Truth's triumph, OR Treachery anatomised, BEING An impartial Discovery of the false, and treacherous information of M. Masterson, pretended Minister of Christ at Shoreditch, against L. C. J. Lilburne, and I. Wildman, at the Lords Bar, January 18. 1647. concerning a meeting of several honest men, in East Smithfield, jan. 17. etc. In relation to which Information, the said L. C. Lilburne stands committed to the Tower, and J. Wildman to the Fleet. WITH A true Narrative of all the Passages and Discourses that passed at the said meeting; as it was delivered at the Bar of the House of Commons, by J. Wildman, jan. 19 1647. Veritas non querit angulos; He that is of God, loveth the light. etc. The Righteous is as bold as a Lyon. JOHN WILDMAN. London Printed for ja. Hornish, Feb. 1. 1647. An impartial Relation of all the passages and discourses at a meeting of some Honest men in East-Smithfield, upon the 17. of this present january, in reference unto which, Lievt. Col. john Lilburn, and Mr. john Wildman stand committed, one to the Tower, and the other to the Fleet. As it was made at the House of Commons Bar on January 19 IN this generation, Dicere quod nolo miserum, quod volo & debeo periculosum, but if I perish I perish. Pereundum in licitis, that man's death is honourable, whose integrity is the sword that slays him. I hope I am no less provided of a safe retreat, than the most adored Grandee of our times, a pillow of peace is prepared in my most contemptible grave, and the gate of that blessed secure Paradise of full communion with the Father is open for me. Et contempsit omnes, ille qui mortem prius; he that contemns Death scorns both hopes, and fears, those only affections which possess men's spirits with baseness or cowardice. Surely he that is no great ginger may judge by the Aspect of the Stars in this Horizon, that this English Air agrees best with the bodies of Chameleons, Parasites, Time servers, & implicit believers, such as change their forms. Toties quoti● annulus vertitur politicus. And therefore it would be a courtesy beyond my enemy's intentions, if they would send me post to a purer Climate. But it may be some will call my Innocence Impudence, and ignobly impute my justification of myself, to my effronted boldness: But if I had regarged the barking of every Cerberus, I had now been deaf. Si sat esset accusasse quis innocens erit; Indeed it's the cry of many Sycophants of our age, that its impudence to question the judgement of Parliament men, but I was never yet persuaded that they all possessed Peter's Chair, or that I was bound to believe my actions to be errors upon their word. Yet I am so devoted to support the AUTHORITY and honour of the Commons in Parliament, that were my single interest only concerned, rather than I would discover one stain of injustice more in the robe of their honour, I would only assert my innocency with a dumb eloquence, manibus ad sydera tensis: But the father's abuse and danger loosened the strings of the dumb child's tongue: There is an envenomed arrow shot by my imprisonment, into the heart of the common cause of my dearest Country, the black cloud of infamy cast upon my name, dishonours the cause which I profess, to maintain and in the consequence may divert well minded men from its prosecution: and beside, the nation hath received no superficial wound by my Arbitrary restraint: There was neither witness nor evidence against me of a Crime, or a legal transgression in the least punctillo: The Informer himself coming face to face at the Commons bar, accused me of nothing in Law Criminal; and yet that I should be disseized of my Liberty, and charged in the warrant with no less than Treasonable practices against the State, whereby my life, credit, and estate, are all endangered, this is a Precedent, whose utmost evil consequence to the freedom, life, and estate of every English man. If I should attempt to demonstrate. I should with the painter that could not express his grief for his daughter. Draw the Curtain. But let me first give you an impartial Narrative of my cause. On Wednesday the 19 of this instant january, I had intelligence as I was walking in Westminster Hall, that I was inquired for by the Sergeant at Arms; thereupon I voluntarily repaired to the House of Commons door, and presently I was called to the bar, and the Speaker asked Mr. Masterson what he had to say against me, to which he answered in words to this effect, viz. That the discourse at the meeting in East-Smithfield was interchangeable, yet this he remembered, that I said some Lords had sent to me the same day of the meeting, to tell me, that they were willing to lay down their privileges of being free from Arrests, and to be subject to the Law, and that they would be content to part with their Legislative and Law-giving power from their Posterities, so that it should not descend to their Heirs, provided they might enjoy it for their own lives. Likewise the Informer said, that at the time of his coming into the meeting, I was speaking about tumults of the poor in Wiltshire. Hereupon the Speaker asked me what I answered to them, and then I spoke to this purpose, if not in so many words. viz. Mr. Speaker, I come not herein reference to this Informer, or what he hath laid to my charge, neither am I here, by virtue of any legal Warrant, for I received none; but I am here only in respect to this Honourable House, to attend its pleasure; but as to this Informer; if that were truth, and a legal Crime which