TERTIA PARS De COMPARATIS COMPARANDIS: Seu Justificationis Regis CAROLI comparatè, contra Parliamentum. OR, The third part of things compared: or of the Justification of King CHARLES comparatively against the Parliament. Wherein Is manifested and fulfilled the discovery that was promised, and left imperfect in the first and second parts of this subject, concerning several eminent Members, in both Houses of Parliament, and their abominable actions, even such as cannot in all respects be paralleled, in the worst times of the King. With A Demonstration of the end wherefore, and the means by which the insupportable tyranny, extortion and oppression of( those Tophets and tormentors) Gaols and Gaolers( the very Abstract of all the oppressions of this Kingdom) are principally still continued and supported: with many other memorable and remarkable passages, both of information and caution to all the free born Commons of ENGLAND. By Am: willbee. Psal. 14. 4. Have all the workers of iniquity no knowledge? who eat up my people as they eat bread:( saith the Lord.) Psal. 11. 5, 6. The Lord trieth the righteous: but the wicked and him that loveth violence, his soul hateth: upon the wicked he shall rain snares, fire and brimstone, and a horrible tempest: this shall be( notwithstanding the great abundance of their ill gotten mammon) the portion of their cup. Parve nec invideo, sine me Liber, ibis in Urbem: Hei mihi quod Domino, non licet ire tuo. Printed at OXFORD, 1648. DEar Country-men according to my promise, both in my first, and second part of this subject( though little to my joy or your comfort) I have enforced myself for the benefit of the public, to continue my discovery, of the grand notorious acts of violence, oppression, injustice, Treason, and breach of trust, of certain perfidious, faithless men in Parliament, by you elected and sent to consult and act for the public welfare and good of the whole kingdom in general, and of yourselves and every individual member thereof in particular, who contrary to their Protestation, Solemn League and Covenant, and their manifold Remonstrances and Declarations, made in the sight of Heaven, and the whole World, and contrary to their great and eminent trust and duty, have most egregiously violated all our laws, infringed our liberties, oppressed our persons, and destroyed our estates, and exercised an arbitrary power over us, more like Tyrants then Trustees, lawless Lords, then servants and Commissioners, for these many years. And here I will begin with one of the chiefest of them, viz. William Lenthall Esquire, Speaker of the House of Commons, who as he is highest amongst them in place, so is he as high as the highest of them in Treason, oppression, violent dealing, and unexpressible injustice; one that hath turned to * And is he not now again in compliance with the Scotch & presbyterian party both in the City and elsewhere? yea sure: and upon diligent inquisition it will be found so. every side, nor hath been faithful to any: but like the chameleon, according to the temperature of the air, so hath his colour been: And notwithstanding that he( through his subtlety & serpentine insinuations, and the double deceitful dealing of some, who would possess the World, of a love of sincere Justice to be in them without respect of persons) and the earl of Manchester, against whom also Treason hath been proved, have been and are defended and secured from Justice; these men like the Lark, have soard high in propositions and professions, but builded low in action, even as low as to a Beasts footing: and indeed as their note was on high, and more excellent then others ( like the Lark) which they chanted in the ears of the whole land, ( even to admiration) so is their fall, as hers is, sudden, and fordid, even to the dirt and basest center, as if they repented, and were weary of well-doing, by which they have contracted both to themselves and all their friends a general odium and scorn, I could name these persons, but will forbear, for the honours sake of the truth they have professed, being assured, that such notorious hypocrisy, dissimulation and treachery; halting and lame dealing with God and men, shall never go unpunished: and let them take heed, lest while through ambition and avarice, they think to engross all which their insatiable mindes thirst after, they do not like Aesops dog, lose what they have, by snatching at a shadow: and when it is too late, lament their madness and folly. One Mr. * Here begins the narration of M Speakers and his brothers, double and traitorous dealings. William Cobbe, who had been a Captain of the Kings, was unjustly arrested here in London, and imprisoned in the Kings Bench Prison: this man abhorring the treacherous dealing here of certain persons pretenders to the Parliament, did, during his imprisonment( he having respect to our Speakers honour) privily by Letters, acquainted him that his brother Sir John Lenthall, and Thomas Dudson his Deputy gaoler, had caused one Ralph Whistler( Chamberline of the Prison) to convey in a disguise to Oxford under the name of George Nightingall( one of Sir Iohns servants) one Captain Fothersby, a grand incendiary and enemy to the State; and that Sir John Lenthall had convaied divers other of his prisoners to the King. viz. Captain Dormer, a professed Papist, sergeant mayor powel, and John Baines a Papist, afterwards made a Captain under the King, and Mosely a jesuit, and treasurer of the moneys contributed by the Papists, for the Kings assistance, whom notwithstanding an Order for the keeping of him close prisoner, Sir John sent away to Oxford, and supplied him with twenty pound for his journey. That after the commitment of Sir Bazil Brook and Violet the Goldsmith, Sir John Lenthall suffered them both to go daily at large whither they would, and constantly lent them his Coach early and late, and that Sir John did at that time let Violet go frequently to Oxford; and that Sir John Lenthall was a constant receiver, favourer and protector of all Malignants, Delinquents, and such as came from Oxford, and were public enemies to the Parliament, all which Mr. Speaker kept silently and consealed,( although by his Protestation, Covenant and duty of his place, he ought to * See the Covenant. have revealed it, and to have endeavoured his brothers due, and condign punishment) until Captain Cobbe began to stir again more publicly, and then in Sept. 1644. the Speaker cunningly went privately in his Coach to Sir Johns house, where in a private chamber the Speaker asked Mr. Cobbe( before his brother Sir John Lenthall) if he would maintain that Letter which contained no less then * The Speaker acknowledgeth his brothers actions, to be treason. Treason, against his brother, to be his hand writing, and the contents thereof for a truth, to which Captain Cobbe answered, that if he pleased to bring him before the House of Commons, he would maintain and prove it upon his life, and a great deal more; whereupon the Speaker turned to his brother Sir John, and said, here is enough to hazard your life Sir John Lenthall( and his own also if justice might be impartially executed, as you will see here following proved) whereinto Sir John Lenthall replied, I protest before God Sir, Mr. Violet went but once to Oxford, and then Sir you know that he had a letter of safe conduct from you under your own hand; to which then Mr. Speaker answered, I * Note, the speaker is not onely privy, but authorizeth Violet to go to Oxford. remember I gave him a safe conduct once & no more. But with Mr. Speakers favour, notwithstanding his NO MORE, He that commits Treason but once, is as guilty of death, as he that commits it a hundred times over and over, and then M. Speaker said, I perceive Captain Cobbe you are unjustly imprisoned( a pretty insinuation) why do you not prefer a Bill in Chancery for your own relief, and address yourself by Petition to the House, and then I will take a course to acquit you from this restraint( or to this effect) and so my brother and you may continue friends, &c. and thus they partend. But Captain Cobbe having waited some time and finding no fruits, began again to belch out some menaces against Sir John and murderous Dudson, Sir Johns Deputy * Now both made Elders for Georges parish in Southwark: are they not a godly ones? but like government like Governours. which coming to their ears, the Captain on a sudden had much liberty and favour shewed him, and after a while obtained his free discharge by a motion at the Kings bench bar. And being set free on a thursday in Decem. 1644. Ralph Whistler, George Nightingall, Allen and others, Sir Johns Slaugher-men, under pretence of love and congratulation, invited the Captain to a feast( as absalon did his brother Amon) at one Simon Tompsons house, within the prison rules, where, as the Captain affirmed upon his death( which followed on the Sabbathday then next following) they * Murder: the familiar concomitant of Treason and lust. poisoned him: and when he was dead, to prevent all search or inquisition, caused his body which was most horribly swelled to be convaied away to Sea before it was thoroughly could: Thus did these miscreants conceive they had utterly prevented all further detection and prosecution of the business. nevertheless, after the death of this destroyed Gentleman, certain persons( well affencted to the public, and the good and welfare of the people and Parliament) who were privy to all the preceding passages, and to much more of as high concernment and nature, acted by the Speaker and his brother against the weal of the kingdom, City and Parliament, did revive the former accusation against Sir John and the Speaker, and bring against them an additional crimination, prosecuting for justice on them according to the Covenant, and the manifold Declarations, Orders and Ordinances of the Parliament; for which divers of them ran the hazard of being destroyed by sundry of Sir Johns cruel practices, and instruments of cruelty; but at length with much difficulty, hazard and opposition( even from those also who should of right have cherished and protected them) they brought it to an examination and hearing, and made full proof of their charge, both before the Committee at Salters Hall, and the Committee for Surry, and afterwards before the Committee at Westminster for Examinations, as you shal hear immediately declared; but I pray by the way note, that there was( as I have been informed by knowing persons) fifty pounds offered to the clerk of the Committee of Salters Hall, to take the charge off of the file and the charge and proofs which were made before the Committee of Surry, of which Sir John Lenthall is, or was chairman, is accordingly taken away; before which Committee for examinations consisting all of Members of the House of Commons, whereof for the time laurence Whitaker was then chairman, it was punctually proved by one James Frese a Merchant, Mr. Edward Jenkes and Hannah his wife, Mr. Timothy Sanders a Country gentleman, one mistress Garroway, and one Ellen Thomas( both which have been conversant at Oxford) and others. That one John powel was employed as a Messenger by Sir John Lenthall, and one Doctor Seaton, to carry Letters for them to Oxford: That edmond Lenthall,( Sir Iohns eldest son and a mayor in the Kings Army at Oxford) his wife came frequently from Oxford to London as a spy, and had her abode during her stay, at Sir John Lenthals house in Southwark, and that during his being there, Mr. Lenthall the Speaker * Note I pray came oftener thither, then he did ever before or after. And that one Nicolas page. was a frequent messenger between Sir Bazil Brook( then prisoner in the Tower) and Sir John Lenthall and the Speaker, and did carry letters both to M. Speaker, and to Sir Bazil, which came from Oxford. That there was one Prat kept at Oxford, on purpose to receive and dispose of letters which were sent thither by Sir John Lenthal( some without question of M. Speakers) and that mayor edmond Lenthal came from Oxford, and was during his stay, entertained by Sir John at his house That M. Lenthal the Speaker had constantly given a woman his pass to go to Oxford with Messages and Letters for the space of two years. That whereas Captain Robinson, came from Oxford with a Commission from the King, and with Letters to divers great Malignants in London, for the transportation of all their Estates( either in money or goods) into the Low-Countries, and had jaded 60000 l. in goods, and 30000 l. in money; The certain notice whereof being given to the Speaker, and his Warrant and Care desired to stay the said Captain, and the Ship, with the Treasure, which were then at Graves-end, ready to depart( yet the Ships cockets then not cleared) the Speaker refused to grant his Warrant, or to take any other course to stay either the Man, Ship or Wealth( although very much importuned) and so the Captain went safe away with both. Now whether the Speaker or Capt. Robinson was the more culpable, Judge ye! That ellen Thomas had delivered Letters from M. Lenthal( the Speaker of the House of Commons) to Sir Robert Heath at Oxford, and another from the Speaker to the Kings own hand, and that Sir Robert Heath upon reading of a Letter sent to him from the Speaker, said thus, If M. Speaker will have his Lands and Houses preserved from being sequestered to his Majesties use, be must then supply his Majesties present occasions with a round sum of money. And that upon the Kings reading the Letter, which Master Speaker sent him, His Majesty said, I do much doubt of the truth of this, and of the Speakers fidelity to me( and good reason; For he that will be false to one, will be true to none) and he that hath not grace to keep his Oath with God, will never have conscience to keep faith with man. The Speakers Nephew, and Sir John Lenthals son, mayor edmond Lenthal, being there present, answered his Majesty, and said, Upon my soul and allegiance to your Majesty, I know that both my uncle the Speaker, and my father, are as true to your Majesty, as mine own heart, or * but he lied. the heart of any here present; And they are both assured that they can do your Majesty greater service at that distance they are, then if they were here present, how ever they are enforced to carry themselves there, by reason of their several places( They might both have left their places( like a couple of Traitors) to honester men: But then M. Speaker had lost a mass of wealth and money, which he hath since gotten wickedly, and secretly accumulated and hide, and some whereof, as it is reported, he hath lately sent away before him beyond the seas: For, as great a friend as he hath professed himself to his Majesty, he dare not abide his coming, and himself hath said( as I have been credibly informed) That he knows, if the King comes he shall be one of the first which shall be hanged( and his brothers may follow him) it seems he is conscious to himself what he deserves. But to proceed in the Narrative of the proof made before the Committee. That the said ellen Thomas at the same time did deliver a Letter from Sir Bazil Brook then prisoner in the Tower to his Lady, at Sir Robert Heaths house in Oxford, upon reading whereof the Lady Brook said, she was undone; for her husband being prisoner in the Tower, all the Treasure, which was in Sir John Lenthals custody, he being but a poor Knight( and indeed as base and vile) would be lost: Whereupon ellen Thomas said, I hope, Madam, it is not much; to which the Lady Brook replied, in good faith nel it is above 60000 l.