb his pride: but, bastard William twice defeating two powerful Armies of the King● with great overthrows, broke the heart of the King of France, which gave the bastard Duke of Normondy, joyful peace: in which calm, the King makes a journey over into England, to visit King Edward the Confessor his kinsman; who had had his breeding in Normandy, by Duke Richard the second, the bastard's Grandfather. And after his return back again; St. Edward the King of England dyeth. Whereupon, William the bastard busieth his thoughts how to obtain the Crown, and Sceptre of England, unto which he makes certain pretended claims, as being granted unto him by King Edward; which was but a weak pretence, as King Harold in his answer to him informs him; (Speed. 404.) telling him that Edward himself coming in by election, and not by any title of inheritance; his promise was of novalidity, for how could he give that wherein he was not interessed? And though William the bastard urgeth to Harol, his Oath given him i● Normandy; yet he answered his Ambassador that his Master's demand was unjust, for that an Oath extorted in time of extremity, cannot bind the maker in Conscience to perform i●, for that were to join one sin to another: and that this O●th was taken for ●eare of death, and imprisonment; the Duke himself well knew: but (said he) admit it was voluntary and without fear: could I then a Subject without the allowance of the ●ing, and the whole State, give away the Crowns Successor to the prejudice of both? Speed. fol. 403. 404.  
But although the bastard Duke had no better claim but this, which was worth just nothing at all; (Read before pag. 20. 21. 24. 27. 28 3●▪ 60. 61.) Yet notwithstanding William the bastard p●rleveres, in his proud, wicked, and bloody intentions: and calses an Assembly of the States of Normandy together, and with importunate solicitations solicits them to supply him with money (the very sinews of war) to carry on his intended invasion of England; but they unanimously refuse and decline it. At length seeing this prottaction and difficulty in general, he deals with his dearest and most trusty friends in particular, being such as he knew affected the glory of action and would adventure their whole estates with him; As William Fitz-Auber, Count de Bretteville, Gualtaer Gifford Earl Longueville, Roger de Beaumond, with others, especially his own brothers by the mother, whom he had made great; as Odo Bishop of Baynox, and Robert Earl of Mortaign: and unto these he shown his pretended right and hope of England, (wherein preferment lay) even to the meanest amongst them, only money was the want, which they might spare neither should that be given nor lent without a plentiful increase. With such fair words he drew them so on, that they strove who should give most. And by this policy he gathered such a mass of money, as was sufficient to defray the war. And not only wan he the people of his own Provinces to undertake this action, but drew by his fair persuasions and large promises, most of the greatest Princes and Nobles of France to adventure their persons, and much of their estates with him; as Robert Fitz-Harrays Duke of Orleans, the Earls of Brittaigne, Ponthieu, Botogne, Poictcu, Maine, Nevers, Hi●fins, Aumal, le Signieur de Tours, and even his mortal enemy Martel Earl of Anjou, became to be as forward as any. Besides, to amuse the Court of France, and dazzle a young Prince than King, he promised faithfully if he conquered this Kingdom, to hold it of him, as he did the Dutely of Normandy, and do him homage for the same. And then to make all sure with Pope Alexander (whose thunderbolts of Excommunication were then of extraordinary dread and terror) he promised him to hold it of the Apostolic See, if he prevailed in his enterprise. Whereupon the Pope sent him a Banner of the Church, with an Agnus of gold, and one of the hai●es of St. Peter, which was no small cause of prevailing, the ●ase Clergy being then at the Pope's beck, and more minding their own particular self-interest, than the welfare of their own native Country, or the lives, liberties & estates of their brethren according to the flesh; & thereupon were the principal instrumental cause, that William the Bastard, commonly called, William the Conqueror, had so easy an entrance to the possession of this kingdom. Speed fol. 403 404. 405. 406. 413. 417. Daniel fol. 28, 29, 35, 36. By means of which, the Clergy beeraied their native Country to Robbers and Pirates, and left the poor Commons to the merciless fury of merciless men. And I wish they do not now again the same with poor England, now in her great distractions: for their interest is visible not, to be the publickes; but their pride, covetousness, and greatness. Therefore, O ye Commons of England, beware of them, and take heed you trust them not too much, lest you be so deluded by them, to your ruin and destruction.  
And when William by their means principally, as Daniel saith, fo. 36. had got possession of the Kingdom, as you may partly before read, p. 14, 15, 16, 17) how extraordinary tyrannically he dealt with the poor natives and inhabitants, By changing their laws, and robbing them of their goods, and lands, at his will and pleasure, and gave them away to his Norman Robbers. And the poor Englishmen having all their livelihoods taken from them, became slaves and vassals unto those Lords to whom the possessions were given. And if by their diligence afterwards, they could attain any portion of ground; they held it but only so long as it pleased their Lords, without having any estates for themselves, or their children, and were oftentimes violently cast out upon any small displeasure, contrary to all right. Daniel foe. 47. Speed 421, 423, 425. Insomuch that in those days it was a shame even among Englishmen, to be an Englishman, Speed. fol. 422. 429. By means of all which, he bestowed great rewards upon all those great men that came along with him, and made them by h●s will the great men of England to help him to hold the people in subjection, bondage and slavery: for he made William Fitz-Auber the Norman (the principal man under him to help for his design) Earl of Hartford, who singly of himself took upon him, merely by the power of his own will, to make Laws in his own Earldom. And unto Allayn, another of his Comrades, or trusty and wellbeloved Consins, he gave all the lands of Earl Edwin, where on he built a Castle, and whereof he made the Earldom of Richmond. And unto William of Warren, another of his Norman Robbers & Marder ers, he gave the Earldom of Surrey. Speed fol. 437. And unto Walter Bishop of Durham, another of his Comrades, he sold the Earldom of Northumber land, who there by the law of his own will, maintained Murderers and Rogues, and there was murdered himself.  