he informs against me, I humbly conceive it comes not under the cognizance * The cognizance of any offence, except the offence of judges, or administrators of justice, doth not originally or in the first place pertain to the Parlia. but information ought to be given to some justice of the peace in the County where the offence is committed that he may proceed according to law, that so in case of injustice or undue proceed the party accused may have his remedy and reparations by Law, whereas if the Parl. take the first notice of any supposed offence and commit any person, he is under an impossibility of reparations in a legal course, what injustice soever he suffers. of th● Honourable House; for I conceive it fare beneath the Authority of this Honourable House to be executers of Law, seeing you are of right the sole Legislators or Lawmakers: but though what this Informer saith against me were a Crime, and did come under the cognizance of this Honourable House; yet I conceive I were not obliged to answer, because there is no legal Accusation, but only a verbal uncertain relation of a discourse at a meeting. I shall here add the proof of this assertion, the Statute of 42. Ed. 3. c. 3. Which saith, It's assented and accorded for the good governance of the Commons, that no man be put to answer without presentment before Justices, or matter of Record, or by due process and writ original according to the old Law of the land. And the Statute of 25. Ed. 3. 64. saith, That no man shall be taken by Petition or suggestion made to the King or his Council (and the Parliament is his grand Council) unless it be by indictment, or presentment of his good and lawful people of the same neighbourhood where such deeds be done, in due manner, or by process made by writ original at the Common Law. See the Stat. of 37. of Ed. 3. c. 18. and Petition of Right Now to proceed I further added these words or the like. Mr. Speaker, I was borne in England, and the Laws and Liberties of the Nation are my Birthright, and I am so tender of those Liberties, that I cannot, I dare not in conscience so fare betray them, as to return answer to this Informer. Yet I own so much respect to this honourable House, that if you shall please to give me freedom of speech and audience, I shall ingeniously and impartially relate the matter of the discourse which passed at the meeting on jan. 17. for which I am accused, with all the circumstances to the best of my remembrances. Hereupon Mr. Speaker commanded me to withdraw, and the House debated whether I should be heard, and within half an hour I was called in again to the Bar, and Mr. Speaker said thus, Mr. Wildman, I am to tell you, that the House commands you to return answer to what Mr. Masterson hath said; unto whom I answered thus. Mr. Speaker, I cannot, I dare not betray my liberty in answering to this Informer, upon the reasons which I have rendered, yet if this honourable House please, I shall make a perfect relation of the business in question, and not being interrupted I proceeded thus. Mr. Speaker it is truth, I was at the meeting in East-Smithfield on Monday last, and as I was informed, the principal occasion was to satisfy some which were not maliciously, but conscientiously scruplous, whether they should any more petition this Honourable House: the reason which was rendered, was, that they had wearied themselves with petitioning, and notwithstanding they had purchased their freedom with their blood, yet all their endeavours were fruitless, and their persons imprisoned and abused for petitioning, and sometimes their Petitions burned. These scruples I endeavoured to answer, first I undertook to prove that it was their duty to employ all their power toward settling the freedoms of the Nation: whosoever (said I) improves not his power to preserve that outward happiness which God hath in mercy given him. he rejects and dispises the goodness of God toward him. Now a man's liberty is a special part of man's earthly happiness, and therefore it's every man's duty to endeavour to his utmost to secure and settle his native freedoms; & otherwise, all the miseries which ensue to any man by the loss: or want of his native liberty, is brought upon himself, and it may be justly said to such, you have destroyed yourselves: Yet further (said I,) its the command of God, that every man should seek the good of his neighbour, and consequently much more the good of the Nation. It's the essential property of the blessed God to communicate of his goodness universally, and no man shows forth any lustre of the image of God in him, unless it be by doing good, and it's made the Character of a man of worth or excellency, or a man approved of God, that he served God in his generation; and so it's said of Cornelius, he was a good man, that is, an useful man in the age wherein he lived: And further (said I,) hath not God commanded us to relieve and help our neighbour's oxen or Asses in any distress, or being sunk down under any burden? and doth he not much more command us to endeavour the relief of the people of our Nation, whose backs are bowed down under their heavy burdens? and wherefore (said I) have God united people into a body or society, or Nation? is't not for this? that every one should be helpful each to other and endeavour one another's good mutually: and if one person may sit still, and suspend all endeavours for the settlement of the Nation, by the same reason another and another may be wholly negligent also, and so