( a vast sum) I pray thee make hast to return to London, and carry me a Letter to Sir Bazil: the which she did, and brought a Letter from the Lady Brook to her husband Sir Bazil then in the Tower, who upon reading of it, spoken to Elline Thomas, as followeth, Good woman the Treasure is all safe enough in Sir John Lenthals keeping, I dare trust Sir John Lenthall with my life( and so dare not I with mine: for if ever there was a murderer, or a man of an immane and inhuman nature in the world, he is one; and as it hath been observed, there is a spirit of covetousness, oppression and cruelty, running thorough the veins of all the brothers and kindred) for he, and M. Speaker( said Sir Bazil) are my noble friends. And ellen Thomas did see and speak with M. Johnson, Jennings, Whistler, and others of Sir John Lenthals servants in Oxford. That when ever the said ellen Thomas was to go to Oxford with Letters, she was then directed by John coal the Speakers man to go and receive the Letters, and directions what else to do of the Lady Sydenham in Covent-garden, with whom, as it appears, the Speaker for the more privacy, did then correspond. All which was by her confessed and declared to the Committee of Examinations. That the said ellen Thomas brought a Letter from Sir Edward Sidenham( then in Oxford) to M. Speaker, written in Characters, with a strict charge to be delivered to the Speakers own hands, but ellen Thomas being narrowly preached at the Court of Guards, the Letter was found about her, and she and it brought before the Committee of Examinations, who took the Letter ( and it may be justly suspected delivered it to the Speaker in the womans stead) for they never questioned either it or her for bringing it, but dismissed her. And that the said 60000 l. worth of treasure, or greatest part thereof, after it was discovered and made known to the Earl of Essex, the Speaker, Sir Philip Stapleton, Sir Gilbert Gerrhard, colonel Long, and some others, Parliament members, to be in the custody of Sir John Lenthal, and the very place where it was, and their Warrants desired to seize it for the use of the public, was notwithstanding suffered to be conveyed away, by Sir John Lenthal and his servants in coaches thorough the Court of Guard in Southwark in the night season, for his Majesties support and supply. But never was a poor, simplo hearted people, who gave themselves and their estates so freely to the aid of a Parliament, so deceived, betrayed and destroyed, and that by those who pretended and professed, to be their Patrons and Preservers. For, what a more notorious treachery and wickedness can there be, then for men entrusted for the good of others, in a time of public calamity, by specious and subtle pretences, for the accomplishment of their own base ends, to draw their trusters into a combination and confederacy with them, against a pretended enemy, of whom themselves stand most in danger, and so to exhaust their moneys and estates, and to put some part thereof into their own purses, and with other some part thereof to gratify the enemy, and strengthen his hands, to secure their own Persons, Stakes, and Estates, and thereby to expose their friends and betrusters to utter ruin and misery? Quis sistet a lachrymis talia fando? Now ye may see, ye Friends and fellow Commoners of England, why the Speakers Lands, which lay then under the Kings power, were never sequestered, nor his houses and goods there( as others) plundered, spoiled, and laid waste: and who knoweth whether M. George Buck that married a sister of the Speakers, sometime a poor petty solicitor, or rather a base setter to get men arrested in and about London, who was by his brothers favour made a Captain of horse for the Parliament, was not designed on purpose to run away to the Kings side, as he did, after the fight at Burford; the better to accomplish the preservation of his Brothers Estate, and that the Speakers feigned affection to the King might have a clear appearance through him, as well as thorough edmond Lenthal his nephew. Had another done as much, he should surely have hanged for it: yet this turn-coat, coming back is admitted again in peace, as brave as the son, who before these monstrous warres, was not worth a groat, and had scarce a hole to put his head in; and mayor edmond Lenthal, notwithstanding all the mischief he hath done, is returned home in peace, whereas others less faulty have been sequestered, imprisoned and destroyed. But all that are any ways allied or related to the Lenthals, or depending on them may work wickedness by a law, and go away unpunished, Is not the Speaker a skreane unto them? Yea, by his power and prevalency in Parliament all the Petitions, Complaints and Articles that have from time to time been made and exhibited against his brother Sir John the jailer, and * Heretofore an Ostler. Dutson his cruel Deputy( those two grave, heavenly Elders) and others his servants and slaughter men, for their various murders; by hanging, starving, poisoning, maiming, laming, torturing, and tormenting of poor prisoners: and for their many multiplied exactions, extortions, oppressions, and barbarous insolences and cruelties incessantly exercised and inflicted upon them, could never * But I hope the day of their account is at hand, maugre all their might. yet be heard, nor any redress, remedy or justice had or obtained. His brother Sir John Lenthal, may let Violet, a desperate Malignant, and enemy to the Parliament( notwithstanding all the Parliaments Orders, Ordinances and Declarations to the contrary) go to Oxford, and sand some for messengers, and others his prisoners thither to take up Arms against the kingdom, in the late unnatural wars, and let Sir Bazil Brook go at pleasure to prosecute his mischievous designs in the City; and now lately let Sir Lewis Dives( just when he should have been brought to trial) make an escape, and he must not be so much as once questioned or reproved for it: O no! he is the Speakers brother: Simeon and Levi, couple them together, and let one halter serve them both, for they are not both worth two. But here is a kingdom well governed, and true justice in the mean time purely executed: when he that looks but over the hedge( as old * Hanged, as you will here following red, for carrying Letters only between a garrison of the Kings, and a garrison of the Parliaments. Pits of Stafford-shire) shall be hanged, and he that steals the horse( is the most notorious transgressor) shall not only pass with impunity, but be also countenanced and protected. Had the Warden of the Fleet propotrated any of those fore-mentioned acts against the Orders and Ordinances of Parliament( although he and his substitutes have, and do act things bad and base enough) he had without doubt been ere this time turned out of his place with much indignation, if not brought to judgement and execution: But I remember that for the better enabling Sir Bazil Brook with liberty, for the prosecution of his destructive design against the City and Parliament: a fair pretence was framed to bring him back from the Tower to the Kings-Bench into Sir John Lenthals custody: and O how did Dutson, and the rest of the bloudhounds there, do homage and rejoice at his return unto them! And may it not now justly be suspected to be a private design or project of the Speakers, and some others, for the letting of Sir Lewis Dives go, to remove him from the Tower to the Kings-Bench, even upon the neck of his trial? For surely the Tower was as sufficient to have kept him secure unto the time of his trial, which was so near; or unto this day, as it had been to keep him all the time before: and it is most certain that the Lieutenant of the Tower of London is a man for his fidelity much more approved, then is Sir John Lenthal, the Marshall of the Kings Bench prison. But happily the Speaker and his brother do fear that they may be enforced to travel in their old-age, and therefore thought good to sand a friend beyond seas before them. It was good providence, and special policy: for who knoweth what need such persons may have of such mens favour as Sir Lewis, in foreign parts? Have patience, and you shall see the issue. Yet before they go, I will tell them: That to let escape, or set at large unlawfully, any person that is committed to prison, ward or custody, for treason * Yet hath Wollaston the jailer of New gate, wilfully set at large divers so committed. , is treason by the Common Law. See 1. Hen. 6. 10. 5. Bract. Treason 11. Stam. 32. 1. And I believe Sir Lewis Dives was committed for no less: and colonel Chapman and others for the like: and yet the one is escaped, and the others are at liberty. But what dare not proud Gaolers do, who neither fear law or authority? Pardon I pray this digression, for it is not altogether unnecessary, nor voided of information. Notwithstanding all which before recited manifest Testimonies, the impious perjured then chairman of the Committee for Examinations, old M. Laurence Whitakers, made this following false report of the business to the house of Commons, viz. That there was no colour or proof appearing to them, that Committee, of M. Speakers or Sir John Lenthals sending 60000 l. to Oxford, or any other sum of money to the said garrison of the enemies, or that they or either of them, were privy or consenting thereunto. That there was no colour or proof appearing to that Committee, that any Member of the house of Commons held correspondency with the enemy.( Though himself as bad as any.) That it was a breach of privilege of the House, for the Committee of Surry, and the Committee of Salters-hall to enter into Examination of the business against M. Speaker, or any other Member of the House. A good policy( but an unjust practise) to deter others from doing the like. That this Complaint hath been prosecuted and raised, scandalously, falsely and maliciously, &c.( And so hath hitherto been, although as evident to the whole kingdom as the sun) all that hath been at any time charged upon any Parliament or Committee man( so pure a Generation are they.) That the prosecution of this business against M. Speaker, and other worthy( truly worthless) Members of this House of Commons, is a breach of privilege of the said House:( and so have been, and still are, all demands of Right and Justice.) I never heard or found before this degenerate Parliament, that a man might perfidiously break his trust, presumptuously forswear himself, be injust, betray, act treason, and commit all manner of mischief and iniquity, Cum Privilegio. And I hope, unless it be by the same men, shall never know or see the like again. The Lord deliver this miserable, afflicted Land, from such a false, perfidious, forsworn generation: for how can our affairs probably prosper and succeed well, whilst such men sit at the helm: I am confident, the best Historiographers of Heathen States and republics, make not mention of any such abhorred Examples, as we and the Scots, unhappy professed Christians of this sinful iceland, who like Bruits and Swine wallow in wickedness can instance within these last seven years, and shall leave( with sorrow I speak it) for future generations, with an Odium to commemorate as so many black trophies of our inessible, yea incredible( what shall I say, or who will help me to an epethite sufficient?) triumphant hyperbolical practices of impieties and iniquities: I apprehended all former ages ( Comparatis Comparandis) to have been but punies and beggars to this in irreligion and profaneness: We for our parts ( not to name this Parliament and their Committees) have acted, I may say, as if the devil himself were a mere ass and idiot to us. And sure when Mast. Whittakers made this wicked and false Report to the House of Commons, the devil was his tutor, and made him forget that saying of God, He that saith to the wicked, Thou art righteous, Prov. 24. 24. him shall the people curse, and Nations shall abhor him. So upon this pure Report it was resolved, That the principal Prosecutours should be punished. Whereas by the fourth Article of the deceitful Scottish Covenant( for which questionless God hath a controversy both with this Nation and with that) they enjoin men to swear, With all faithfulness to discover all Incendiaries, Malignants, evil Instruments, &c. that they may be brought to public trial and condign punishment( and for certain these two Brothers have been no good ones.) And further in the fift Article, That whatsoever any one is not able of himself to suppress or overcome, he shall reveal and make known: And in the same Article, The Parliament and all that have taken the Covenant, Swear to assist and defend all those that enter into that League and Covenant, in the maintaining and pursuing thereof: Instead of bringing these Delinquents and evil Instruments to public Trial and condign punishment, their Traitorous acts are butted in oblivion and their persons justified, and instead of assisting and defending the Discoverers and Prosecutours, in pursuance of their Oath and Covenant, they exposed them to the destructive rage and fury of the Offenders, and voted them to be punished, yea some of them have since( by the power and cruelty of the Speaker, and his said brother the jailer) been assaulted, beaten, wounded, dragged like dogs from one prison and dungeon to another, put in irons, ruined and destroyed, and some to this day kept close * As M Frese in the Fleet. imprisoned in a Chamber( flatly against the law of the Land.) And hath not Lieut. General cronwell taken this Covenant? If so, Why doth he connive, favour and defend this impious, cruel Speaker, and the Earl of Manchester, whom he hath long since impreached of Treason, and proved it against him? Why doth he not according as he hath lifted up his hand to the most High God, and solemnly sworn, do his endeavour to bring that treacherous Earl, and the other also to public Trial, and condign punishment? Surely he is not yet grown so seared or insensible, and supine in conscience, as to think, That God will be mocked, especially where the holinesse and honour of his sacred name, is engaged for the maintenance of one of his most glorious Attributes, Iustice, we all know( and let it be our admiration) how severely God * 2 Sam. 21. 1. revenged the breach of that * Deut. 7. 2. Prohibited Oath and Covenant * Josh. 9. 15. made with the Gibeonites: how much more then, the breach of that which is voluntary and considerate, and not sarr●ptious or rash? And to amplify the Speakers M. Lenthall his Treasons, and perjury, I pray you seariously to consider with me, that Vow and Covenant made and taken by both Houses of Parliament, and by them appointed to be taken by every man in the Cities of London and Westminster, and the Suburbs, immediately after the discovery of the Plot( called Wallers) for which poor Challener and Thompson suffered * Is said to pay Sir Bazil 20000 l. fine, and M. Waller 1000 l. but who had the money? The trespass ye know was against the City and kingdom. ( but rich Sir Bazill Brook, Waller and Violet, escaped by fines) the which every man who took it, ( as doubtless both the Speakers did, for commonly by their places, they are to be first in such things) did take it in these very words, viz. I do hear in the presence of Almighty God, Declare, Vow, and Covenant, that I will according to my power and vocation, assist the forces raised and continued by both Houses of Parliament, against the forces raised by the King without their consent: And I will not * Note. directly or indirectly adhere unto, nor shall willingly assist the forces raised by the King without consent of both Houses of Parliament: And this vow and Covenant I make in the presence of Almighty God, the searcher of all hearts, with a true intention to perform the same, as I shall answer at the great day, when the secrets of all hearts shall be revealed. Now how truly M. Speaker, or both the Speakers( having made or taken this Covenant or Vow) have performed and kept it( with divers others) I will not trouble myself to determine, but refer it to all judicious men to judge; the one in holding familiar correspondency with the King and his forces, supplying him with moneys, and by permitting and authorizing private escapes, Espies, and Messengers, to carry and bring Letters and intelligence, and to go( as Violet did to transact business in the enemies quarters, and his Brother the jailer, to sand away Robinson the jesuit and others to Oxford( after Orders of Parliament directed to him for their strict and close restraint) to convey money and treasure, men and assistance thither: The other( the earl of Manchester) in not discharging his trust, nor assisting the forces of Parliament at newberry, or near to Dennington, for the recovering of the King, and subduing of his Army, which then was in his power and mercy: The Psalmist saith, The wicked saith in his heart that there is no God, and surely these mens hearts say so in them, and that, That great day mentioned in the close of this vow, will never come, otherwise they could never have acted so desperately, contrary to what they had so solemnly vowed and sworn. And if yet these actions seem but frivolous and not worthy of notice, or of prosecution unto justice: why and what was Sir Alexander Carew, Sir John Hotham and his son( all three Members of the House of Commons) decollated or beheaded on Tower-hill? And why and for what was old Francis pit( a Farmer in Staffordshire) condemned and hanged in Smithfield, in Octob. 1644. was it not onely for carrying Letters and messages between Rushel-hall, a Parliament Garrison, and dudley Castle, a garrison of the Kings? Who so reads his * Printed in Oshob. 