And unto his Brothers (who came of his mother Arlet the Whore, who after William the Bastard was borne, was married to Harlain, a Norman, a Gentleman but of mean substance) Odo and Robert, he gave the Earldom of Ewe, and Mortaigne. Speed 417. Daniel 32. And afterwards Odo Earl of Kent, and after that in his absence Viceroy of England. And how this Beggar (now set on Horseback) governed this poor distressed kingdom, let the Conquerors own speech declare, recorded by Speed, fol. 431. At the time when William came out of Normandy, & found his brother Odo (a Bishop as well as an Earl) at the Isle of Wight, with divers Noble men and Knights his attendants, then going to Rome with an expectation there to be Pope, being grown extraordinary rich with his polling of this poor Kingdom. Upon which, the King in presence of his Nobles, thus spoke:  
Excellent Peers, I beseech you hearken to my words, and give me your counsel. At my sailing into Normandy, I lest England to the government of ODO MY BROTHER, who (a little further in his speech he saith) hath greatly oppressed England, spoiling the Churches of land and rents, hath made them naked of Ornaments, given by our predecessors, and hath seduced my Knights, with purpose to train them over the Alps, who ought to defend the land against the Nations of Scots, Danes, Irish, and other enemies overstrong for me. And (a little below that) my brother, saith he, to whom I committed the whole kingdom, violently plucketh away their goods, cruelly grindeth the poor; and, with a vain hope, stealeth away my Knights from me, and by oppression hath exasperated the whole land with unjust taxations. Consider therefore, most NOBLE LORDS, and give me, I pray you, your advice, what is herein to be done: And in conclusion the King adjudged him to prison, yet not as a Bishop, (who then, it seems, had large exemptions, but as an Earl, subject to the laws and censure of his King. Which accordingly (saith Speed) was done, upon seizure of estate, this Prelate was whose found so well lined in purse, that his ●eaps of yellow mettle did moveadmiration to the beholders.  
So that here you have the true story of the subversion of the ancient manner of Parliaments, & the ancient Laws and Liberties of Government of this Kingdom, and a Law innovated, and introduced, flowing merely from the will of a Bastard, Thief, Robber & tyrant. You have here also a true Declaration of the original rise of the pretended legislative power of Earls, Lords, and Barons, the Peers, Competitors, and trusty and well-beloved Cousins, and Hereditary Counsellors of our Kings, which was merely and only from the wills and pleasures of this cruel and bloody Tyrant, and his Successors; And no better claim have our present house of Peers either for their legislative power, or judicative power, than this, as is clearly manifest by their own  Declaration, cited pag. 45. and therefore say I, are no legal Judicature at all, nor have no true legislative, or law-making power at all in them; having never in the least derived it from the people, the true legislaters and fountain of power; from whom only, and alone, must be fetched all derivative power, that either will or can be esteemed just: And therefore the Lords challenging all the power they have by their blood, and deriving it from no other fountain but the King's Letters-Pattents, flowing merely from his will & pleasure; I groundedly conclude, they have thereby no judicative power; no, nor legislative power at all in them: for the King cannot give more to them, than he himself hath; and he hath neither of these powers, (viz. a judicative power, nor a legislative power) inherent in him; as is strongly, undeniably, and unanswerably proved before, in pag. 43▪ 44, 46, 47, 60, 61.  
And therefore away with the pretended power of the Lords; up with it by the roots, and let them sit no longer as they do, unless they will put themselves upon the love of their Country, to be freely thereby chosen as their commissioners to sit in Parliament (for I am sure, in right, all their actions now, are unbinding, and unindivalid) which becomes you.  
O all ye Freemen or Commoners of England, out of that duty you owe to yourselves, yours, and your native Country, throughly, and home, to set forth, by Petition to your own HOUSE of COMMONS, and to desire them speedily to remove them, before the Kingdom be destroyed, by their cross, proud, and inconsistent interest: for little do you know, what Scotch-ale divers of them are now a brewing.  
Read the Histories of William the Conqueror, and you shall easily find, that the pride and contention of those Englishmen that were called Lords amongst themselves, was no small cause of the losing of this Kingdom to that Tyrant: for saith Speed, fol. 409. After the Normans had slain King Harold, and overthrown his Army, the two great Earls of Yorkshire, and Cheshire, Morcar and Edwine coming to London, where the Londoners, etc. would gladly have set up Edgar Atheling the true Heir to the Crown, to have been their Captain General, to have defended them from the powerful Norman Invaders, who now was exceedingly fleshed with his victory, and now likely to overrun the whole Land: yet such was the pride and baesenesse of these two great Lords, that the misery, distress, and fearful estate of their native Country, could not dissuade from their ambition, plotting secretly to get the Crown to themselves, which hindered that wise and noble design, and totally lost their native Country.  