throughout the Nation. Further, I endeavoured to convince them, that it was their duty in this juncture of time. Now (said I) the greatest and most portentous evil which threatens sudden destruction to the Nation, is the divisions and distractions which daily increase and abound. And it's the unquestionable duty of every man, to seek for peace and union if it be possible with every man; now it is not possible to effect or procure an union in the Nation, without clearing and securing its freedoms: wherefore (said I) have we contended each with other near seven years? Is it not for justice and freedom? Hath not the King's Partizens pretended that they fought for their laws and liberties? both parties have made the violation of those, the seeming ground of their quarrel, and the securing those the only price of their blood; therefore it's impossible there should be union, unless you discover even to your opposers in particular, what those freedoms, and what those rules of common justice are, for which you have contended. Doubtless (said I) its the ignorance or misunderstanding of one another, that hath made the contention so bloody: if your opposers did understand that what you desire, is as much for their freedom as your own, and that they should enjoy as great an influence of good as yourselves, from those principles of freedom which you desire should be established; that bitterness, malice and hatred which burns now in their hearts against you, would then cease: what hath been their cry (said I) but this, that you know not what you would have, therefore if all of us would desire friendly, loving meetings with our neighbours, and say to them, here is that which we account the price of our blood, the bottom of our desires: had we but this, we should never accounted any thing more worth blood; or the engaging in a new war: I beseech you friends consider whether those our desires concern not you and your Posterities, as much as it concerns us: Let us consider it in love, if this were done (I said) I was confident, our sad distractions would soon cease. And here I added, that I judged it the wisdom of those, whosoever they were, that drew the large Petition, that they inserted no such particular grievances, as might disengage any considerable party, and so continue our distractions: For instance, Tithes are by many conceived to be a heavy burden, yet the removal of them is not desired in the large Petition, because a considerable party in the Kingdom hath much particular interest in them, and the removal of such a particular grievance is not worth blood, or the hazarding of a war, by continuing our divisions. Unto this I added; present necessity did now call upon every man to stir up all his strength in endeavouring such an union of the people in the principles of common right and freedom; I told them that they felt by sad experience, that trading was decayed, and the price of food so excessive, that it would even rend any pitiful heart to hear and see the cries and tears of the poor, who profess they are almost ready to famish, and while our divisions continue, and there be no settlement of the principles of freedom and justice, trading will but more decay every day: Rumours and fears of War, and the Army coming now into the City, makes Merchant's unwilling to trust their goods in the City, and exchange beyond sea falls, and there will be no importing of goods, and then there will be no exporting and so the staple commodities of the Kingdom which maintains the constant trade, will not tend to the advantage of the labourers, and then most of the poor in the Kingdom which live by spinning, carding, etc. will be ready to perish by famine: Upon this occasion I told them what I heard at my Inn at the Sarrazens head in Friday street, viz. that some Clothiers of Wiltshire came in, who professed that trading was so dead, that some of them who set at work formerly a 100 did not now set at work above a dozen or the like, and that the poor did gather together in troops of 10. 20. 30. in the Roads, and seized upon Corn as it was carrying to market, and divided it among themselves before the owner's faces, telling them they could not starve: and hereupon I inserted that in probability a sudden confusion would follow, if a speedy settlement were not procured. But I further told them, that I conceived no other probable way of preventing a new war with the Scots and other foreigners, but by uniting the people in the principles of common right and freedom, wherein all are equally concerned: and I said, I believed it was intended that the large Petition should be sent into all parts of the Kingdom, that if it be possible all might join in those desires. And if God should be so propitious to this Nation, than the Scots would despair of any Partizens or assistants amongst us, and so would be more catious in adventuring to engage in war against us. Now having thus convinced them of the necessity and their duty, to put forth their utmost vigour, in endeavouring the settlement of their freedoms. I also attempted to demonstrate to them, that there was no legal, justifiable way wherein they could seek for their freedoms, or redress of their common grievances, but by petitioning this honourable House. I told them there was no other visible Authority to whom they could seek, or which is entrusted by the people with power to redress their grievances, or to make or repeal Laws, for the vindication, clearing, and securing their native rights