1644. confession, which is at large in print, shall find it so: And if like justice should be impartially inflicted on all such offenders, what would then become of the Speaker, Sir John his brother, and Dutson the deputy jailer, and several others whom I could name, and of all their private messages and intelligencers? But I could earnestly wish, that that dead mans last just council and advice were really observed, viz. That Parliament men and Magistrates, should not use their power as a spiders web, to catch the small flies and let the great ones escape: and that the great ones might be brought to condign punishment, as well as the mean and lesser: but this sparing of the best and fattest, hath brought us to the brink of ruin. O how acceptable to the God of justice is a fat sacrifice in justice? The fall of a great Oak, makes all the small Trees & shrubs about it to shak, but when a poor and small three fals, the great ones are not so much as moved. And if the Parliaments own doctrine, which they declare in the first part of their Book of Declarations, page. 279. and 722. be true( as beyond controversy it is) ( viz.) that Treason which is against the kingdom, is more against the King, then that which is against his Person, and that there is a Treason against the kingdom, as well as against the King: Then I am certain that Sir John Lenthall, these two Speakers and others, both within and without both Houses, are more worthy of death, than any of the former, and of the death of Traitors, than he that commits Treason only against the Kings Person; and if any ask how I will prove their facts treasonable; to omit all other arguments, Ex ●ribus corum eos judicabo: And I love to beat a man with his own weapon. As for that act of the earl of Manchester committed against the State and kingdom, near to Dennington Castle, it hath been already substantially declared and proved, even more fully indubitably then ever were the Articles against the Earl of Strafford, and there is nothing wanting but judgement and execution: although( as I have lately heard) through the means and underhand practices of some, who are men eminent for place, and great in power, but their condition is tottering, and at present I will spare them: The Articles against him are taken off of the File: Let such be ware of such actions, lest in the stead of pleasuring others, they in fine gain to themselves the Gallows; for by the law of the land it is felony to imbezel, take away, withdraw or avoid any * But what doth Brown Clerk of the Lords House, and his confederates deserve, for imbezling an act of Parliament? Which itself is a law, that is more than a record. Record out of any Court of justice, the eight of Hen. 6. chap. 12. and how can it be taken for less, to imbazell, withdraw, or take away any Record out of the supreme Court of judicature and justice of the Kingdom? Yet did Sir Thomas Walsingham, subtly, presumptuously and basely imbazel and get away out of the hands of Commons, a Petition that was preferred against him by M. Robert Ramsey: but if he was made exemplary others would fear, and * But I rather think they were gotten away by the means of his brother the Speaker. Sir John Lenthall( is said) to have gotten away the several Articles which were exhibited to the House of Lords against him, his deputy and servants: and were attested, proved upon oath and subscribed by five or six, and twelve prisoners in the year 1641. If such acts as these pass unpunished it is in vain to accuse, impeach or Petition against any man of place or power in Parliament: as for the other Speaker, M. Lenthals fact of Treason against the State and kingdom; I prove it thus, Die Veneris 20. die Maij, 1642. 1. It was resolved by the Parliament upon the question, that it did appear, the King seduced by evil council, intended to make war against the Parliament. 2. That whensoever the King made war upon the Parliament, it was a breach of trust reposed in him by his people, and contrary to his Oath, and tending to the dissolution of this Government( not of his, but this Government) that is of the fundamental laws, upon which is founded the constitution and frame of this kingdom. 3. That whosoever should serve and assist him in such warres, were Traitors by the fundamental laws of this kingdom, and had been so adjudged by two acts of Parliament, and ought to suffer as Traitors. The 11. of Richard 2. and the 1. of Hen. 4. The Parliament also then declared thus( as you may read, 1 Book Decl. p. 576. That whereas the King seduced by wicked council, doth make war against his Parliament and People, and for the promoting of the war, divers forces both of horse and foot have been and are levied and raised by several * Of which Sir John Lenthal was one. persons, and his Majesties good Subjects are most cruelly robbed, spoiled and slain: and to the end that no man may be misled through ignorance, The Lords and Commons in Parliament, Declare, That all such persons as shal upon any pretence whatsoever, assist his Majesty in this war * What is then Sir John Lenthal who presented the King with horse, men & arms in the North, & for which( as I am informed) he stands still committed to the Elect? and why is he not accordingly brought to condign punishment, for so high an offence? with Horse, arms, Plate, or money, are Traitors to his Majesty, the Parliament and kingdom, and shall be brought to condign punishment, for so high an offence. Now whereas by the second of the precedent three Votes, it is resolved by the Parliament, That the Kings making of war against the Parliament, tended to the dissolution of this Government, and it was therefore resolved by the third Vote, That whosoever should serve and assist him in these wars, were Traitors by the fundamental laws of this kingdom, and ought accordingly to suffer: both the Speaker and Sir John Lenthall the jailer his Brother( having assisted the King in these wars, as is and hath been already proved( and will be whensoever it is required, personally proved) are direct Traitors by the Parliaments own Vote and Judgement. Besides, in that the Speaker did conceal and comply with his brother in his aforesaid traitorous actions, he is alike guilty with him, although himself had done nothing; for as in murder, so in Treason, there are no accessaries, and as he that assents or conceals murder, though no actor, is by the Law equally guilty with * This was Sir Jerves Elwes case, in murdering of Sir T. Overbury. the actor, because it is conceived he doth approve and allow of it, and did concur in his will, though not in the act, and voluntas reputabitur pro facto: so he that is privy to Treason, or he unto whom it is revealed, concealing it, becometh Ipso facto, guilty of it, and is to suffer as an * And what deserve those Iudges to whom the articles were referred from the House of Lords concerning the several murders done in the K. Bench prison, who slighted the articles and concealed the murders? actor for it: Nihil interest utrum quis perpetrat an causam actionis prebeat, nor ought Sir John Lenthall or the Speaker to have done this upon any pretence whatsoever, as whether it was to save their houses, goods and Lands, or to gratify the King, and retain his favour: and thus you see it is expressed in the Declaration above recited. Again in a Declaration, and Ordinance of the Lords and Commons, of the 22. of Octob. 1643. For the better preventing of Spies and intelligencers, &c. It is Declared and Ordained, as followeth, That no person or persons shall go unto the person of the King or Queen, or Lords of the counsel abiding with him or her, or to any person or persons within any of the Kings quarters, Leagues, or garrisons, or that are within any of the Armies raised by the King, nor shall give or hold any * Note. intelligence by Letters, messengers or otherwise with the persons of the King & Queen, or other persons aforesaid, without the consent of both Houses of Parliament, &c. No?( Where is then the good Lord Say and Seal, and his friend Doctor Stanes, cum multis aliis non ignotis) and is farther therein declared, That every such person or persons shall be proceedod against, as those within the * The speaker & others pretended friends and great gainers by the Parlia. whom I know are as worthy to have their estates sequestered, as any that ever were in the Kings Army. Ordinance for Sequestration( what then will become of the many ill gotten hundred thousands which M. Speaker hath) and shall be farther accounted, as persons that do adhere unto those that have levied war against the Parliament and Kingdom, and shall be liable to the * Note. same punishment. Now they who levied the war against the Parliament, are by them positively, declared and demonstrated to be Traitors and Rebels, and al such as adhered unto them; and voted and determined( you see) to suffer as Traitors. The Speaker then and his brother Sir John and all others whatsoever, that have aniwaies had correspondency or held intelligence with the King and Queen, or any within the Kings or Queens quarters, do come within this list or account, and are not onely liable to sequestration, but by this very last recited Declaration and Order, questionable of Treason, and some,( as M. Hotham and others before name) have been put to death by them, in this very case. Again, The two Houses of Parliament have often preached and published to the World, That the Kings legal power and authority( though he was personally absent) did reside in both the Houses of Parliament, and in 1. Book Decl. 1. part 722. They say( as it is true) that Treason may be committed against the Kings authority, though not directly against his Person, and for this, they recite presidents in Tempore. Re. 2. Now the Kings legal authority being( as they affirm) in both the Houses of Parliament, both the Speakers, Sir John the jailer, and others have not onely committed Treason against the kingdom( which I conceive to be the chiefest of Treasons) but against the Kings power and authority also: as they did in the reign of Rich. the second; yet * Alex. then arch Bishop of Torke, and Rob. Deleer a Duke. they in that Kings Reign had the Kings special command for what they did, and so had never these; but have wilfully contrary to their Trust and without any colour, done and dealt treacherously and perfidiously. Now if the Parliament Doctrine be Orthodox, and their Remonstrances, Declarations and Ordinances, be just and legal, According to Truth, Law and Justice( which I will not question) Then let them vindicate the Legality and Authority of them, and justify their Opinions and Proceedings herein, by the due and true Execution of Justice( according to Gods Command without respect of persons) upon these wilfully wicked, and Traitorous transgressors, Otherwise they will give occasion to all men, to talk their pleasure, and pass their censure on them, and for most men to suspect the justness of their wars, and the soundenesse of their judgements: And to conceive that under the notion of Law and Authority to rise in arms for the preservation of themselves, their estates and liberties, the people have been seduced into a horrid rebellion against their native Prince, only to gain a company of ambitious, avaricious, factious men power and usurpation. O how hath the Parliament been renowned and honoured for their Remonstrances, Declarations and Speeches: for they are full of pure reason, equity and justice? But O how are they now distasted and abhorred for their degenerous actions! for they are generally oppugnant to Law and reason, and fraught with all iniquity and injustice? So that they have made themselves to * And only because of the exercise of injustice, and the neglect of justice. stink even in all mens nostrils. And the Army doth no less, because of the non-performance of their Promise and Engagement; by which defect they have contracted a general hatred and contempt upon all that are faithful in the Land. May they be accursed that have been the Causers of it. Was Davids sin so heavy and heinous, whose trespass was but personal and private, and onely against a private person, because he had thereby given occasion to the enemies of the Lord to blaspheme? 2 Sam. 12. 14. And is not the breach of Oath and Trust in the Parliament, and of Promise and Engagement in the Heads of the Army, a sin much more high and heinous, gross and scandalous? For they have trespassed publicly against the whole Land, and the people of God, and given the enemies of the Church and kingdom much more abundant cause to blaspheme and reproach the Inheritance of the Lord, then ever David did * O the wretched effects that the apostasy of the Heads of the Army hath produced. Hence the Scots and the Scotch party, the Malignants and Delinquents, and their party have all their present advantage, & by this means is Ireland left even breathles. . And what will they do in the end? For, for these things is Gods hand stretched out still against us. O that they would repent and do their first works, Who knoweth if God will turn and repent, and turn away from his fierce anger, that we perish not, Jonah 3. 9. For he neither desires, nor delights in our destruction. And why should wee destroy ourselves? But Tempora mutantur, & ij mutantur in illis? Now to proceed, Barnavolt that brave Statist of the States in the Low-countries, and a man better deserving of that Common-wealth then ever the Speaker deserved of this, suffered as a traitor there, for concealing his brothers intended Treason. Nor is it any wonder that his Majesty had such speedy intelligence at Oxford, of whatsoever was resolved or voted in the house of Commons, when as this man M. Lenthall kept two constant Messengers on purpose to go thither, and yet who is more then he and some others. Who then professed themselves the Kings greatest friends more opposite to his return? Where is that strong assertion of his Nephew edmond to his Majesty, That his uncles heart was as real to his Majesty, as his, or the heart of any that was there then present? And albeit the Speaker hath, as I am informed, recovered his artificial Letter( which was so written, as that it could not be red, but by being held between the reader and the fire) out of ellen Thomas her hands, the which was from him sent by ellen Thomas, to Sir Robert Heath to Oxford, wherein he proclaims and promiseth mountains of fidelity and sincerity to his Majesty, so as his Lands might be but spared, and kept unsequestred. The which Letter being under his own hand, the poor timorous mercenary woman, having occasion( by reason of a suit for sixty pound kept from her, as she is Executrix to one Elizabeth Slaughter, who died in the common Gaol of Kings-bench) to use the Speakers present power and favour, hath as I here delivered up to him: for upon her entreaty of his aid in her suit, he promised to do her all right and favour, so as that she would bring him a writing that she had of his, otherwise he bid her see his face no more ( It had been well for thousands in this kingdom, they had never seen his, nor known the faces of any the Lenthals) but she hath not only seen his face since, but also hath dined with him since, and received other several benefits from him, by which it is more then probable that she hath delivered him his Letter again: Be it so, yet I know before whom it was, and by whom it hath been red, and happily can demonstrate where a true Copy of it is to be had and produced, all his daubing is vain, God sits in heaven and laughs him to scorn, and wise men have detected him to the bottom. Though ellen Thomas should deny( as she cannot) what she hath already abundantly testified both before the Committees and others, or be hired for money( as he may happily assay it) to depart into some remote place, or if that M. Frese be poisoned, or sent beyond the seas( as by his and his brothers agents hath been already attempted) or if he should be starved and destroyed by illegal close imprisonment( in the Fleet prison) as is at this day endeavourby his, the Speakers power, and Sir John Lenthals means, and the Warden of the Fleet his flattering diligence. And that if M. Edward Jenkes in New-gate were also dead and perished from off the Earth, as is wished( and hath been also endeavoured) yet I can assure the Speaker, that this, and much more of as bad and high, and heinous nature and consequence will, whensoever opportunity answers, and justice prevails, be palpably proved both against him, and his like brother, The murdering jailer, who with his deputy, and all other ( Men destroying) Gaolers in this kingdom are environed with security, * Who support Gaolers in their oppressive practices, and to what end. and by the power of the Speaker, and such like Members in both Houses, supported in