O COMMONS OF ENGLAND, therefore beware of them, and have a jealous eye over them; and take heed, that when it comes to the pinch, they serve you not such another trick again.  
For I am sure, their interest is not yours, nor the publikes, neither is it consistent with their ends, that you should enjoy Justice, or your undeniable and just rights, liberties, and freedoms.  
And well to this purpose, saith Daniel (pag. 36.) That after the Bishops and the Clergy had showed their averseness, to the erecting of that probable means that was propounded to hinder the thievish invader) the Nobility, considering they were so born, and must have a King (and therefore considering of his power) made them strive, and run headlong, who should be the first to preoccupate the grace of servitude, and intrude them into foreign subjection.  
So that the poor Commons (like a strong vessel, that saith he (might have been for good use) were hereby left without a stern, and could not move regularly, trusting and resting it seems too much upon those Lords; which I call the broken Reeds of Egypt, by whom they were undone.  
But for the further clee●ng of the Original of the House of Peers pretended power, I shall desire the understanding Reader, to read over a little Treatise, printed in Anno, 1641. called The manner of holding of Parliaments in England, in the 28. pag. he saith, King Harold being overcome, William the 1. King and Conqueror, having obtained the Sovereignty, according to his pleasure bestowed Dignities and Honours upon his companions, and others: Some of them so connext and conjoined unto the Fees themselves, that yet to this day, the possessors thereof may seem to be enabled, even with the possession of the places only: as our Bishops at this day, by reason of the Baronies joined unto their Bishoprickes, enjoy the title and pre-eminence of Barons in highest Assemblies of the Kingdom in Parliament: he gave and granted to others Dignities, and Honours, together with the Lands and Fees themselves: he gave to Hugh Lupas his kinsman (a Norman, and son to Emma, sister to the Conqueror by the Mother) the Earldom of Choster, Adconquirendum Angliā-per Coronam (that is in English, to conquer and hold to himself and his Heirs, as free by the Sword, as the King of England held it by his Crown) to HANNUSRUFUS (than Earl of Britain in France) the Earldom of Richmond. It a lib●re & honorifice, ut e●ndem Edwinus Comes antea tenue●at (that is, in English) as freely and honourably, as Edwine Earl held it before.) And the Earldom of Arundel (which Harrold possessed) he granted with a fee unto Roger of Montgomeny.  
And in page 33. the same Author declares, That Kings sometimes not regarding the Solemnities of Ceremonies and Charters have only by their becks suffered Dignities and Honours to be transferred.  
So that by what jam able to gather out of ancient Histories; William the Conqueror absolutely subdued the Rights and Privileges of Parliaments held in England before this time: The manner of holding of which, as the same Author (in his first page) declares, was by the discreet sort of the Kingdom of England rehearsed, and shown unto the Conqueror; which (as he saith) he approved of. And the same doth John Minshew say in his Dictionary published and printed at London, July 22. 1625. fol. 526. his words are these: In England the PARLIAMENT is called for the debating of matters touching the Commonwealth and especially the making and correcting of Laws: which Assembly, or Court, is of all other the highest, and of greatest authority, as you may read in Sir Thomas Smith, de Re. Angl. lib. 2. cap. 1. & 2. Cambd. Brit. & Compt. Juris. fol. 1. And see the Institution of this Court, Polydor Virgil, lib, 11. of his Chronicles, refer●eth after a sort, to Henry 1. yet confessing, that it was used before, though very seldom. You may find, saith he, in the former Prologue of the grand Customary of Normandy, That the Normans used the same means in making their laws. In a Monument os Antiquity showing the manner of holding this Parliament in the time of King Edward, the son of King Etheldred, which (as the Note saith) was delivered by the discreeter sort of the Realm, to William the Conqueror, and allowed by him. This writing began thus: Rex est Caput, etc. See more, saith he, of the course and order of this Parliament, in Compt. Juris. fol. 1. etc. And VOWEL, alias Hooker, in his Book purposely written of this matter; powel's book called the Attorney's Academy. Read Mr. William Prynnes first part of the SOVEREIGN POWER OF PARLIAMENTS AND KINGDOMS, printed by the authority of this present Parliament, pag, 42, 43, 44.  