and liberties, and therefore their interest was involved and bound up in the interest of this house, and (though some Members of this House, did not as we feared so intent pnblique good as we could wish) yet if this visible authority was not supported and preserved from contempt, a general confusion would follow, and the nation be laid waist & desolate: and by these or words to this effect, the scruples were cleared. After this there was occasion offered accidentally to discourse of the Lords Legislative or lawgiving power, both of the rights, and of the mischieses which have ensued upon their exercise of it, and there I spoke my opinion: I told them I conceived they had no legal right to such a power in making Laws with this Honourable House, and I induced for a proof the Declaration of this House; wherein you have given us a transcription of the King's Oath out of the Records, and aver that the King is sworn to pass and confirm by his authority, such laws as the people shall choose, * See their Rem. of May 26. 1642. book decls. pag. 712. 713. It was but a formality, that laws have been carried to the King, for his assent; for it was wont usually to be done the last day of the Parl. and so his passing the Bills or laws dissolved the Parl. and therefore observe, when the King passed any Bill since this Parl. there is a proviso in the Act that the passing that Bill shall not dissolve the present session of Parl. See a little book of the manner of holding parl. pag. 54, 55. See the Arm. decls. of june 14. 1647 book decls. pag. 43. or as in the old translation. the folks or Commons shall choose; whereby the Lords are totally excluded, from any interest in, or right to the Legislative power, seeing they neither profess themselves to be Commoners personally, or to represent the Commons. And thence I inferred, that it was further evident from that Oath, that the King himself had no right to the Law-making power: for this Honourable House hath asserted and proved, that he hath no legal power to descent: from the laws that you make; & then its irrational to imagine that there need be any assent, or that it should be of any validity: and hence I concluded that there was no colour of the Lords right to that power. They are created Lords solely by the Kings will, and sit by virtue of his patent, and the King himself being not entrusted with any share in that supreme lawgiving power, his patents cannot invest the Lords with that power or trust. And I yet further added, that the law giving power is arbitrary in its own nature, and to estate an arbitrary power in any whatsoever during life, is inconsistent with freedom, and with a just government of a people, by written laws, and renders any * State wheresoever it is, no other than a Tyranny, and the people no better than Vassals: but much more is it incompatible with a shadow of freedom to have such an arbitrary power descend in any Line from Generation to Generation forever. Yea I told them that I conceived this was contrary to the common light of nature, the very end of Government, and the express words of the Scripture. It's said Rom. 13. 4. That the Magistrate is the Minister of God for good, now that implies, that persons which are entrusted with such power, aught to be so qualified and accomplished, that they may be suitable to exercise and improve their power for good, otherwise the very end of Government is subverted. Now how is it possible that there should be any assurance, that a father furnished and completed with all excellencies, shall have an heir endowed with the least ability or capacity of governing? what's more common, then that the wisest Solomon may have an unworthy Rehoboam for his successor? no man can promise that the Lords Sons shall have either so much wisdom or honesty, as to be fi● Subjects of any power, much less of that supreme trust of the Lawgiving power. And as to the evils that have ensued upon the Lords exercise of that Law giving power. I spoke my opinion as freely; I told them, that in reason, their claim to that power, was the occasion of all the innocent blood that hath been split in England. If the Ordinance in Feb. 1642. for settling the Militia of the kingdom, had been put in execution when it was first sent up to the Lords for their concurrence, the King could never have raised an Army; but their assuming to themselves a power with this Honourable House, and then refusing when this Honourable House sent again, and again, and again, to pass that Ordinance; thes etheir delays, and preventions of settling the Militia gave both time and opportunity to the King to raise an Army; and then this Honourable House was compelled for the people's defence to raise an Army also, and engage in war. I might have added, that the Lords did never then consent to that Ordinance until See 1 part. book Decl. pag. 364, 548. Mr. Hollis demanded in a manner the names of those Lords at the bar, which would not concur, and desired that those Lords which would join with the Commons to save the Kingdom, would take some course to discover themselves, and also shown them a Petition to the Commons, desiring that such Lords would sit and vote with them as one entire (c) Body. But this I did add, that we had most sad experience now of late of the dangerous consequence of their claim to that Power, they exposed the Kingdom again to Blood and Confusion by delaying so long to pass those gallant Votes of this Honourable house against the King by that means the people