their oppressions, frauds, thefts, and inhuman cruelties, who preserve Gaols and Gaolers, as forges, curbs, and setters to restrain the just and poor oppressed man from prosecuting them, and the devouring Nimrods of this Land, for their Injustice, Treason, Oppression, robbery, Violence and Rapine: Neither will it ever be well with England, while these common slaughter-houses and slaughter-men ( the Prisons and exquisite immane Executioners, the Prison-Keepers) are maintained in these their base barbarous Cruelties, and Tyrannous oppressions, so long, let none ever expect to enjoy either free Justice or Liberty. Nor can a Common-wealth prosper that supports and fosters such diabolical means and Instruments of Oppression and Injustice, for which this kingdom is a shane and reproach to all Kingdoms and republics under the sun: Europe nor Asia do not allow the like destruction of men by Imprisonment, as is used and practised in this Christian kingdom. Surely God never ordained man, whom he made little inferior to the Angels, and Lord of the whole Creation, to be cooped up within stone-walls and grates, as a monster, or wild beast, for 7, 10, 20. yea 30 years together: yet have the poor distressed and oppressed prisoners cried out these seven yeares by their several addresses in print to the Parliament from all corners of this Land, for Release of this bondage and misery, and cannot be heard, but are unjustly slighted, demurred and deferred, from day to day, week to week, year to year, from Committee to Committee, from chairman to chairman, from zealous colonel Martin to one colonel Rigby, who hath been reputed an honest man,( I wish he prove so) whilst a thousand of them starve and perish, and their disconsolate Wives, Children and Families are made desolate and miserable: and all this miserable bondage( I am confident) is continued through the power and subtlety of this Speaker, and his corrupt Confederates, who make Arbitrary Power( Tyrannies first born brat) the Rule and Square of their actions, accounting the free-born poor people of the Land, as the dirt and scum of the earth, not worthy of their thoughts or looks. The Speakers, and the corrupt Judges and Lawyers, and other such like impious unjust men ( of which sort there are not a few in both the Houses) are sensible, and see, that if Justice should be admitted against all Gaolers, and Prison-keepers, and redress yielded to the poor oppressed prisoners, according to the Law of the realm, it would soon drain dry all the wicked gainful mills of Contention, and abase the Power and Pride of the litigious Lawyers, who like vermin feed upon nothing but corruption, and his brother Sir John the jailer, that monster of men, and all others of like place and office, must then either hang and become a scorn to all the people, or else run away, and live as vagrants in a strange Land( and indeed they are fitter to live in a wilderness among savage Bears and Beasts, then in a Community or society of Christian men) and that then many of their illegal, unrighteous and unreasonable, false and injust Orders and Reports, Warrants, Sentences, and Decrees, by which they have oppressed, destroyed and butted Multitudes of men( more righteous then themselves) alive in prisons, and in the interim, perforce, retain, and possess their Estates and Livelihoods, would be laid open before the Sun, and brought to examination and censure, and their persons to condign punishment and shane. * Sir Thomas Walsinghams injust proceedings against M. Rob. Ramsey. And such an unjust Decree is that which Sir Thomas Walsingham, that wicked adulterous adulterated Member of the House of Commons, obtained in the Court of Exchequer, against Master Robert Ramsey, by force whereof he keepeth him prisoner in the Fleet, and detains his means from him: Master Ramsey attended diligently three terms with his council upon the Court in this Cause, for a hearing, and it was still from term to term by Walsinghams power, and Baron Trever his corruptness deferred, because Walsingham knew his Cause to be wicked and unjust, and that it would go against him. But M. Ramsey at length falling sick, and in danger of death, through his two years close imprisonment in the Tower Chamber in the Fleet, then did wicked Walsingham bring the cause to a hearing before that corrupt Baron Trever, without giving any notice to M. Ramsey, or his council, when by reason of his dangerous sickness and close restraint, neither he nor his council could attend, or be present, yet without hearing of M. Ramsey or his council in the Cause, did Baron Trever most injustly( and contrary to the customs Act. 23. 35. So in 24. & 25. chap. of the very Heathen) decree the matter against Master Ramsey. This is that Baron Trever, which hath been long reputed to be a most injust, corrupt Judge, and yet is still continued by the Parliament in his place. And even at this instant, for that M. Ramsey hath petitioned the Lords for Justice and redress in his Cause, Walsingham by a mere verbal Command from himself( contrary to all Law) causeth the Warden of the Fleet to restrain M. Ramsey of his Liberty to go abroad, so that he cannot prosecute his Petition before the Lords; and the Warden of the Fleet being asked by M. Ramsey, if he would restrain him from following his business, upon Sir Thomas Walsinghams mere verbal Order, he then answered plainly, That Sir Thomas Walsingham had sent his man ( walls) to him with such order, and he durst not but obey him, he being a Parliament man. And since that M. Ramsey hath been thus restrained, Sir Thomas Walsingham hath put in his Answer before the Lords to M. Ramseys Petition: but M. Ramsey can neither see it, not get a Copy of it( a good one I warrant you, and as voided of lies, as he is full of honesty) And when he had so done, he impudently moved to have the Lords determine the Cause according to his Answer, without hearing M. Ramseys Defence or Reply: but( to their great Honour be it spoken) they were so just, as not to do it. Nay, he would have had M. Ramsey punished for slandering of him. O the height of this mans impudence! That he should dare to move to have a man punished for seeking Justice, whom all that understand the Cause know, he hath most injustly injured and oppressed; and deserveth therefore himself to be made an example, Ad terrorem aliorum. Sure he thinks, because the Constable let him escape, and punished the Woman, he shall escape alway; but this was the Lord Keeper Coventries trick, who got the Maid whipped, and Sir Richard Wiseman and M. Norton imprisoned for justly accusing him of injustice, Beware L. Howard. Now this and whatsoever else is declared in the second part of Comparatis Comparandis, concerning the extreme Injustice and Oppression, exercised by this Sir Thomas Walsingham in this case, upon M. Ramsey, is as a thing of nought to that M. Ramsey is able to manifest, and is ready upon his life to prove against him, if he may but have iustice, and a free hearing. In like manner did M. Lenthall the Speaker( as Commissioner for the Great Seal, and Master of the rolls) pass an unrighteous Decree against one M. Peacock, now prisoner in the Fleet, at such time as he was kept close Prisoner, and could not go forth out of prison to prepare his council, and solicit his Cause; An excellent sure way,( but of the Devils inventing) first to sew up a mans mouth, and then to condemn him: to bind a man fast, and then to kill him: but doubtless it is most meet and just, that all such Sentences, Judgements, Reports, Orders and Decrees that have past upon any man without a full and free hearing of both parties, or their councils( which is a course contrary to the Law of the Land, Nature, and Nations) should be reversed, made null, and referred to a fair and legal hearing. And here I call to mind, That the Parliament argue against the Earl of Strafford, and do affirm it in their Declarations, That the Kings personal Commands, which are contrary to the Laws of the Land, ought not to be obeied, nor do acquit the Person executing them, though accompanied with his presence. If so, then much less can any * How soon hath M. Hopkins forgot M. Ingrams censure in M. Lilburns case. jailer answer the Law for obeying any verbal Command that is contrary to the Law, of any private man, be he Lord or Commoner, Parliament man or other( I say private man) for every man of whatsoever Place, Degree or Office, in his own particular Cause, stands but in the condition of a private person; and therefore cannot be plaintiff, or party( Judge) and his Will, Word or Command is but private, arbitrary, and extrajudicial: Were some men for giving such Commands, and some for Obeying them made but Exemplary, As Justice and Necessity requires, others would be the more cautious, and learn for time to come to observe the Law, rather then mons wils: But so long as all manner of Injustice, Oppression and Violence, reigns so highly in both the Houses of Parliament( the supreme Court of England, and amongst all their Officers and Ministers) who ought to be as burning and shining lights for Equity and Justice to all Courts and Officers of Justice throughout the realm: It is not to be expected that these or any other grievous evils which at this day like Vultures and Wolves in the breast, feed upon the people, and have eaten the very heart and soul of them out, shall be removed or amended. The principal expedient therefore to cure this over-spreading gangrene, which without a sudden prevention will bring an absolute desolation, and to give justice( like the blood) a free course throughout all the veins of the Realm, is first to purge the fountain; Let the wicked be removed from about the Throne, that is put out of all place of power and government, and so shall the Throne( id est) the government be established. And now having done with our Speakers Treasonable actions, I will come to his actions of injustice, violence and oppression, executed by him as Speaker, and as Commissioner of the great seal, and Master of the rolls, and afterwards demonstrate unto you the like done by others of our Trustees, good Members of Parliament, whom we sent to act for our weal, and not for our woe, to redress and remove our oppressions, and not to augment and multiply them, as they have done, and first I will city you one M. Wil. Peacocks case a Merchant, and now prisoner in the Fleet. The body of this M. Peacock was taken in execution 18. Oct. M. Is. Peacock his case. In which ye will red M. Speakers gross injustice, & M. Peacock grievous sufferings. 1633., at the svit of Roger Harris upon a Judgement of 502. l. 5. s. obtained against him in the Court of K. bench, upon a Bond of 500. l. for payment of 307. l. which Judgement was obtained without the * A practise too much used and fit to be reformed, for by this means many are secretly & suddenly destroyed. knowledge of William, by the confession of Nathaniel Peacock, principal in the Bond. October. 10. 1634. the pl. Harris obtained another Judgement in like manner, against the said deafen. William, by the confession of the said Nathaniel, for 502 l. 2 s. more upon another Bond, wherein the said Nathaniel was also principal, and after ( viz.) 10. caro, Harris, by an Elegit upon this second Judgement extends the deafen. William Peacoks lands at the rent of thirty two pounds per annum, and hath had the possession, and received the whole profits thereof ever find, although by the Writ he ought, to have but unam meditatem, one moiety or half of the same. In May 1636. the plaintiff and defend. Willia. Peacock came to an account upon the said two Bonds, Judgements and Execution and extent; and upon the said account, the plantive Harris did then confess, and agree, that there then remained onely due and unpaid of the said two Bonds and Judgements, the sum of 75 l. That the plaintiff hath since the said account( it being full 12. years since in March last) received by the said land at the rate of thirty two pounds per an. above 380 l. for his 75 l. which he then acknowledged to be onely remaining behind and unpaid of his whole debt, and yet nevertheless the defend. William Peacock is still kept in prison to this day, upon execution of the first Judgement, and his lands are still detained from him by virtue of the Extent on the second Judgement, and that through the infatiable avarice and unreasonable cruelty and oppression( by the means of the Speakers injustice) of one John Sturton, who since the plantive Harris his death, married the widow of the said Harris, and hath committed great wast, both in the House, Woods and Timber, to M. Peacocks great detriment and damage; and thus ye have M. Peacocks case truly stated. Now to the injustice he hath received by M. Speaker in this oppressed condition, the defendant M. Peacock fled into the Chancery for relief, where he proved upon Oath, by the testimony of one John Peacock, that upon the examination( by the Lord Maior of London and Aldermen, Commissioners for prisoners of debt, of the debt and matter in difference between Harris the plaintiff, and William Peacock the defendant, there did then appear to them upon the account made up: and the said Harris did so confess and agree before them, that there was seventy five pound onely due upon the said debt from the defendant Wil. Peacock. Proved also by the testimony of one Richard Loefield, a nother witness for M. Peacock, that upon the examination of the said business before the said Lord Maior and Commissioners( to his best remembrance) it did then appear by the confession of the said Har. and the account made up between him and W. Peacock, that there was about 80 l.( & he speaks as you may read above with the most( due from the said will. to the said Har. the which the said Commisi. then appointed the said William, to pay to the said Harris, out of certain lands which Harris had extended of Wil. Peacocks, or to the same effect, as by the certificate then made in the said business by the Commissioners doth appear, and the which I have the rather inserted because therein ye may observe several particulars of the injust avaricious, and unreasonable dealing of M. Peacocks adversary with him, proved, and acknowledged before the Commissioners. The Copy of the Certificate made by the Commissioners of London, to the Lords of the Conncell, upon their hearing of the matter in difference between M. William Made in May. 1636. Peacock and his adversary Harris. May it please Your Lordships, THat by virtue of a Commission to us and others directed, under the May 1636. great Seal of England, for the relief of poor distressed prisoners, we whose names are hear unto written, for the execution of the said Commission, did meet the 28. of this month of May, at Guild-hall London, where appeared before us sundry creditors of M. will. Peacocks, prisoner in the Fleet London, and all of them were contented to stand to our arbitrament, and award for satisfaction of their debts, and release of the said Peacock, save onely one Roger Harris, which said prisoner became indebted to the said Roger Harris, as a surety for one Nathaniel Peacock his brother, by several obligations, in 600 l. whereof it appears unto us by viewing of accounts, and by the confession of the said Harris, that he hath received of the prisoner and his brother 525 l. and we think it fit, that the said Harris shall take the residue of the said 600 l. by 20. l. per an. of the prisoner out of certain lands, late the prisoners, and now extended by the said Harris, who hath received the rents thereof since March last was 12 moneths, about which time we find by credible witnesses, that the said Harris did agree with the said prisoner to take his said debt, by 20 l. per an. as aforesaid. But the said Harris having sithence let the said lands by lease for 21 years and a half, refuseth to stand to that agreement, yet receiveth the rent thereof ever since, is satisfied 525 l. of his debt, and nevertheless keepeth the said Peacock in prison upon Execution, to hsi great damage; for by that hard dealing and restraint of his liberty, he hath lost his wifes lands by a verdict passed against him at the Assizes, worth a 1000 l. and is in danger to lose 400 l. more, in that he might not be suffered to follow his svit in Chancery, and to go into the Country to execute a Commission which concerns a good part of the Commissioners lands: * Note I pray. All which losses and damages we conceive to be fallen upon him by the hard dealing of the said Harris. Now so it is, may it please your good Lordships, The said Harris as we are informed, hath by secret practices between him and the prisoners said brother, obtained two Judgements secretly against the prisoner of 500 l. a piece in his Majesties Court of Kings Bench, for the debt abovesaid, and thereupon hath put the said prisoner to very great and unnecessary charges by extending his lands, and his wifes lands by one of the said Judgements, and detained him in execution upon the other Judgement, having kept the prisoner 31 * Viz. Then in May 1636. now complete 14 years. moneths to perish in prison, to the impoverishing & utter undoing of him his wife and children, neither will he refer himself to us being Commissioners, for that purpose, notwithstanding all the persuasions and entreaties we can use unto him: Nor would he stand to the said agreement made between him and the said prisoner as aforesaid: but is very obstinate and refrectory, &c. May 31. 