William the Conqueror having (as to me is clearly evident) subdued Parliaments, their power, authority, privileges and jurisdiction; did set up by the absolute law of his own will for his Compceres, Cousins, and Connsellors, such men who had most pleased him in vassalizing and enslaving this kingdom and the people thereof; in whose steps several of his successors after him did tread, So that the kingdom was ruled and governed by the King, and his Prerogative Nobles, and by laws flowing from their wills and pleasures, and not made by common consent, by the people's commissions assembled in Parliament, as it is now at this day; but he and his successors giving such large Charters to their Compeers and great Lords, as to one to be Lord great Chamberlain of England's another Lord Constable of England; to another, Lord Admiral of England, etc. By means of which they had such vast power in the kingdom, (having then at their beck all the chief Gentlemen and Freeholders' of England, that used to wait upon them in blue Jackets: so that they were upon any discontent able to combine against their Kings, their absolute creators, and hold their noses to the grindstone, and rather give a Law unto them, then receive a law from them: in which great streits our former Kings, for curbing the greatness of these their mere creatures, now grown insolent; were forced to give new Charters, Commissions and Writs unto the Commons (than generally absolute vassals,) to choose so many Knights and Burgesles, as they in their own breasts should think fit to be able, by joining with them, to curb their potent and insolent Lords, or trusty and wellbeloved Cousins, which was all the end they first called the Commons together for; yet this good came out of it, that by degrees the Commons came to understand in a greater measure, their rights, and to know their own power and strength. By means of which, with much struggling, we in this age come to enjoy what we have, by Magna Charta, the Petition of Right, and the good and just Laws made this present Parliament, etc. which yet is nothing nigh so much as by right we ought to enjoy: For the forementioned Author of the book called, The manner of holding Parliaments in England, as 20, 21. pages declares plainly, that in times bypast, there was neither Bishop, Earl nor Baron; and yet even then Kings kept Parliaments. And though since by incursion, Bishops, Earls and Barons, have been by the King's prerogative Charters summoned to sit in Parliament; yet notwithstanding the King may hold a Parliament with the Commonalty or Commons of the Kingdom, without Bishops, Earls and Barons.  
And before the Conquest he positively declares, it was a right, that all things which are to be affirmed or informed, granted or denied, or to be done by the Parliament, must be granted by the Commonalty of the Parliament; who (he affirms) might refuse (though summoned) to come to Parliament, in case the King did not govern them as he ought, unto whom it was lawful in particular to point out the Articles in which he misgoverned them.  
And suitable to this purpose, is Mr. John Vowels judgement; which Mr. Pryn in his  book, pag. 43. citys out of Holinsh. Chro. of Ireland, fol. 127, 128. His words (as Mr. Pryn citys them) are thus: Yet nevertheless, if the King in due order have summoned all his Lords and Barons, and they will not come; or if they come, they will not yet appear; or if they come & appear, yet will not do or yield to any thing: Then the King with the consent of his Commons, may ordain and establish any Acts or Laws, which are as good, sufficient, and effectual, as if the Lords had given their consents; but on the contrary, if the Commons be summoned, and will not come, or coming, will not appear; or appearing, will nor consent to do any thing, alleging some just, weighty, and great cause: The King in these cases 
* Cromptons' jurisdiction of courts, fo. 84 Hen. 7. 18. H. 7 14. 1. H. 7 27. Parliament 42. 76 33● H 6. 17. dju-lged accordingly prerogative. 134.  cannot with his Lords devise, make or establish any Law. The reasons are, when Parliaments were first begun, and ordained, THERE WERE NO PRELATES OR BARONS OF THE PARLIAMENT, AND THE TEMPORAL LORDS were very few, or none; and then the King, and his Commons did make a full Parliament; which authority was never hitherto abridged.  
Again, every Baron in Parliament doth represent but his own person, and speaketh in he behalf of himself alone.  
But the Knights, Citizens, and Burgesses, are represented in the Commons of the whole Realm; and every of these giveth not consent for himself, but for all those also, for whom he is sent: And the King with the consent of his COMMONS, had ever a sufficient and full authority, to make, ordain, and establish good wholesome Laws for the Commonwealth of his Realm.  
Wherefore, the Lords being lawfully summoned, and yet refusing to come, sit, or consent in Parliament, cannot by their folly abridge the King and the Commons, of their lawful proceed in Parliament.  
Thus, and more, John Vowel, alias Hooker, in his order & usage how to keep a Parliament (which gins in the foresaid History: pag. 121. and continues to pag. 130. printed Come Privil●gio.) And Sir Edward Cook in his Institutes on Magna Charta, proves, That the Lords and Peers in many Charters and Acts, are included under the name of the Commons or Commonalty of England. And in his Exposition of the second Chapter of Magna Char●a. 2. part Institutes. fol. 5. He declares, that when the Great Charter was made, there was not in England either Dukes, marquis, or Viscounts: So that to be sure, they are all Innovators and Intruders, and can claim no original or true interest to sit in Parliament, sigh they are neither instituted by common consent, nor yet had any being from the first beginnings of Parliaments in England, either before the Conquest, or since the Conquest; nor the first Duke (saith Sir Edward Cook, Ibidem) that was created since the Conquest, was Edw. the black Prince, In the 11. year of Edw. the third: and Rob. de Vere Earl of Oxford, was (in the 8. year of Richard the 2.) created marquis of Dublin in Ireland; And he was the first marquis that any of our Kings created.  
The first Viscount that I find (saith he) of Record, and that sat in Parliament by that name, was John Beumont, who in the 8. year of Hen. the 6. was created Viscount Beumont.  