which are discontented at those Votes, have time to ruminate and chew upon their discontents, and the fire of their displeasure hath time to kindle, and no man knows into what flames it may break forth; and therefore I conceive there is no possible means to preserve the Nation from ruin, unless there be speedy acting, and proceed according to the good beginnings of this Honourable House. Some other discourse happened accidentally about the reasons of that sudden Change which appeared in Lieut. General Cromwell, and Commissary General Ireton, that they now declare against any addresses to be made to the King, or received from him, whereas they have pleaded, That they were engaged to preserve the King's person, and establish him in his just Power. Hereupon a story was related by a Gentleman at the Meeting, to which I was an auditor, he said, he had credible information, that a gallant honest Gentleman of the House of Commons, whose father was a Knight, had certain intelligence, That the King had promised Lieutenant General Cromwell, to give a blue Ribbon and a George, and make him Earl of Essex. And that Commissary Ireton, should be either Field-marshal or some such great Officer in Ireland; and that his own Son should be Bod-chamber man to the Prince: And hereupon his Spirit was so moved, that he resolved he would rather become another Felton to Cromwell, then suffer his Country to be betrayed, and all honest men destroyed: And that he had prepared himself with Pistol and Dagger for that purpose, only he revealed his mind to another Member of the Commons House, which dissuaded him from attempting the execution of his purpose; and that Lieutenant General Cromwell had intelligence of this, and presently a Fast or day of Humiliation was called, and so the great change ensued. After this, I spoke my thoughts to this effect; That I knew not what influence any such Circumstances might have upon the spirit of Lieutenant General Cromwell, but I rather conceived that the change was upon this occasion, viz. That the Presbyterian Scots, considering that Lieutenant General Cromwell was no friend to them, and that the King was possessed with deadly hatred against them; and having intelligence, that the King relied upon the Lieutenant General to make his terms for him with this Honourable house, and well weighing the danger to which they were exposed by two such potent Enemies, or rather one such implacable opposer; backed with a potent Army, were enforced in respect to their own preservation to attempt the breaking of that design, and prevent the Kings coming in upon the Armies, or Lieutenant General his interest: thereupon, though they were no real Friends to the King's negative voice, or to his pretended right to the Militia, and would not allow the King in their own Kingdom a negative voice to their Laws in the least Punctilio, nor the least shadow of Power in disposing of their Militia; yet a necessity was upon them to outbid Lieutenant Gen. Cromwell, and to offer both a Negative voice, and a Militia to the King in this Kingdom, That so the King might be induced to cast himself upon them, and presume to come in upon their interest: hereupon the King as he said at Ouburne, accepted his best bargain, and took their proffer who bade most for him; and then the tenders of the Lieutenant General being rejected, he was necessitated to engage with this Honourable house in those Votes, that there should neither any addresses be made further to him, nor any received from him. And when I consider how zealously Commissary General Ireton hath formerly endeavoured the renewing addresses unto the King, and that there should be another manner of address made to him, than was by the Proposions sent to Newcastle, and when he was reflected upon by some of the General Council at Putney, as having occasioned the sense of the Army to be misrepresented to this Honourable house, viz. That it desired a new address to be made to the King; he professed that if he did not think it to be the sense of the Army, he would loathe and abhor the Army and detest to continue with them for a day: When I consider these things, and mind that the same Gentleman should be the first or second man in this Honourable house, which should move that no more addresses should be made to or received from the King, I cannot imagine that this so great a turn should be upon any other than a private interest. After this, one at the meeting moved a Question, viz. Whether it be not needful to frame something speedily to present to the Parliament, to encourage them to proceed according to those good Votes against the King, late passed, the rather, because the large Petition will be a long time before it be presented. Unto this I answered, That I conceived the large Petition contained those Principles upon which this Honourable house must proceed in case those late Votes be prosecuted, and doubtless that Petition is known to be abroad by every active Member of this Honourable house, and in case the people shall freely join in that Petition, it will more strengthen their hands in their effectual proceed according to the late Votes, than any Paper subscribed only with Three or four or 5000 Men. Some other contingent discourse passed and something like to that which this Informer falsely avers to be spoken by me, was spoken by another Gentleman in the meeting, viz. He said, that some which were near to some Lords had been that day with me, and toled me that some Lords were willing