1636. Subsribed Sam. Cranmer. Henry Andrewes. Gilb. Harrison. This Certificate was shewed unto Edward banks, Merchant-Tailer, Richard Loefield, and others, at their several Examinations taken in Chancery in this Cause, on the behalf of M. William Peacock Complaint against John * Sturton married Harris his widow. Sturton and others Defendants, and there sufficiently proved upon Oath. Yet nevertheless as ye will see follows, it was * Note I pray. accounted by M. Speaker upon his hearing of the matter merely extrajudicial and a proof of no validity, the reason was, because as it seems he was resolved to do injustly, contrary to all proof and equity. For whereas( as ye red above) Harris in 1637. in his life-time had by his own confession received 525 l. of the aforesaid 600 l. principal debt, and there was but 75 l. behind and unpaid, and that notwithstanding for the said 75 l. residue, the said Harris his widow, and Sturton who since intermarried with her, have eversince, even to this day received twenty pounds year rents of M. Peacocks lands. The Speaker that most abominable and unrighteous Judge( who hath ruined, as can be proved, whole families by his oppression and injustice) instead of ordering the accounts between the parties to be truly audited, and the debt to be truly stated, to the end it might appear, whether the debtor was any thing arrears to the Creditors, or the Creditor had received more than his debt( as ye most palpably see he hath, and that there ought in all conscience a restitution to be made to M. Peacock, yea, and satisfaction for his long unjust imprisonment) that so justice might be accordingly decreed, did positively and peremptorily, 24. Ap. 21. Car. R. order, that Dr. Aylet should take the defendants Sturtons own account( and I hope that would be easy enough) without hearing what exception the complain. Peacock could make unto it, and to state the debt right or wrong due or not) at 400 l. from the time of the deceased defendant Harris his answer, which was in * And note that Harris in 1636. confessed himself that there was but 75 l. behind. 1635. and further to consider what hath been disbursed by the defendant Sturton or Harris, in the defence of the Title, and all extents, accounts and other writings touching the matters in question( an excellent course to encourage Extortioners and oppressors: that after they have received more than their due, and put the poor and oppressed to unnecessary suits and troubles for redress and remedy, they shall be ordered to have all their unjust and excessive expense and charges allowed them) by which means the poor debtor instead of being acquitted, is further encumbered, and hath his debt and burden renewed. Yet this ye see, fellow Commoners, is the practise of this ungodly Judge. And he that will do this to one, will do it to every one( if he can) for his own private advantage and reward. What care such impious persons as this Speaker is, for laying load upon another mans shoulders, so that they can pleasure their friends, and put gain privately into their own purses? But woe unto us while we have such Governours. And at * 1646. that time when the Speaker ordered the debt to be stated at 400 l. you shall see( as by a report upon that Order Dr. Aylets hand here printed appeareth) that the Creditor had received of M. Peacock 209 l. 12 s. 9 d. more than his due debt. In●er W. Peacock querent. & Johem. Sturon & Mariam uxor ejus defendentes. Decimo April. 1646. The Report. ACcording to an order of the 24. of April last, I have several times heard the plantive and his council, and the defendant and their Solicit●r, and upon examining thereof, I finding that stating the 〈◇〉 at 400 l. at the time of the defendant Harris his answer according to the said Order: the said Harris after the time of filing his answer, which was in Novem. 1635. did upon treaty for a conclusion of the differences confess and agree before Commissioners or Referrees, that the said defend. Harris was satisfied * Note I pray. all his said debt and damages except 75 l. and this confession and agreement seems to be in May 1636. about half a year after the said Harris had put in and filled his answer to the plantiffes bill: which 75 l. with damages I find is fully satisfied with the annual rent of 24 l. in May 1640. with an overplus of 10 l. 19 s. since which time I find the defend. have received the annual rent of 24 l. being six whole years, which with damages amounts to 191 l. 12 s. 9 d. And I find more received by the defendants for one Northerns fine. 18 l. so the total that the defendants have received and are accountable for, is 209 l. 12 s. 9 d. But touching the defendants cost, in defence of the plantiffes title to the extended lands and all other damages in extents and other accounts for the matter in question, disbursed by the defend., I cannot ascertain the same in respect the defend. have not produced any * Note this. proof thereof before me. All which I humbly certify & leave to the grave judgement of this honourable Court. Subscribed, Rob. Aylett. Now whereas the oppressed plaintiff M. Peacock expected to have had this fair and reasonable report confirmed, and so to have been redressed and acquitted. lo, on the 30. of May 22. Car. R. It was pretended that the Master of the Chancery Dr. Aylett had grounded his report upon an * See how ready the Speaker is to help a knave, or a lame dog, as the proverb is over the style. extrajudicial confession and agreement of the said Harris, after the filing of his answer( and what proof more certain and ground more sure to make a report on, than a free confession and agreement proved) and stated the debt at 75 l. whereas he was ordered to state it at 400 l. and was not the debt so stated? I pray read the Report above. And the Master of the Chancery further certifies, that half a year after the filing of Harris his answer to M. Peacocks Bill, the confession and agreement was made, of 75 l. to be onely behind. Yet the Master of the Chancery is mistaken: at least the Speaker will have it so; and therefore * See how the Speaker enforceth the ministers of the Court by power, to make false reports, and abuse their consciences. orders that the matter should be referred back to the said Master to state the debt( right or wrong) at 400 l. &c. and in the mean time all proceedings upon the said Report to be stayed. In pursuance of which injust Order, D. Aylett to please the injust Speaker, 23. Decem. 1646. certifies, That he finds the debt is by * Note: not by him, but by orders of Court, for M. Speaker will so have it. Order of the Court stated at 400 l. and that Harris his confession of the debt to be all satisfied but 75 l. is by Order of the Court( still not by him) declared to be extrajudicial and rejected( a just and equal Order in the mean time, and most suitable to the conscience of such a Judge, for this confession and agreement which the Speaker calls extrajudicial, was legally proved, ye before red by sufficient witnesses in Chancery) & that this 400 l. was due from the 25. of Novemb. 1635. the interest whereof at 8 l. per cent. to the 20. of Nov. 1646. being a 11. years, amounts to 352 l. in all 752 l.( lo the debt is greater than at first) and the defendants having the lands in extent at 20 l. per an. amounts to 220 l. besides 18 l. for a fine received by Harris, which with the rent received makes 238 l. out of which there is to be deducted 36 l. for the arrears of an Annuity of 3 l. per annum, due to one M. Price, &c. and 15 l. more for five years over and above the said 36 l. and also 20 l. per annum to one Edward Peacock, by virtue of an injunction out of the Court of Wards( all this the plaintiff could have paid himself with less trouble and loss, if he might but according to right have enjoyed his liberty and lands, which deductions being made out of the 258 l. received, there rests received for rent 107 l. which hundred and seven pounds being deducted out of the 752 l. there remaines due to the defendants for principal and interest the sum of 645 l. and that the defendants several bills of charges, that they and the said Harris had been at in defence of the title, and for their trouble before the Commissioners of Grace and Councel-board, come to Rob. Aylett. 286 l. 1 s. more, besides the said principal and interest. So whereas the principal debt of 600 l. was by confession and agreement of Harris the Creditor himself 1635. all paid but 75 l. and nothing more then demanded and proved due: It is now, after the receipt of 20 l. per annum for full 12. years since, by just Master Speakers ordering it to be 400 l. due when there was not above 75 l. acknowledged to be due, and other wicked and injust tricks and devices which he consents to, and Orders, come to 752 l. and 286 l. 1 s. charges, all to 1038 l. 1 s. besides the debtors full 14. years hard durance and imprisonment, and the ruin of him his wife and children. All which that matchless Christian M. Speaker( who is as full of righteousness and justice, as a privy or common jakos is full of frankincense) as much regards and compassionates, as his like brother the jailer doth a mans life, and that is as much as a dog doth a pleas. And this last unreasonable, injurious and injust Report thus enforced by M. Speaker from the said Master, and all the matters and things therein contained, was the twenty eight day of January 22. Car. ordered and decreed by the said Speaker, Master of the rolls, or Lord paramount of the laws of England( choose ye which) to be ratified and confirmed by authority of the said Court. A most excellent president, and well beseeming so just and upright a chancellor, the mouth of the Commons of England. Sturton indeed upon Dr. Ayletts first Report which was but honest, equitable, and just, said in his wrath, he would spend 500 l. before it should go: And truly, it is strongly to be suspected that the Speaker hath had part of his 500 l. for a bribe: the which the poor oppressed prisoner it seems must pay, with interest, or else lye and perish. Oh miserable People, whose laws, estates, lives, and liberties, lye in the power and dispose of such Vipers! This man Sturton being of late solicited to give the debtor his liberty, that he might yet at last apply himself to some course for a subsistence for himself, wife and children. he would not do it, but more like a Pagan then a Christian, answered thus, or to this effect ( viz.) do you think that if I have a dog in a chain, I will let him loose to bite me? In which words, ye may not only observe his inhuman mind; but( as I said before) what end and use, all oppressors injust men and extortioners make of prisons. And so the poor prisoner still lies and languishes in misery and durance. Thus much for the case and sufferings of M. William Peacock, through the injustice of M. W. Lenthal Speaker of the House of Commons, and Master of the rolls. Now for another piece of the Speakers, of the like nature, but much more notorious, and of a deeper colour, acted by him upon one Henry Adys, sometime an Upholster in the Piazoe in the Covent-Garden. His Case is as follows. In 1638. Edward Keysar of sepulchres Parish Ironmonger( one M. Adys his case, and Mast. Speakers wilful and abominable injustice & abuse, both of the legal and regal authority therein, to M. Adys his ruin as just and conscientious as M. Speaker, but Graculus Graculo sedet) leased a House to the said Henry Adys for 21. years, under the rent of 74. l. per annum, payable quarterly, with a clause of re-entry for non-paiment. And at Lady-day 1642( through Keysars delusion) there was one quarters rent behind. Whereupon Keysar( like an unconscionable wretch) seals an ejectment to out Adys, Adys having made the house better worth then an hundred pound per annum. The which svit depending, it was agreed between Keysar and Adys, that Keysar should take the Security of Sir James thin, Adys his then Tenant for his rent arrear, and so Adys to hold his house according to his Lease, as before, and as if no such re-entry had been made. Yet before any more rent grew due, Keysar taketh from Adys a Closet, part of the demise: whereupon Adys refuseth to pay rent, until he either have his ground again, or satisfaction for it: either of which Keysar refused to give; but to make M. Adys amends, * Violence and felony. breaketh open his doors, and takes away all hsi goods by force, to the value of 300 l. and above, to Adys his utter * Note M. Adys his great loss and damage. undoing both in his Trade, Credit, custom and Benefit of his house, who usually made above 100 l. per annum of his house and goods, besides his own house room, and rent paid. Upon which M. Adys bringeth his action of trespass, and sueth Keysar for so taking his said goods, and the great damages he thereby sustained: M. Adys had done well if he had indicted him for felony( and put him to his twelve god-fathers, as he hath been once already for his knavery) This is the true state of M. Adys his Case. Hereafter follows the proceedings hereupon in Chancery, and the Speakers shameless injustice therein. Keysar perceiving he should be overthrown at Law, exhibits his Bill in Chancery, and there sueth Adys for the same rent, for which he took away the said goods, and hath also Security at Law; and setteth forth that he did take away the said goods from Adys, but cannot * What is clearer then confession? justify the same: ( the more shane for him, but alas hath none in him) And for equity pretendeth that Adys will make use of the said re-entry against him in a course of equity, notwithstanding the said agreement, in case he should sue Adys at the Common Law; for that he saith Keysar had voided his Lease by making his re-entry, and never proving his Title to the premises. This is all the equity in Keysars Bill( which indeed is none at all, for Adys never denied him his rent, but Keysar coveted the house, because Adys had improved it to a great value.) Adys desired only to have satisfaction of Keysar for taking from him part of the demise. * Adys his answer to Keysars Bill. Adys in his Answer confesseth the Re-entry and new Agreement made between them. This svit after the customary, tedious, consuming course of that unequal Court of Equity, continues four years: At length the 24 of january 1645. the Cause comes to a hearing before M. William Lenthal Speaker to the House of Commons at the rolls( where many, if not most of the hearings before him, are no better th●n the chamber hearings were in former times before the L. Coventry. For he will Order and Decree what he list, though he sit in public, and in view of all the people; as ye will here plainly see for example by the Sequel.) And first it was ordered by this unjust Judge and putrid traitorous Member of the Common-wealth( who is more worthy of an ax or an halter, a pistol or a dagger, then of any honour or place of judicature.) 1. That Adys should bring in 240 l. 10 s. rent arrear into Court. And yet nevertheless Keysar had taken away part of the demise( for which the devil gives no allowance) had security at common Law, and above 300 l. worth of Adys his goods in his hands, for the same. O brave equity! O rare remedy! A right late Parliamentary remedy. 2. That after the money was brought in, Keysar should restore to Adys his said goods. They were( ye may conceive) in a good case, and very fit for sale or usage, after Keysars four years usage; but alas this righteous Judge takes no notice of any detriment or damage done by this devouring Cormorant Keysar to the poor Tenant. And I may well term Keysar a devouring Cormorant: for he hath by the like fraudulent injust and oppressive practise, through the help of some such like instrument, as this black Saint the Speaker, devoured a poor widows whole estate to the value of 7000 l. at least. And by such means hath he gained an estate of 10000 l. or above. 