And therefore, if Parliaments be the most high and absolute power in the Realm, as undeniably they are: for (Holinshed in his  Chronicle, in the D●scription of England, speaking of the high Court of Parliament, and authority of the same, saith pag. 173. thereby Kings and mighty Princes, have from time to time, been deposed from their Th●ones, ●awes either enacted or abrogated, offenders of all sorts punished, etc.)  
Then much more may they disthrone or depose, these Lordly prerogative Innovators and Intruders; and for my part, I shall think that the betrusted Commissioners of the Commons of England, now assembled in Parliament, have not faithfully discharged their duty to their Lords and Masters, the people, their impowerers, till they have effectually and throughly done it.  
And if the Lords would be willing to come, and sit with them as one house, as formerly they have done, (Read the  Discourse of John Vowel, printed in Hollinsheds' Chronicles of Ireland, pag. 123: Sir Edward Cooks 4. part Institutes, chap. 1. pag. 2. and the  book, called Vox Plebis, pag. 39, 40.) Yea, though conditionally they might sit as Peers; yet they ought not to do it: for this were for the People's trusties, the House of Commons, to give away their true and legislative power; which originally is only inherent in them (THE PEOPLE) which is the next, and the last thing I should prove.  
But in regard the Discourse is swollen so big already, and the present time being the season for publishing what I have already said, which were impossible to come out this Month or six Weeks, if I should throughly handle this Proposition, as by God's assistance. I intent, which will take up a Discourse almost half as big as the foregoing:  
For, first, I must show and prove; That the people in general are the original sole legislaters, and the true fountain, and earthly will spring of all just power; And  
Secondly, That all the power which the house of Commons hath, is mee●ly derivative and bounded within this tacit Commission, to act only for the good of thosothat betrusted them, and not for their mischief, in the least.  
And here I shall propound some Queries.  
Whether or not, they have not done and acted some things prejudicial and mischievous so the generality of the Kingdom, and destructive to the fund meant all Laws and Liberties thereof? Which in the affirmative, I shall answer; Yea, and prove it in divers particulars, our of their own late published large book, being the second part of the Collection of Ordinances, Declar. etc. where I find three Ordinances, viz.  

That for the Merchant-Adventurers, pag. 361.  
That for the Turkie-Merchants, pag. 439.  
Thirdly, That for the Greenland Merchants, pag. 646.   
Of all three, of which I say as Sir Edward Cook, in the second part of his Institutes, fol. 51.  
And the fourth part Institutes, fol. 41. saith, of the Statute of the 11. of Henry 7. chap. 3. (for executing of which Justice, Dudley, and Empson lost their lives) that they are made in the fac● of the ancient and fundamental Law of the 29. and 30. chapters of Magna Charta, etc.  
And that they are unjust and injurious Ordinances, which in duty they are bound to abrogate, and to punish the procurers of them in regard those very Ordinances, if continued, will ●ender the Parliament the (Commissioners of the people, and the great interest of their preservation) odious, abominable, and 〈◊〉ble in their eyes, and do them more mischief, than an Army of twenty thousand Cavaliers: for such palpable injustice, as in these very Ordinances, is done to the whole Kingdom, will in time destroy the Parliament; though now they had never a professed enemy in the world; and true friends to their professed enemy the King, they are, who put them upon this work: And let them take warning by those that were formerly the setters up of Pattentees, (and thereby destroyers of the people's legal and just liberties) for it was not only that they were set up by an unbinding authority of the Kings which made them illegal, but that they were against & destructive to the fundamental Laws and liberties of the Land.  
And therefore the house of Commons in its first purity, before any of them was corrupted with assessing, treasuring, and disposing of the Commonwealth's money in Clandestine Ways, not in the least allowed by the known and just Law of the Land, and which to the Commonwealth they are not able to give an account of, as indeed, and in truth they ought, of all the moneys they have raised.  
I say the house of Commons, at the first beginning of their straits, when they would render themselves amiable and lovely in the eyes of their Impowrers, the people that trusted them; They tell them in their first and most excellent Declaration, 1. par. Col. Declar. pag. 14. That they have suppressed all Monopolies, whereof some few did prejudice the Subject, above a Million yearly; the Soap an hundred thousand pounds; the Wine three hundred thousand pounds; the Leather must needs exceed both, and salt could be no less than that; besides the inferior Monopolies.  
Was this an excellency in the people's Commissioners at the beginning?  
And can it be less now, than the greatest of baseness in them, to do the quite contrary: Yea, and that after so much blood hath been shed, and so much money spent, and so many Oaths and Covenants sworn and taken, to preserve the fundamental Laws and Liberties of the Kingdom?  