that their Legislative Power which they exercise should not descend to their Posterities as an inheritance, that they could freely part with their Privilege or Freedom from Arrests and be subject to the Law, to be compelled as others may in case of default to pay their * This was the only thing which Mr. Masterson informed against me to my face at the house of Common● Bar, which if it were true, were no crime, yet the thing is false as to me, being not spoken by me. Debts. One passage more I remember I heard from some in the meeting, viz. That the large Petition did cost money for the Printing, and whosoever pleased might contribute either Twopences, 6. d. or 12. d. toward the charges that were incident to Printing and dispersing. This is the sum and effect of what I spoke at the House of Commons bar and I could not then remember any other material passage in discourse, or any other considerable circumstance at the meeting; yet by recollecting my thoughts I remember a passage or two more, viz. One at the meeting inquired of L. Colonel Lilburne, whether there was any truth in the rumour, that the Lords had sent to him to offer him 3000. l. to desist the promotion of the c This qu● the informer changed to an affirmation with a large addition, averring that L. C. Lilburne should say, that the Lords had offered him 3000 pounds to desist from promoting the large Petition. large Petition; but Lieut. Colonel Lilburne answered, That it was a false groundless report, neither did he imagine what should be the original or occasion of that rumour, unless it were this; That a Lord sent to him in relation to his particular business, to tell him, that he conceived he suffered much want and hardship by the Lords, and that he could not but be reduced to a necessitous condition by his Imprisonment; and therefore he had a considerable token for him if he thought it would be accepted as love, and not despised: to this said he, I answered, that any favour could not but be an engagement to an ingenious spirit to serve the Donor, and that he would not be engaged to any Pattentee Lord who claimed a right to the Law-giving Power, by virtue of a Patent from the King; but if that Lord would reject his Patentee Lordship, and be content to be chosen by his Country as a Knight of the Shire, he should then accept the smallest token of his Love, if it were but five shillings. One thing more comes to my mind, viz. Lieut. Colonel Lilburne speaking of the necessity of uniting all sorts of people in the Principles of Freedom, which are of common concernment, and that he conceived there was no other possible way to prevent confusion; he added, that if God should not suffer it to be prevented, yet in a general confusion he was confident, that those who should be known to have promoted the Large Petition, which equally concerned the good of all men should be more safe than he that should wear a blue Ribbon in his f This I hear the Informer turned thus, that L. C. Lilburne should say, That he intended to raise the People, and that his friends should have the Large Petition in their hands and blue Ribbons in their Hats. Hat. Courteous Reader, thou hast now the impartial narrative of all the Passages of that meeting, where the common bruit of the unworthy Pamphletiers say, such a dangerous Design was laid; I wish the most piercing Eagle-eye would make the exactest search into all my discourse, and demeanours in this business, and discover to me an erratum according to the rigour of the Law or Justice, even in the least Punctilio. The Informer charged me with no colourable crime, though whatsoever he said to my face had been true in every punctum; and as for Witnesses none were called or examined (though the Diurnal man's Pen could bear no true ink in that particular) yet those two Persons whom the informer brought as pretended Witnesses, confessed as I can prove by Oath; That there was nothing spoken at the Meeting for which I am accused, but what rended to advance the Parliaments honour, or words to that effect. But upon what invisible grounds I know not, in the Evening this ensuing Order passed the House. Diae Mercurii 19 Januar. 1647. IT's this day resolved upon the Qnestion by the Commons in Parliament assembled, That Mr. john Wildman be Committed to the Fleet in Order to his trial according to Law, for treasonable and seditious Practices against the State. Hen. Elsinge Cler. Parl. Dom. Com. In prosecution of this Order Mr. Speaker issued forth to the Sergeant at Arms this ensuing Warrant. BY virtue of an Order of the House of Commons, these are to require you to receive from the Sergeant at Arms, or his Deputy, the body of Mr. John Wildman into the Prison of the Fleet, London; and him there to detain in safe Custody as your Prisoner in order to his trial according to Law, for treasonable and seditious Practices against the State, until the pleasure of the House be further signified. And for so doing this shall be your Warrant. Dat. 19 january, 1647. WILLIAM LENTHALI, Speaker. The Sergeant at Arms sending this warrant, I refused to serrender my Liberty unless he would force it from me because I conceived the warrant to be illegal; and upon the same account, I refused also the next day, until force was brought: though then that clause, until the pleasure of the House be further signified, was expnnged: and then I told them that if Thiefs meet me upon Newmarket Heath and will have my Purse, if they be too strong for me: I judge it wisdom to surrender my Purse, rather than hazard my life; and I protest here I yield to you my Liberty upon the same reason only. Now lest this my deportment, should be matter of offence to any, or scandal to myself, as if I slighted that supreme Authority of Parliament, which I have so vigorusly contended to maintain; I shall give a faithful account of the reason of my demeanour. First, there was no shadow of a Legal crime; not so much as a misdemeanour objected to my face against me by the informer: and to this I may add, that though the information had been of something criminal, yet being only a verbal, uncertain information, or suggestion, its contrary to Magna Charta, to the Stat. of 5. Ed. 3. 