3. It was ordered also at this hearing, That in an Action brought by Keysar at common Law for the rent: Adys should appear gratis( I crush the just, and spare the wicked, that he may be the more able to bribe) and pled and go to trial that term; and at the trial * Note this. not to pled any suspension: if he should, then Keysar to move the Court therein. Where is Law now, and the Liberty of the Subject? That a man shall be enjoined what to pled, and what he shall not pled, in his own Defence: Nay Adys is enjoined to forego his own advantage, and to pled to the overthrow of his own Cause. Is not this as bad as Straffords giving away mens estates upon paper Petitions? I am sure it is the same in nature, as his ordering and prescribing how much M. Peacock should pay his creditor, contrary to the account made up between them and the Creditours own demand. Did Strafford deserve to lose his life for such arbitrary Orders and Actions, then doth the Speaker, and others his fellows much more. For I am sure, and I can( if Justice might but take place) make it appear, That they have transcendently out acted, what they do but say and prove Strafford only intended. 4. That the injunction awarded Keysar, for the stay of Adys his svit for his goods and damages, * Note still, & see how injustice slows from the Speaker in streams. should still continue. Excellent Justice and Equity. Not only to give the oppressive Land-lord all unlawful power against the oppressed Tenant: but also unlawfully to restrain the Tenant from all lawful course and remedy for recovery of his goods and damages. And now is not this rare Order which contains four such conspicuous parts of justice, worthy to be printed for a Memorial in a read Character? Yet this is not worthy of notice to that which follows after. Since which hearing, several Orders have been made in this Cause by the Speaker against Adys, which from time to time have made the proceedings of that Honourable Court, which was intended to mitigate the rigour of the Law, to be more rigid then the Law. For the Law in its extremity, requires but one satisfaction for one and the same thing: yet the Speaker hath given as good as five several satisfactions, for that which himself upon the said hearing could not find to be due. All which several satisfactions are both unreasonable and unjust: nor( considering the Tenants loss and damage) agreeable to equity and conscience. 1. As first: Upon the hearing no rent was found due: and therefore there is a direction for a trial at Law, where Keysar hath security by sufficient bale, and Adys is ordered to pled no suspension. 2. June 17. 1645. The Speaker Orders that Keysar shall sell the goods to pay himself what he sueth for, although at the hearing nothing was found due: which goods M. Adys hath proved in Court to be really worth 300 l. at the time when Keysar carried them away. 3. Novemb. 10. 1645. The Speaker awards an Injunction for Keysar to take the possession of Adys his house, without any reparation or consideration, for Adys his goods or damages: And although Adys had 13 years to come of his lease, and hath disbursed about 200 l. in moneys upon the house.( A hell for such a Rhadamanthean Judge.) And 1. Februar. 22. Car. a Writ of Assistance( or more truly) A Commission or Dedimus potestatem for putting Keysar into possession, is by the Speaker directed in the Kings name, to the Sheriff of Middlesex for the time being, and to come( so are the words: and such a Writ I believe, neither the time being call, nor I hope the time to come will parallel: but he might have done well to have made it in perpetuum, as his hopes happily are to reign) to turn and keep Adys out of his house: and it is directed to be executed * Once execution of him would satisfy many, & serve for all. over and over again, yea an hundred times over, if need shall require, and that M. Keysar do so often want M. Sheriffs aid. And it hath been served once again, since the first service thereof, by John Pinsent the Sheriffs Deputy( who himself confessed that he never saw such a Writ before) in opposition to a Writ of restitution sued forth by Adys for the repossessing of his said house. Which perpetual, unparalleled Writ or Commission, being of such a transcendent nature; and his power and malevolent influence so great, that granted it: made Justice Hoo●er( that time-server) and Justice Carter, who deemed it but justice to grant Adys his Writ of Restitution, now to deny Ady the justice, either to serve it themselves, or to suffer others to do it * Note the prevalency of this wicked man, how tyrant-like he over awes the public ministers of justice. Did ever the King, the Bishops or the council do more? Away with him from the earth. : Nay they say plainly, they dare not, least the Master of the rolls should lay them by the heels. Now what availeth the taking away the Power of the Councel-board, and the Star-chamber, while one unworthy man our fellow, yea, our servant, shall have and exercise, the illegal arbitrary power of them both in himself, trample all Law and Justice under his feet, and make a whole kingdom vassals to his lawless Will and insatiable avarice. And here I thought good to insert this new devised Writ of Assistance or Commission verbatim, for all men to see and judge on. CAROLUS Dei gratia Angliae, Scotiae, Franciae & Hiberniae Regis fidei Defensor. &c. Vic. mid. pro tempore existen. & Copia brevis Ass. seu Commissionis pr●d. futur. salut: Cum constit. nob. in Cur. Cancellar. ura. in quadam ma●eria litis & differenc. coram nob. ibm. penden. inter Edrum. Keysar quer. & Henr. Adys Def. qd possessio cujusdam domus mencoat. & express. in querimon. ipius. queren. coram nob. in dea. Cur nra. v'sus prefat. def. imper. exhibit. detent. est ab eodem quer. minus just ut dicitur cont. tenor. & exigenciam cujusdam bris. nri. de Injunctione sub magno sigillo nro. Angliae confect. e'dea. Cancellar. nra. ea in parte nuper emanen. ac in contempt nri. ejusdemque Cur nre. manifesto ut accepimus. Scias igitur qd nos predeo. quer. quod justum est in hac parte sieri volentes. Dedimus tibi plenam potestatem & authoritatem prefat. quer. & assign. suos in plena quiet. & pacificat. possessione domus predict. sine dilon. ponendi, locandi, constituendi, ac de tempore in tempus conservandi & defendendi juxta veram intentionem & proponitum bris. nri. de Injunctione predict. Et ideo tibi mandamus qd immediate post recepconem hujus presentis Commissionis nre. ad predcam. domum cum pertin. accedas eamque intres & ingrediaris, & quascunque personam vel personas possessionem ibm. contra tenor. presentium detinentes amoveas & ejicias, ac predem ' quer. & assign. suos in plena pacificat. & quiet. possessione de tempore in tempus contra omnes impetus, violentias & interruptiones qua cunque, quotiescunque necesse fuit. conserves & defendas seu conservari & defendi facias juxta veram intentionem presentium. Et hoc nullatenus omittas. Teste me ipo. apud Westm. primo die Febr. anno Reg. nostri xxij. Lenthal press. Now I challenge all the Cursiters and clerks of Chancery to produce the like Writ, Commission or Dedimus potestatem in the like case I am confident that neither the Register, nor Natura Britanicum, affords any such President, of this form. And are such things as these fit to be suffered in this kingdom, to have Writs forged and framed * The authority of the law abused. contrary to Law, President and usage? By such means a man once forcibly and illegally turned out of possession, shall be sure to be forcibly debarred from ever getting in again. Is not this to alter and subvert all course of Law, and Courts of Judicature? All the Kings Commissions, Posse Comitatuses, and Dedimus potestatems, to Justices, Sheriffs, and others his ministers of Law and Justice, are but to the person in present Office, and the Power contained in them extends no further. Nay, if the King in the interim, during the being of such Officers in place do decease, Cessat eorum potestas, their Power also ceaseth for present. Yet here is a Commission granted not only to the present Sheriff, but to him also that is to come: and to be executed not once, but a tempore in tempus, & quotiescunque, &c. from time to time, and so often as &c. in effect for ever; least the injustly ejected should in the interval of time upon any opportunity regain his possession. By the Law of the Land he that doth any way embase, change, counterfeit, or falsify the Kings coin, or broad Seal of the Kingdom, is adjudged worthy of death. What then deserveth he, that shall embase, change, counterfeit or falsify the Kings * The Kings authority abused. Authority? The man that commanded it, the clerk that made it, and the Sheriff that executed it, deserve justly to be made exemplary. Proud aspiring Wolsey did only equalize himself with the King, Ego & Rex. This man herein more proud and aspiring then he, exceeds and extends his Power further in the Kings name, then the King did ever himself. Yea, he creates a new Power, Vic. mid. pro tempore existen. & futur. &c. This argues merely superlative arrogancy and presumption, an absolute cont●mpt of Law and Government, a dreadlesnesse of Justice and Punishment:) in a word, a resolved will, to do whatsoever he will: per fas & nefas, be it right or wrong. I never heard of the like in the worst daies of the King, nor by the worst of his ministers. 4. The Speaker denies and debars M. Adys of the benefit of the Law: as to pled against, so to sue Keysar for those damages by him sustained, in being illegally turned out of his house, wherein he hath 13 years to come: and for taking away his goods to the value of 300 l. the taking away of which Keysar himself confesseth in his Bill: and acknowledgeth that he cannot justify the fact. Yet the just and honourable Speaker, will justify him in it; in despite of Law, Justice and Reason. Which damages Adys proved in Court three years since to amount to above * M. Adys damnified 1500 l. 1500 l. besides the extreme oppression and imprisonment, which he hath since suffered by the Speakers means. O the multitudes that this man: & his bloody brother Sir John the jailer have destroyed, how many have fallen by their hands in private, how many by their double and treacherous dealings in these late calamitous wars? O my soul come not thou into their secret, nor desire any of their delicates. May their Table become a snare, and their store of ill-gotten treasure become to them a canker-worme, yea a fire to consume them: that others may see and remember, consider, and tremble. 5. And as if the Speaker had not yet yielded sufficient, injust satisfaction to Keysar, unto whom no wrong was done: nor done injustice and destruction enough to poor M. Adys, who had all the wrong. The 17. of June 1645. he awards all process of contempt against Adys to be made returnable immediate( a course most destructive, illegal and injust, and not meet to be used, but in cases extraordinary) And upon pretence of a Contempt, for that Adys had not sold the goods and paid the money, thereby arising to Keysar according to Order, and yet by the same Order( in case Adys did not sell the goods) Keysar himself was * Note. at liberty to sell them, and pay himself, as by the recital in the Order here published appears. Nov. 10. 1646. he orders M. Adys to be taken into safe custody by the sergeant at Arms. A true Copy of which Order here follows. Novemb. 10. die 22 Car. WHereas by an Order of the 17 of June last, for the reasons therein contained, it was prayed that the Plaintiff might toward his satisfaction, make sale of the goods in the said Order mentioned. It was ordered, in case the Defendant Adys should not upon such notice, as by Michalmas last, * Note I pray. make sale of the distrained goods, whereof the money arising was to be paid toward the Plaintiffs satisfaction by a former order, then the Plaintiff was at liberty to do the same. Upon opening the matter this day unto the Court by M. hernia, being of the Plaintiffs * Commonly like Cause, like council. council, and upon producing of the said Order: It was alleged that the Defendant hath not hitherto given any obedience( a mere allegation makes no proof) to the said Order, but sits out all process of contempt to a Commission of Rebellion, as appeareth by the same now produced under Seal( which might soon be obtained, all process being ordered, as is above declared, to be made returnable against him immediate.) It is therefore ordered, That the sergeant at Arms, attending this Court do apprehended the said Defendant, and bring him into this Court to answer his said Contempt( which was that he did not sell the goods, but leave the Plaintiff to sell them if he would, according to the Order herein recited) And whereas it was also alleged, That since that Order, the Defendant petitioned the Commissioners of the great Seal for a rehearing of the Cause, but their Lordships referred him to attend the Master of the rolls thereupon; but he hath not procured any thing to be done thereupon( because happily he then wanted money, or had some other impediment or occasion extraordinary) and still the Plaintiff is kept out of his house and rent: And therefore it was prayed that the Plaintiff may have an injunction for the Possession of the house in question( and is there not a special cause shewed for it?) which is ordered accordingly, &c. Note: Here is the body committed to custody, and the possession of his house, and title of above 13 years term to come, given away; without cause, and contrary to equity, both in one day, and at once by one order. And this still confirms, what I have, and do affirm:( And I beseech you Friends, and free Commoners of England consider it seriously, That when our Estates and Possessions are wrested from us, by Violence, Power, and Injustice: a Gaol is presently assigned for a Cage to keep us in; that we may never be able to question the injust Judge, or to recover our extorted right. And this I say is one chief * There is no true liberty or justice to be expected while Gaols are thus supported. cause that the Nimrods of these times, those Hunters of men, do countenance and support Gaols and Gaolers in their illegal and unreasonable exactions and extortions, inhuman and insupportable cruelties and oppressions: notwithstanding all the vehement and dolorous outcries and complaints of the miserable destroyed prisoners. I could instance you a multitude of these pitiful examples, now extant and living in several prisons. But to proceed. July 3. M. Adys is turned over to the Fleet through the false information and suggestion of that impudent Ambo-Vexter M. hernia of Lincolns-Inne of council with Keysar, who with a brazen fore-head told the Court, That there was nothing of all the goods that Keysar took away wanting, but the leg of a joynt-stool; whenas there are 8, or 9 feather beds, with rugs, blankets, and many more of the goods to a great value wanting. But this man Hern sels his lies at a dearer rate then ever Judas sold Christ. He hath been Judge in this Cause as well as council, and yet continues still of council in it, which he ought not. And as it is well known hath in one and the same cause received Fees on both sides, and so failed and falsified with his Client just at the time of trial. I need not tell him where, and when, and with whom. Let him ask his brother Fountain: and of others he hath taken large fees to attend and pled their cause, but hath never been at the hearing nor done any thing. But this is frequent and usual with all or most of that black Tribe And in this very cause hath he often most andaciously abused the Court with lies and false suggestions of his own forging, and thereby obtained illegal and injust Orders against Adys, without so much as reading the former order according to the course and custom of the Court. Nor was the Speaker it seems so careful, or mindful of Justice, as to call to have them red: But made Orders( as ye before red) upon his bear allegations. Yet who sooner heard then M. hernia? But by this means( as Dimetrius said in another case) they get their wealth * It was well with this land, when every man had the Law at his door, and so it will be then again, and not before. . But it will never be well with this Common-welath, till God sand some strong West-winde, to take away the multitudes of these Locusts out of this Land; as he did the Locusts out of egypt. M. Adys hath since his illegal and injust imprisonment in M. Speakers mercy to M. Adys, after his injustice. the Fleet, petitioned the Master of the rolls but for so much liberty as to go abroad with his Keeper to attend his council and solicit his business; but is most unjustly denied. And by reason of the Speakers evil power and prevalency, Adys his council have all diserted him, and dare not speak or appear in his Cause. Nor can he( though he hath to that purpose petitioned both Justice rolls, and Baron Atkins, who sit at the rolls on the Bench with him) procure a day to be set for councils to be heard on both sides. So that the poor oppressed man( is as M. Peacock and too many others be) quiter hopeless of redress, forasmuch as such notorious oppression and injustice is so palpably tolerated and powerfully upheld in the public ministers of justice, in the face of the whole kingdom, as if they would confront God, and the whole Nation. And it is generally reported( and also apparent) that whatsoever the Master of the rolls Orders or Decrees, be it never so directly contrary to Justice, Truth and Equity, and the course of the Court of Chancery: The rest that fit and are as Iudges or Assistants with him there, dare not alter. O England where is that thy liberty, thou hast shed so much blood and paid so dear for? Thou hadst better have had thy care bored thorough to have lived in servitude with a King thy superior, for ever: then to be enslaved by one or many of the meanest of thy People, thy servants and slaves. For no slavery like unto that, to be a slave, to him that is a slave to himself, because thou servest not th● man onely, but his lusts also. And this at present( dear Country men) is our woe. Thus by this wicked and injust man the Speakers means; is impious Keysar likely to accomplish his unrighteous and cruel ends, and inhuman vow and purpose on honest M. Adys.