And here I must fall extremely foul upon Sr. WALTER EARL, GILES GREEN, JOHN ROLL, GEORGE TOMPSON, ALEXANDER BENCE, all Parliament men, for their unjust and illegal Order made at the Committee of the Navy and Customs, Novemb. 12. 1646. which is published in print, on purpose to conjure the Officers of the Customs, to take care to put the aforesaid patentee Monopolising Ordinance of the GREENLAND COMPANY in d●e execution according to its true intent and meaning, and that before they pass any entry or other warrant for any F●ns, or gills, wrought or unwrought, or for any sort of W●●le O●le, or other Oil; to call to their assistance the Officer or the Officers of the Greenland Company, if any such be appointed for the place, to view the same, thereby to proceed according to the Ordinance of Parliament, (which, Ordinance is dated the 6. of May 1646.) which AUTHORISETH THEM TO SEIZE UPON ALL SUCH COMMODITIES, that are brought in by any other free Merchants that are not of this Company: by m●anes of which they engross all the trade into their own hands, and sell their Commodities for double the rate, that others (if they might be suffered to bring them in) would sell them;  
O brave and gallant slavery and bondage! The dear, but unwelcome purchase of all our blood and money!  
The next query that will arise will be this. Whether some particular Parliament men have not outstripped the bounds of their Commission?  
And here I shall answer affirmatively likewise: or else, as Samuel said to Saul, what means this bleating of the Sheep in my ears, and the lowing of the Oxen which I hear? So say I, if all be right, what means MAJOR GEORGE WITHERS Complaint against Sir Richard Onsley, and Sir Poynings Moor; and Mr. JOHN MUSGRAVES' loud Complaint and impeachment of treason against Mr. Richard Barwis, which he hath largely published in several books to the view of the world, called A WORD TO THE WISE. ANOTHER WORD TO THE WISE. YET ANOTHER WORD TO THE WISE? In which he also accuseth Mr. Lisle the Chairman of the Committee, of great injustice for making a false Report to the House. And what means the grievous Complaint of divers Gentlemen of the County of Durham against OLD SIR HENRY VANE, which is printed in ENGLAND'S BIRTHRIGHT. pag. 19 20. 21? And Lieutenant Colonel Lilburne● Complaint against him, in his late book called LONDON'S LIBERTIES IN CHAINS DISCOVERED, pag. 54? And what me●nes Lieutenant Colonel john Lilburnes pitiful Complaints in divers of his books against several Members of the HOUSE of COMMONS, but especially against Justice LAURANCE WHITAKER?  
(See Innocency and Truth justified. pag. 12. 15. 16. 63. 64. And London's Liberty in Chains discovered.) And what means his lewd Complaints in his Epistle to judge, REEVE, etc. against the Earl of Manchester, and Colonel Edward King of Lincolnsh●re, whom he accuseth for being Traitors to the trust reposed by the PARLIAMENT in them? And yet is so fare from obtaining Justice against them, that he is clapped by the heels in the exceeding chargeable prison of the Tower of London by their means.  
And what means that extraordinary Complaint of Mr. ANDREW'S BURRELL, in his printed REMONSTRANCE TO THE PARLIAMENT OF ENGLAND, against the CHIEF MEN that are managers of the NAVY, viz, THE EARL of WARWICK, Mr. GILES GREEN Chairman of the Committee of the Navy, Mr. SAMVEL vassal, and the 2. Mr. Bencis Members of the same Committee, & c? To whose charge he lays little less than TREACHERY TO THE WHOLE KINGDOM, and cozening and cheating of the publicks monies, yea, such is his CHARGE there against them, that if he be able to make it good; THEY DESERVE NO LESS THAN HANGING. And it seems he is able sufficiently to do it, for they dare not call him to account, but let him go at Liberty, which demonstrat●s to all understanding men, They know their own guiltiness.  
And a thing of as high a consequence is the lamentable Complaint made against Sir john Clotworthy and his friend Mr. Davis, etc. about their cozening and cheating poor and bleeding Ireland, of much of the moneys that should have relieved it, which Complaint is called The State of the Irish affairs, for the Honourable Members of the Houses of Parliament, as they lie represented before them, from the Committee of Adventurers in London, for lands in Ireland, sitting at Grocer's Hall, for that service, and printed at London by G. MILLER dwelling in the Blackfriars. The abstract of which, with some additions, are inserted in a written paper, which I had from a good hand which followeth thus.  

A further discovery of the evil managing of the affairs of Ireland, wherein it doth plainly appear, that above the fourth part of the moneys levied for Ireland is pursed by 4. or 5. private men to the value of 97195. l.  
THat presently after the trouble did break forth in Ireland, there was one Mr. John Davis of the Irish Nation came for England, who was trusted by the Parliament with 4000 l. worth of Provisions, and appointed Commissary for the disposal of those goods for the English and Scottish Armies in Ireland.  
The said Mr. Davis using indirect ways, by feasting and bribing the Officers, having spent 100 l. upon them in a week, as he himself hath acknowledged, and by that means he obtained his desire, for he valued the goods which he delivered to the Armies at such unreasonable high prizes, that in this employment for the space of 8. or 9 months, he so manageth the business, that he makes the parliament indebted unto him 12195. l.  
And it will be made manifest by sufficient testimony that before he was put into this employment, he was not worth 200. l. but with feasting and bribing the Commanders of the said Armies;  
He obtains such an account in writing, having such friends to assist him, that he procures General L●sl●yes letter of recommendation for his good service, setting forth how seasonable the provisions came to the Army: but no mention made that the Parliament sent the goods.  