9 2 of Ed. 3. 4, 28. Ed. 3. 3. 42. Ed. 3. 3. that my Liberty should be taken from me upon that ground only, and hereupon I desired on Thursday, the 20 of jan. only somuch favour, as to be heard speak for myself in this particular. Secondly, Suppose a crime had been objected against me, yet the warrant for my commitment was wholly illegal. Let me not be mistaken, as if I intended to bond the power and jurisdiction of Parliament any further, then common equity and reason limits them, which is naturally implied, and supposed to be a Law to Legislators, even from that annallogy, which all bodies politic hold with the natural, whence all governor's and governments borrow a proportionable respect; hence I conceive that an act of parliament against common right or reason, or repugnant, or impossible, to be performed, is null and void in itself: as supposing an act of Parliament should be made to constitute a man judge in his own case, it were void in itself, and I judge this to be the ground of executing that exemplary justice upon Empson, and Dudley, for putting in execution that Act of Parliament in the 11 of Hen. 7. C. 3. that Act of Parliament was against common equity and reason, the words are these, be it enacted that the justices of the Assizes, and justices of the peace upon information for the King, before them to be made, have full power and Authority by their discretion to hear and determine all offences and contempts, etc. g See Cooks Instit. 4. part. pag. 40. First, here the justices were authorised to proceed upon information, without any indictment; second, to judge by their discretion and not according to the Law and custom of England, as all proceed ought to be, now this being against common right and reason, the Act was null and void in itself, and Empson, and Dudley, justices, died justly, for what they did according to this Act, as though there had been no such Act. Nevertheless I conceive the maxim that this Parliament declared in their Remonstranee of May 26. 1642 book decls. p. 281. stands impregnable, viz. that those which shall guide themselves by the judgement of Parliament, aught whatsoever happen to be secure and free from all account and penalties; but it is naturally, and necessarily supposed, that the judgement of Parliament cannot be against common equity or reason: as when the Law made it petty treason for a servant to kill his master, it was not made such a heinous crime for a child to kill his father; the reason was, because the Law supposed it to be a thing so abhorred of nature, that such a fact would never be committed and likewise it's not to be supposed that the judgement of Parliament should be contrary to common reason or equity, and therefore such limitations are not expressed in any maxims relating to the power of Parliaments; yet they are necessarily implied: but I believe the freedoms of this Nation will never be secure until the extent of the power and trust of the people's representatives, and the people's reservations to themselves be clearly declared; This I speak in reference to their legislative power, of which only I conceive that maxim in the Law concerning the Parliament is to be understood, viz. Leges latent in ●ectoribus, the Laws are hidden in the Parliaments breasts. But as to the Parliaments power in executing Laws, upon such offenders as do properly and originally come under their cognizance, in my humble opinion they are obliged to proceed in the legal and ordinary way of putting the Laws in execution, this Sr. Edw. Cook, 4 part instit. p. 3●. expressly affirms; saith he; Where by order of Law a man cannot be ●●tainted of high treason, unless the offence be in Law high treason, he ought not to be attainted by general words of high treason by authority of Parliament, but the high treason ought to be specially expressed. And when King Hen. eight, enquired of the chief justices, whether a man that was (h) See Cook, instit. 4. part. 137. forth coming, aught to be attained of high treason by Parliament, and never called to his answer? the judges answered, that the high Court of Parliament ought to give examples to inferior Courts in proceeding according to justice; no inferior Court could do the like. Let their judgement be duly observed, they said no inferior Court could so proceed, and therefore muchless the Parliament; who ought so to observe the Laws and rules of justice, as to be patterns of justice to other Courts, and the rather, because from them there is no appeal; so that the argument is a minor ad majus. Indeed the high Court of Parliament hath a power of declaring the Law in particular cases, before them; and they say they have not claimed it nor exercised it otherwise, to be obligatory as a Judicial declaration of the Law i See the Parlm. Rem. of May 26 1 part book