( viz.) That he will * Note that a prison, 〈◇〉 designed for the 〈◇〉 of the honest and innocent, for this end, B●own clerk of the Lords house, and his confederates, caused Master Pointz alias Morris, and his wife, and mistress Smith her mother, to be injustly imprisoned & Judge Bacon as unjustly denied them a Habeas Corpus; if he was but used as bacon, as some in former times have been, for such like acts, others would tremble and be the more careful to distribute justice to the People. rot both Adys and his wife and children in prison. But know O Speaker, and O Keysar, That though the wicked join hand in hand, yet they shall not go unpunished: Nor doth the Lord forget the afflicted: But when he maketh inquisition for blood( even for the blood as ye, and such as ye be have split, as doubtless he is now in doing) he remembreth them; Psalm 9. 12. And I am confident that the time is at hand, that God will bring all such as ye two be, in the land to justice. Defend yourselves the best you can, and make what friends you can with your unrighteous Mammon. And now is M. Speaker so hardened and heartened in his injustice and wickedness, being protected by certain of an Army( which all the world thought would( according to their professed principles) have long since brought him, and all such putrefied Members, both of Parliament and Kingdom to condign punishment, but quid non pecunia potest?) That not long since, when Ms. Adys went humbly to seek redress of him for her husband; and dealt plainly with him, telling him, that otherwise her husband, would print and publish his wrongs and sufferings to the view of the whole world: He sent her word she might go and learn more manners, or to this effect, and his Gentleman said, that his Master did not care what they could print: and I verily believe the gentleman spake truth: for doubtless his heart is of Iron, and his face is of brass. For his acts of Treason, injustice, violence, covetousness and oppression, are so many and so manifest, that he hath neither sense of shane, fear or conscience. Howsoever I am glad to see him, advanced into the scorners seat: It is an infallible symptom his downfall is not remote. And thus much for this torrent of injustice cast by the Speaker upon M. Adys. Now for another or two special Presidents more of M. Speakers making contrary to Law and equity, and the direct practise of Chancery, and then I will leave him to him that is able to reward him according to his works. M. Bourn, after five years long and tedious svit in Chancery, on the fourth of January 22. Car. R. obtained a Decree M. Da. Bourns case, aged 74. years, against Bromley, and a svit in Chancery for poor 10 l. legacy. under the great Seal, against one Bromley and others, for a Legacy of ten pounds: and the sixth of the said January he served the defendant Bromley legally with the same. Unto which the said Bromley yielded no obedience: but being confident( as it seems) of the Speakers favour, on the 14. of the same month, moveth the Court upon a false suggestion( the plaintiff and his council being absent) that the aforesaid decree might be voided, and the Speaker accordingly granted it, without any Affidavit, Certiticate or proof made of what was suggested: by which means the poor aged plaintiff was, after five years travels, trouble, and cost, for obtaining of this small legacy of ten pound, deprived of the benefit of his Decree, and left to turn the Will about again. But I must confess that with much pain and importunity, and after the plaintiffs expense of above forty shillings more in charges, to prove that which M. Speaker knew right well before to be truth: The Speaker this last term( as I am informed) confirmed the Decree again. Howsoever I pray observe, that he will be injust, though it be in a trifle, even in a poor legacy of 10 l. Sure it is( as the proverb speaks of thieves) to keep his hand in ure. In which it appears, he is one of those the holy Spirit mentions: That will sell the poor for a pair of shoes. There are too many of these amongst our Vulturij Togati: & hear I pray observe: That M. Peacock in his cause produced a Certificate of what he affirmed, and proved it: yet that was by M. Speaker judged extrajudicial: in this cause there is neither Certificate, Affidavit, nor proof made by Bromley, of what is suggested, and yet a Decree under Seal is made null: So ye see that in one cause he rejectes legal proof, under the notion of extrajudicial: because he will not decree the matter according to justice: and in this cause, he wilfully without proof, makes an Order extrajudicial, for the avoiding a decree made according to justice: and thus all our laws, and courses of Court are made by him a mere Nose of wax. M. Corey having bought certain land, and paid 1500 l. for One M. Cor●… s case. it. Being sued again for the money, proved it paid by several witnesses: but when the matter came to a hearing, the depositions taken on Coreys part could not be * An Office well kept, and a honest officer in the mean time. found. Affidavit was made hereof, and it was therefore prayed that the trial might for that time be referred, and time be given for the finding out of the said depositions, or re-examining of witnesses( a request both reasonable and just) but M. Spea. would not grant it: but proceeded at that instant to an hearing, and so decreed the cause against M. Corey. It is no difficulty to whip a man when his breeches are down: nor to kill a man when he is disarmed, or his weapons be taken from him. M. Speaker hath wickedly gotten so many 100000 of pounds, that he valueth not the injustly giving away hundreds of pounds of another mans. And he is of so pious and pitiful a disposition, that he had rather see a man starve and perish, then part with 6 d. to succour & sustain him. I have heard much of the bounty & charitable benevolence of Sir Julius Caesar, sometime Master of the rolls: But never of the least grain of this mans that is now M. notwithstanding the four cardinal offices or places he hath lately had and enjoyed( to wit) Of * The Speaker possessed of four principal office, of the Kingdom at once. Speaker, Commissioner for this great Seal, M. of the rolls, and chancellor of the duchy. The least of which hath been sufficient formerly, for men more honest and honourable then himself; and the least of which is sufficient to take up the whole man,( as the Apostle speaks in another case of any honest, able gifted man in the Kingdom, Could he not( as * 1 Kin. 2. 22. Solomon said to his Mother, when she asked Abishag to be given to Adonijah to wife) have asked the kingdom also? Yet have not all these great things satisfied his insatiable ambition and avarice: but he hath ground the very faces of the poor for profit, and preferred his Son and brothers also( who are as dry trees, and unprofitable burdens as he) to places of no small benefit and eminency, especially his brother Francis who hath the receipt & keeping of all the moneys that are ordered to be brought and paid into the Court of Chancery. And I doubt not but after it is once paid in, his brother will device ways and delays enough to keep it in; that M. Francis may make use of it, while the owners lose the interest of it, so that I hope M. Francis doth not( as I may say) now drive a hagling trade for Lemons & Orrenges only, but a real & substantial trade of a Spanish Merch. But this hath been and is the practise of most Parliament men, to advance their own kindred and alyes onely; though never so insufficient and unworthy, to the most profitable places of the Common-wealth: as if the Kingdom was wholly theirs and at their dispose; or as if they were onely called to raise themselves and their families; when as multitudes more worthy, who have been more faithful, and done better and more deserving service for the republic, than most of them( even to their own ruin) want bread to put in their heads, and means of subsistence. O, the Partiality, inequality, and ingratitude that is in & amongst them! Sure their character will be in time to come: The Treacherous, Covetous, Tyrannous, Injust, deceitful, Ingratefull Parliament. How many of their Commanders, besides multitudes of others who have been destroyed and undone for their sakes, and adventured their lives to keep them in safety, and many of their heads upon their shoulders, have been starved to death. And do at this day beg in the streets, yea, perish( while they ruffle in their silks, and fare every day deliciously, like Dives) for want of their hire which they have so dearly earned? Is not the Souldiers wages the price of their lives? And doth not the Parliament think, that the God of heaven will be avenged for these things? Innumerable sums of moneys yet never accounted for, have been several ways levied and paid throughout the kingdom, under the name of paying the soldiery, but as it appears, never intended or disposed to that use: Besides the millions which have been received by the * More than sufficient of itself, to pay the soldiery. Excise( that illegitimate, upstart imposition, never before known or tolerated in this Land) at first enjoined upon a pretence of an extreme necessity, for the raising of moneys towards the payment of public debts, but now by continuance, and the Peoples Assinine patience, made lawful: and still upon the same pretence of necessity, and paying debts it is continued; but not without cause suspected, that it is principally converted, for the supply of * multa petondibus des●nt multa. such mens necessities, as will be always necessitous, and payment of private debts, not of public. For this is the present principal Paradox: that the kingdom, is every way wrecked, and raled for moneys to pay its debts, contracted since this Parliament, and yet is daily more and more indebted. Notwithstanding all the Excise, Sequestrations, Compositions, Fines, Levies, assessments, Contributions, Donations, customs, the Kings, Queens and Princes Revenues, sale of Bishops Lands &c. Penna quò volas. for there is no end of these things. The Parliaments receipts are like the Seas: but their returns, are like the small rivulets, which suck up all that flows into them. A Barber in S. Martins lane in Middlesex having recovered above Now for an act of the Speakers, as Speaker and a mere Member of the House of Commons. 20 l. damages of an Apothecary in Covent-Gardon for striking his wife with child, by which she miscarried, sued forth his Execution, and thereupon arrested the Apothecary. The Apothecary being taken prevails with the bailiff to go to his own house and at large, upon promise that he would make an end of the business and give satisfaction. But having obtained this favour, he goeth to the Speaker, and obtains his * A protection is granted by the Speaker after the man is taken in execution. protection, and never seeks or goes about to satisfy the Plaintiffs. Whereupon the Bailiffs come to take his body upon the arrest into custody. He then sheweth them his protection, notwithstanding which( forasmuch as it was obtained after they had made their arrest) the Bailiffs carry him away. Hereupon the Apothecary complains to the Speaker, and he sends his Warrant, freeth him, and commits the Bailiffs. The Barbers wife goeth to the Speaker, declares her case, and craves redress. He accordingly sends a Note under his hand, but not subscribed with his Name to the Sheriff to revoke his Protection. At the instant while the woman was at the Sheriffs office with this Note, in comes M. norfolk the Speakers servant, and tells the sheriff that he had not best meddle with the Apothecary * Note, what shilliings there are in all this mans actions. , notwithstanding his Masters Note which the woman brought, for his Masters hand was not to it; and that the Apothecary was his Masters menial servant( a false suggestion) and he would protect him. The woman returns to the Speaker, and tells him what his servant norfolk had done, and that he would do him more dishonour then he would ever do him good. Upon this * Trimtram, according to that, Prov. 29. 12. norfolk arrests the Barber and his wife upon defamation, and lays them up prisoners in the Gate-house, and no less then four Subsidy men would serve for bail. But this was to debar them of liberty, that so by force they might be constrained to submit, to the Speakers will and his, for alas the trespass was not so great. Yet the woman by some means getting liberty to go abroad, solicited the Speaker day by day most impetuously: And nevertheless he remained so unreasonable and injust, that unless the Barber would stand to M. Speakers arbitrement, and take for his damages( the which the Law had before determined) of the Apothecary, what, or as M. Speaker pleased, and would aclowledge that he had wronged M. norfolk and was sorry for it( whereas the Knave had wronged the poor man, and deserved therefore to have been punished) he could not be released. The which the poor oppressed man was glad to do before he could have his liberty. Thus ye see the Speaker is not content onely, not to execute the Law himself in his own place; but that he also punisheth those( as the Bailiffs) that do in theirs. And now judge, ye freeborn Englishmen, if these things be tolerable? And bethink yourselves seriously and timously of a lawful way for remedy: of which God and Nature hath not I am sure left you destitute. Better it is never to be bore, then to live in slavery: Or( as Caesar said in another case) being born, to die at once then to live in a continued misery. Here I could tell you of his causeless imprisoning one of his own maid-servants, and for what cause: and how she died ( as is affirmed, and happily may be in due time proved) of poison, within one month after her release. A sure way( I assure you) to stop any ones mouth, from telling of tales. I strongly suspect,( and the physician affirms it is no less) that there is such another piece of service done by a certain Mephestophiles, upon M. Adys, who is at this time sick and ill in body, by eating of a piece of bread cut and given to him, by a stranger whose face he never saw before then, nor since: who came to him under pretence of friendship to hear and understand his grievances. If he die I doubt not but his blood will be found between two, the Speaker and Keysar. O the sea of innocent blood that is secretly shed by way of imprisonment in this City and Kingdom! To dilate all the impious diabolical acts onely( which I could produce and relate) of this vile man the Speaker and his brother the jailer; who as ye see neither spare nor pity sex, age or degree, would swell this Tract into a Volume, I am confident twice as big; and weary both my spirits to writ, and your patience to red. Therefore I will at present rak no further in the Dung-hill of their corrupt deeds; but leave the world to judge of the rest by these sparkles: Ex ungue Leonem, and so proceed in my sad Story. And now I come, though not post, yet with a sure place to another of the same feather, M. edmond Prideaux Post-master pro tempore of England, and a Member also of the House