That after the said Mr. Davis had procured this letter, he comes for England, the troubles here being great, the Parliament had not time to hear him, so he continued in, and about London for the space of two years or thereabouts.  
In which time he was reduced to a mean and low condition, in so much (as he hath acknowledged) he had much ado to ge● money to buy food for himself & his wife: yet in this low Condition he puts in Propositions to the Committee of Parliament, to deliver 60000. l. in Provisions, Arms, and Cloth, to be paid out of the Ordinance for Ireland which was for above three times as much, but he was to have the first money that came in upon the said Ordinance, only 20000. l. was allotted otherwise.  
The Committee of Adventurers for Ireland were sent for and treated withal, to know if they would serve in, and deliver those provisions for Ireland, who at the first refused to agree by way of bargain, alleging that they would make use of the said Ordinance to serve it with all expedition, expecting no profit: but the Committee of Parliament said that there was necessity of making agreement by way of contract: whereupon the Committee of Adventurers for Ireland did give in Propositions that they would serve, and deliver those provisions 7000. l. in 60000. l. under the prizes Mr. Davis had given in: notwithstanding M. Davis delivered the goods & had his prizes for those goods & provisions, but did fail in all his undertake both in the time of delivering the goods: and also the goods he served were generally very bad: as doth appear by the Testimony of one of the Parliaments Commissioners in Ireland, which Testimony, and the prizes Mr. Davis had, is here inserted, The reasons why M. Davis had this employment before those Citizens, are many I shall name one: the cessation of Arms in Ireland being ended, divers Commanders came over from thence into this Kingdom, who knowing Mr. Davis of old, in respect of his large bribes given them, did desire the Committee of Parliament, that Mr. Davies might be the man for the providing and furnishing of provisions for the service of Ireland, alleging they knew him well; as for the Citizens, they were more fit to keep shops, then to take care of a Kingdom.  
These Commander's , are those who were for the Parliament one year, and the next year sided and joined with the Irish Rebels: these are the men who gave this good report of Mr. Davies.  
That Mr. Davies hath made a second bargain with the  of Parliament for 45000. l. worth of goods▪ the which money is fully paid him, and the 60000. l. also formerly mentioned, and this Committee have allowed him his pretended Debt of 12195. l. out of the money appointed by Ordinance of Parliament only for Ireland, and not to pay any debt, although never so real.  
Mr. Davies in the month of July, 1646. hath made a third agreement for 140000. l. to deliver so much in Arms, Provisions, & other necessaries, the money part of it, to be paid out of the Excise, and the rest by a new Ordinance of Parliament, for levying of moneys for the service of Ireland, the Commit of Adventurers having formerly declared in their book formerly set forth by them, which was presented to divers Members of Parl. in the Month of Jan. 1645. wherein the Committee do allege, that if they might have had the managing of that service of 60000. l. in a Committee-way, they would have saved the State 15000. l. in the said sum of 60000. l. of the prizes allowed Mr. Davies, and would have furnished better goods; and Mr. Davies after his first agreement, had also allowed him 2500. l. to get in the money: if 15000. l could have been saved in 60000 l. what might have been saved in 245000. l. by that account there might have been saved above 61000. l. and better commodities furnished. There is a Parliament man named Sir John Clotworthy, that hath been the said Mr. John Davies his chief friend, to assist him in all his bargains aforesaid: this is that Sir john Clotworthy against whom the Committee of Adventurers for Ireland, formerly petitioned the Pariiament, that he might give account foe 24000. l. received by him of the Adventurers money; for the which, to this very day he hath given no account: and the Committee do verily believe, he never will give any account for the said money: So what with Mr. Davies 12195. l. which he so falsely got and the 61000. l. formerly mentioned, and the moneys Sir I. Clotworthy detains in his hands, being 24000. l. as aforesaid, amounts in the whole to 97195. l. which is above the fourth part of the money allotted for the service of Ireland, for these 2 or 3 years past. This-being considered, it is no marvel that the cry of Ireland is so loud. That in Septemb. and October, 1644. there was by order of Parliament three meetings of the Adventurers of Ireland, usually sitting at Grocer's Hall London, four Parliament men then present, sent as a Committee from the Parliament; namely, Sir I. Clatworthy, Mr. Reynalds, Major Jepson, Sir I. Clotworthy moving at all the several meetings for money, it was desired by the Adventurers, that there might be a new Committee chosen by the Adventurers. Sir I. Clotworthy shown his dislike unto that motion; saying, if they would have a Committee, it should consist of 4 Parliament men, 4 Irish men, and 3 Citizens: the Irishmen were such, who not above 3 weeks before had sided with the Irish Rebels, and these four to three Citizens: this savoured not well. The Adventurers much distasting this, were all going away: at last it was granted the Adventurers to choose the Committee: whereupon 4 Aldermen and 16 Merchants, very able men, were chosen newly, Sir I. Clotworthy, as appears, disliking this Committee, ●he business was managed by a Committee above, and the Committee of Citizens have been as cyphers. At the said meeting, there were two Citizen's Adventurers did offer unto sir I. Clotworthy, and the committee then present, that they would undertake to serve 1500. l. worth of cheese and butter, good sound cheese at 2. d. per l. and good bu●ter at 4. d. ob. per l. and to receive the money out of the Ordinance of Parliament, at six months, or as i● came in: But sir john in the audience of all he people then present, made this answer; that cheese and butter was too saucic for them, and that the soldiers in Ireland would be content with bread and water: teis did much discourage the Adventurers to hear him speak after this manner. But observ●, sir john Clotworthy did so assist his friend Mr. Davies, that he had 3. d. ob. per l. for the same commodity which was offered by the Adventurers for 2. ●. pe l. on may judge w●at that will come to in a quantity: you may observe that Mr. Davis and his Partners did buy the goods aforesaid upon the credit of the said Ordinance of Parliament, the which might have been done by some of the Adventurers who would have delivered better Provisions, and have saved the State 61000. l. in the several parcels aforementioned: all the wivele, eaten, and musty Corn that could be had, these undertakers did buy up at cheap rates, and so in other Commodities, the basest trumpery that could be had which they delivered for the said service of Ireland.  
The said Mr. Davis had 3. partners which are by their callings Cheesemongers, viz. Mr. Thomas Radberd, Mr. John Cheston, and Mr. Dennis Gauden: I shall set forth unto you what these men have been.  
First of all in the year 1640. they were undertakers and did deliver Provisions for the Bishop's Army against the Scots, which Provisions being returned, the said undertakers bought most of the same Provisions under the fourth part the King paid for them, yet it hath been observed that this money hath not thriven with them, for they have had great losses especially one of them by Sea.  
That about 3. years since, Mr. Radberd and his partners having good store of Butter on their hands, procured one to petition a Committee of Parliament: setting forth in his Petition that he was a Merchant, and that he did desire their Order for transportation of 1800. Firkins of Butter for Ireland, which being granted by virtue of the said Order; Radberd and his partners shipped 1800. Firkins of Butter, and so it passed the River upon the said Order: the Vessel laden with this Butter put into Dover Peer, and there continued for 3. or 4. days, as the Mr. hath acknowledged: the wind coming fair, the ship put forth of the Peer at night, and the nex morning the Mr. with his Ship and goods came safe before Dunkirk upon Order from the said Mr. Radberd and his partners, the Mr. hath also acknowledged that the Order for their transporting of the Butter for Ireland was only to colour the business: the Butter was unladen and sold at Dunkirk, for the account of Mr. Radberd and his partners.  
That John Cheston at the beginning of the troubles of this Kingdom, when the Parliament was low, and the King's party looked very big upon us, than he cries a King, a King; but of late he faced about, cries a Parliament, a Parliament: that when the Kingdom was brought to a very low condition, the Adventurers for Ireland and others wellaffected did disburse in money and goods for Ireland above 5000000. l. and to this day have not been repaid any part thereof, at that time Mr. Racb●rd &c his 〈◊〉 partners aforementioned would not trust the State with 〈◊〉 And yet norwithstanding they with their partner Mr. Davis 〈◊〉 the men that have the managing, & are undertakers for all the service of Ireland, although to the great damage and loss of this Kingdom, and likewise to the Kingdom of Ireland, and a very greatch scouragement to the Adventurers & all other persons we● effected to the safety of both Kingdoms.  
Thus you may perceive that those who have been most affectionate and helpful to the Parliament and Kingdom, adventuring their lives and Estates for them, having almost disbursed their whole Estates are now scarce looked upon; and those who have not at all assisted the Parliament, but stood as N●urers, & have sought themselves and their own advantages: these are the men who run away with so many thousand pounds while many aithfull friends to the Parliament, and true lovers of their Country far ready to perish for want of Food.  
Can it be imagined, that the said undertakers for Ireland, were more able to provide the goods aforesaid, better and cheaper, or so cheap as the Committee of Adventurers could have done? And i●divers Citizens did trust the Parliament upon their bare words in times of distress with above 50c0000d. what would not these men have trusted the Parliament upon an Ordinance to have their money paid them within very few months? and it cannot be otherwise imagined.  
These things with divers others, as also the Parliament men's continually fingering great sums of many out of Goldsmiths-Hall, into their own particular pockets, for th●● pr●tinded losses, disbursments, and pay, before any of the poor necessitaied people of the Kingdom have theirs, abundaice of whom stand sen●tine●s more in need of it th●n they, yea and better desorve it their divers of them, and aught in justice and conscience to go in ●●●q●all forvard proportion with them, and their enjoying their vast and great place, for all the Cloak, and mask of their self-denial Ordinance, and the iaegrosing the most of the La●● practice in the kingdom into the hands of their petty fogging Lawyers, I say the things for the more presevation of the kingdom, deserve seriously to be looked into, and told plainly and honestly unto them, wlth an earnest desire of their reformation, and not of their destruction, t●at so they, and all th● love their just interest may have cause to say. Faithful are the wounds (orrepreofes) of a friend, but deceitful are the kisses (or slattering) of an enemy, whith task shall be the earnest and to dial endeavours of him that is a true lover of England's happiness and prosperity.  
N. E.  
FINIS.