of Commons. One Sir Stephen Scot now high sheriff of Kent, who was M. Prideaux his shameless injustice in M. Morgans case, and his connivance and compliance with Delinquents. some time a Suggar-Baker, and broken for above 20000 l. and compounded for 10 s. in the pound at most. A way too many Citizens have used, to raise their Estates and Families to greatness. Did irregularly and unduly obtain a Decree in Chancery upon a Plea and Demurrer never over-ruled, against M. George Morgan, for 2066 l. 5 s. ●. d. The which the Lord Keeper Finch, that foul bide, when he rightly understood it, said was a Cheat, and would never seal it. Nor would the Lord Keeper Littleton after him. And these two were in their power, when we supposed, that corruption and injustice was most daring and audacious. Yet this injust Decree our Parliament Member, M. edmond Prideaux( who was chosen and sent to redress injustice, and to reverse all such Decrees) did seal, without hearing the Cause, or knowing wherefore, how, or for what it was, when he was Commissioner for the Broad-Seal. And that upon a prohibited Order obtained by the Plaintiff Scot under * Escot was register, & then at Oxford. Escots hand at Oxford, in May, 1643. contrary to an Ordinance of Parliament, by which all proceedings in any Cause there, were to have been null, and they who went thither to have been punished. Yet our good M. Prideaux was in such Poste-haste, that he would accept that Order for his Authority, and said, He knew it was Charles Escots hand, and he would seal it: and yet this Order is not entered into the Registers Book to this day: honestly resolved. It hath been usual with him in this Cause to accept of Affidavits on Sir Stephens behalf without proof or filing of them, and thereupon to make Orders: and in other Causes when he was not disposed to favour, he hath again refused such Affidavits, and confessed that it was against the course of the Court, and it is true. But here is Will for Law, and Voluntas pro ratione, Is not this Speaker like? And upon this illegal Decree by M. Prideaux onely means, lieth M. Morgan now imprisoned in the Fleet. Yet in August 1643. Scot knowing right well that his Decree was injust, and not by Law maintainable: exhibited a new Bill against Mast. Morgan, for the very things decreed, and by order under Prideauxes own hand Morgan was compelled to put in a full Answer. In this Bill Scot craved a new judgement, and moved his former Decree: But so soon as Morgans council had declared, That Scot waved the said Decree, and desired new judgement. M. Prideaux who sate as Judge, becomes * A course too usual amongst Committee men in hearing causes, where they sit as Judges only. council, and speaks for Scot in the Cause: Saying, It was best for Sir Stephen Scot to dismiss that new Bill, and to hold to his former proceedings, viz. To the said injust Decree which Prideaux had sealed to him: Otherwise at that time had M. Morgan acquit himself, both of the Decree, and his imprisonment, by which he is now ruined. But happily M. Prideaux may before long account that his council very unfortunate, and wish he had left Sir Stephen to have proceeded on his new Bill. When M. Morgan had by Order of M. Prideaux own Order, Note. served 6. aged witnesses to be examined de been esse in this cause, and that some of them were examined, and the rest ready, M. Prideaux recalled and suppressed all the said witnesses, and orders again. And although M. Morgan hath offered by Petition, to prove perjury, subordination of witnesses, bribery, and many other abominable Misdemeanours against Scot in this business. Yet he can have no redress or relief, but is still injustly restrained in prison: as multitudes more, who are merely destroyed by injustice and oppression, be in all Gaols throughout the kingdom. Nor would M. Prideaux admit M. Morgan to speak in his own behalf. His council being by Prideaux over-awed. These are not the tithes of those particulars of the monstrous injustice which Morgan hath received in this very Cause, and is ready upon peril of his life to prove. I could instance you many such like notorious acts of this mans, and how he hath otherwise falsified his trust to the public, and what Delinquents he hath favoured and protected, and doth at this day. And what base exactions and other injust practices he hath countenanced and allowed in his cousin Stobell the Register: but I purpose to hasten, because I will not be over-tedious. And for this cause I shall be enforced to abbreviate, that which I did not intend: but quod defertur non a●… tur. What is not commended to view, I shall have in salvo custodia, ready to bring forth when time serves. M. Cox Merchant, delivered above seven years since, goods * M. Maynard & other, their contempt of law, and injust dealing with one M. Cox, and others. to the value of 1700 l. to one M. George henly a Merchant to be sold by him for M. Cox upon allowance of provision, as amongst Merchants is used. M. Henloy put M. Cox to svit in Chancery for his goods, and pendente light, dies: and leaves M. Maynard his brother in law, now a Member of the House of Commons, and others his Executours. But M. Maynard only as the best able( by virtue of his privilege of Parliament) to defendsuits, and keep off men from their just debts: takes the execution of the Will upon him. M. Cox hath long since served M. Maynard into Chancery, but he will not appear, nor answer: But threatened the man that served the Kings Writ, to lay him by the heels. Nor will he so much as bring in an Inventory of his brother Henlies estate, nor can he be forced to it: thus ye see that privilege of Parliament, the chief end of which is to keep their persons inviolate, that they may the better, make laws, and act justice, is now made a Bulwark and Barrocado, to secure Parliament men from Law and Justice. There are almost twenty persons more, to whom M. henly dyed indebted, that are thus also deceived, by this mans power and privilege, and yet his brother dyed of a plenary estate to satisfy.( as it is affirmed) Others there are also in the House, that have been served with process into Chancery, but cloak themselves under this fair tecture of privilege, and will not appear, or if they do, they say they will take their own time to answer: for they have a privilege, and they will make use of it. But I never heard or red, that it was ordained for such a use: nor is it meet to be tolerated. M. Cox hath also had a Bill of Reviver above these three years depending in Chancery, against M. Maynard, for 88 l. moneys,( besides the goods) proved due to him upon an account by his brother. Nor to this will M. Maynard by any means be brought to answer. The Kings Writ and authority of Law, is to him but as a rush to the stream in a River. For thus hath he kept M. Cox off these four years. If this evil be tolerated, and that a Parliament should be perpetuated( the which God forbid) Parliament men might by this means, in coming to be executors of other mens estates, get the best part of all the estates in the kingdom, in time, into their own hands, and undo all that should be any ways Creditors to the deceased, or that had any right by the deceased retained from them; and it is to be feared, all such Orphans and friends as should have any thing given them, would be also cozened. And what ease or benefit now hath the Subject by the Parliaments late fining Order? That all protections should be taken off of all their ministers and servants, and that if any one had any svit or action at Law against any of their Members, they should upon petition be ordered to appear and give answer, that the plaintiff might proceed at Law against him? Even as much as they have by their late Ordinance, for redress of grievances. All their Ordinances for taking the accounts of the kingdom, and that brave politic, popular Declaration of the 17. of April 1646.( not yet so much as entered upon) concerning their sudden establishment of the Ancient and fundamental Government of the kingdom, and securing the people against all arbitrary Government: All which are mere bulls, and gulls put upon the People, further to infatuate and delude them. But lo, the people see: and the Parliament are blind and will not see, and know the day of their felicity. Now I should come, and so I had in the beginning determined, to declare & demonstrate to you( my dear Countrymen) how all the West, was lost and betrayed by that deceitful, degenerate Earl of Bedford, Hollis, and cowardly, covetous Sir Walter Earl, who when they had cooped up the marquis Hertford, Sir Ralph Hopton, Lord Paulet, colonel Lunsford, Esq; Rogers, and many other principal, able and active men( who proved afterwards chief heads in the Kings Army, and the greatest fire-brands to that Country) with about six or seven hundred others at most, ill, if not altogether unprovided, which five or six hundred of the well-affected of the Country, in Sherborn: and that the Country had entrenched themselves about them, and had of all things sufficient, so that these great heap of prime fire-bals could no ways have escaped their surprisal: withdrew their body upon a false and feigned pretence, at least two miles distance, and so let this Nest of the Eagles birds escape; to the succeeding woe and misery of all the Western parts. But young G. L. Digby, married Bedfords Sister. And how the same man Sir Walter Earl being Commander in chief, at Dorchester in his own Country, and having a sufficient force, and all of things expedient both for defence and offence, plentiful: basely, cowardly, and treacherously ran away, without making either resistance or capitulation, at the reproach of not above four or five hundred of the Kings part before it: by which means they took it, & Weymouth, with the Castle, whereunto a mass of treasure and riches was carried for preservation by the Parliaments friends; the Isle of Portland and the Castle, and Corffe with the Castle, were all at once lost, and the riches therein became a prey to the enemy, to the strengthening of their hands; and all the honest and well affencted in those places and thereabouts to the Parliament and Country, were plundered, spoiled and destroyed. Was M. Fines sentenced to death and that most justly, for delivering up of bristol? Although he made some resistance, did capitulate, and had a potent Army against him? And do Bedford,( Hollis is not extant) and Sir Walter Earl, deserve no pain to be inflicted on them, for all that extreme and uncurable pain they have so basely occasioned to so many thousands? Or is it not equal and just, that their estates should help to repair the losses of such, as by their treachery and cowardice, were destroyed? Hereunto I might add Sir John Merricks traitorous acts and devices at Worcester, Edge-hill, and all along as far as Cornwall: and tell you of the Earl of Warwicks injustice and prohibition of course at Law, unto Captain John del, in his just complaint against one Jackson a Sea Captain, a golden favourite to the said Earl. Of the Lords, Say, Wharton, Roberts, Herbert, Howard, and others within those walls, their uneven, unjust, and secret deceitful wicked ways and works against the public. And to enumerate the many multiplied, vile, injust, fraudulent deeds, and cunning crafty, treacherous wil●ss, and workings of that traitor Barwis( who if he had been hanged when he was first * By M. John Musgrave. accused, carlisle had I believe not now been surprised) Vassal Green, Evelin junior, M. Sam. Brown, the two Vanes, junior and signior, Allen, the Solicitor M. St '. John, with multitudes more, which I could nominate within ●hose unhappy walls. By whose unfaithful and unrighteous doings and dealings with us, this miserable confusion that we are now in, is upon us; would prove but a Herculean labour, and time would fail me to relate, and your spirits faint to red. O England! how doleful is thy condition? I may most justly say of thee, as the Prophet did sometime of Jerusalem? Lamen. 1. 2. Among all thy lovers thou hast none to comfort thee: all thy friends have dealt treacherrusly with thee, they are become thine enemies. Yea, in this is thy sorrow aggravated, That thou art not onely robbed and spoiled of thy wealth and treasure, but of thy laws and liberties also, which are much more precious, and that by those whom thou hast entrusted with whatsoever is dear unto thee. In expectation of return of thine own, with advantage to thy tranquillity: but lo, they have been as a deceitful brook & are at this day no other then as spears in thy sides, and thorns in thine eyes. And thy servants do not onely ride, and thou walk on foot; but they ride and plough deep furrows upon thy back. And yet how long wilt thou slumber and sleep, and like Issachars ass, bow down thy back unto their insupportable burdens, till thou art past help, and wholly destroyed? rouse up thyself like samson. Awake ye free-born people of the Land, and play the men, for your families, and for your Country. Break their bands asunder, and cast their cords from you. Is it not yet enough that they have done unto us? Know ye not yet that ye are slaves? go into Spain, inquire of France, and sand into Turkey and see. And now if any apprehended that I have been in some passages too much passionate. I answer, Whose spirits would not through sense of such things be in some measure provoked? especially when he sees and considers with what a whores fore-head injustice and iniquity confronts all earthly and heavenly power and majesty: and that no placid or private means will work remorse or redress, nay not any diminution or restraint. God who knoweth all hearts, knoweth I have no ill will at any of their persons, nor do envy any of their estates or conditions; I judge my pitiful Cell a greater blessing. Zeal for justice only, and my Countries case, which hath put a fire within my breast, hath happily caused my pen in some places to distil more vinegar then otherwise I should have done: though not more I conceive then is n●edfull. For if my judgement fail not, we stand more in need of corrosives, dismembering S●…, and incision Knives, then of Lenitives, Poultesses and Swadlingcloaths. And now know for certain, O Parliament, and O Army, and all ye Rulers of the Land, that if ye will not set yourselves suddenly in a way to do that which is right in the sight of the Lord of Hosts( before whom ye are but as so many Emmets or Ants) and execute justice and judgement without respect of persons throughout the Kingdom. He will do unto you as he hath done unto the King and his Officers, that would not do justice in their daies: and bring upon you speedy shane and confusion, and all your power, corrupt treasure, and vain glory shall perish with you: and he will raise up others that shall perform all his good purpose, and by whom he will bring deliverance to his people in despite of all opposers? Was it not injustice that first drew these heavy judgements on us? Is it not the continuance and increase thereof, for which Gods hand is still stretched out further, and more heavily against us. For I observe, that as acts of violence, oppression and injustice have been fomented, multiplied and augmented amongst us: So have been our divisions and dissensions, calamities and troubles of all sorts; even until we are swallowed up in them. And doubtless till that God be glorified by ye, O Rulers, in the advancement of Justice, that his most glorious Attribute: by which and Mercy he is more especially, sensibly and apparently visible to the sons of men. His wrath will not cease, nor his judgements be turned from us. And thus have I done for this time with this matter, and these men; and commend all to the serious consideration of my poor afflicted countrymen whose welfare and prosperous state, I as fervently wish as mine own. FINIS. skin for skin, and life for life, if upon an open and free course of justice, I make not the charges here( in effect) and more good, by real proof. If ye be willing and obedient, ye shall eat the good of the Land. But if ye refuse and rebel, ye shall be devoured with the Sword: For the mouth of the Lord hath spoken it, Isa. 1. 19, 20. Let the same mind be in you, that was in Christ Jesus. But if ye bite and devour one another, take heed ye be not consumed one of another, Gal. 5. 15. Errata. PAg. 10. l. 6. for proprotrated r. perpetrated. p. 13. l. 20. for admiration r. admonition. p. 15. l. 3. for messages r. messengers. p. 16. l. 5. for hands r. house. ibid. l. 11. for 12, r. 20. p. 45. l. 21. for Will r. Mill. p. 53. l. 37. for fining r. fawning. p. 54. l. 24. for which r. with. ib. l. 29. for 2, r. 10. ib. l. 37. for reproach r. approach.