de. p. 721. but observe: this power is to be exercised about Laws which may be taken by way of consequence, equity or construction, not about penal declarative Laws; such must be taken by the letter, only; otherwise they should imply a contradiction to themselves, and be no more declarative Laws but Laws of construction or constitutive; so that this their judicial power in declaring Laws, exempts them not from an obligation to proceed according to Law, in executing any penal declarative Laws; such as are the Laws against treason, etc. But the Parliaments Legislative power hath its exercise in this case; they may repeal any penal declarative Law, or enact any new Law, declaring what shall be treason or petty treason, etc. But every supposed offender ought to enjoy the benefit of any Law which was unrepealed at the time, of his supposed offence; neither can any Law enacted after the imagined crime of any man, be the rule by which such a criminal person shall be tried or judged, Rom. 4. the script. saith expressly, Where there is no law, there is no transgression; and I may say further, where the Law is not declared it binds not, nor can any man justly suffer any punishment for the breach of such a law; It's a known maxim of the Law, de non existontibus et non apparentibus eadem est ratio, there is no difference between Laws not made, and Laws not declared; and therefore of old all the Acts made by any Parliament, were by the Sheriff of every County of England, Proclaimed and published in all places through his Bayliwick, and the Kings writ issued forth to every Sheriff to that purpose. k See Cooks instit 4 par. c. 1, p, 16, Now I conceive I may conclude that the Parliament ought to proceed in the ordinary, legal, way of executing at least the penal laws: and if it were otherwise, their were no law in England during the setting of Parliaments: for if the Laws which bind to such and such manner of ●roceedings be not obligatory to the Parliament, than no other Laws, which declares offences, and the penalty of offenders, are binding; and consequently, the Liberty, estate and life of every man is subject to there absolute wills● nay should it be granted, that the Parliament may proceed against, and imprison, try, judge, or censure supposed offenders, contrary to the kowne laws and the ordinary proceed therein, all the people are the worst of vassals in the time of Parliament, being in effect without a Law, whereby to put a difference between good and evil, between just and unjust: and yet being in danger of the loss of estates, Liberties, & lives, for doing what they conceive most purely just, in case others shall judge it unjust; It's the Law which is the safeguard, the custody of all private interests: the estates, Liberties, and lives of all are in the keeping of the Law. And therefore the Parliament in their Rem. of May 26. 1642. 1 book of decls. p. 693. justly testifies an indignation in their spirits against that scandal which Reader observe that cases of necessity in time of war are always to be excepted necessity dissolves all Laws and such cases proceeding must be arbitrary. the King cast upon them, viz. that they disposed of all the subjects lives and fortunes by their own votes, contrary to the known law of the land: upon these grounds I hope I may say without offence, that the warrant was illegal, and the illegality was not in a punctilio but in the principle clause, for there is no particular crime expressed in it●, and Sr. Edw. Cook, in the second part of institute, saith its the special thing required by act of Parliament to make a Mittimus legal; that the cause be expressed with such convenient certainty as it may appear judicially that the offence requires such a judgement, as in case a person be committed for high treason: it's not sufficient that it be expressed in the Mittimus for high treason, but it must be more particularly for high treason against the person of the King; or for counterfeiting the broad seal, or the money of the King &c and in case it be for petty treason, it ought to be declared in the Mittimus as for the death of A. B. his Master, and so for felony for the death that, C. B. or for stealing a horse, etc. and it's to be observed that an indictmeut ought to rehearse the effect of the Mittimus, which directly proveth, that the cause in such a general certainty ought to be showed, read Cooks exposition of Magna Charta 29 for further satisfaction: and that of Festus in Act. 25. 26, 27. is worth observation that he sought for some certain thing against Paul to insert into his Mittimus, whereby he should be sent to Cesar, for (saith he) it seems to me unreasonable to send a prisoner and not withal to signify the crimes laid against him. And I cannot but imagine that the Parliament proceeded upon this ground in refusing to imprison such as have been accused in general, of high treason, doubtless, with Festus, they judged it unreasonable to ● disseise any man man of his Liberty without such a particular crime probably at least objected against him, as evidently requires such a judgement; Thus when the King's Attourny General exhibited Articles of high Treason against Mr. Hollis, Mr. Pim, Mr. Hampden, Mr. Stroud, and Sir Arthur Has●eridgo, they Petitioned the l See 1. par. book Decl. pag 52. 65, 67. King twice to discover what proof of those Articles were against them, before any proceed were to be against them; and in a third Petition m See 1 part book Decl. pag 77. they have these words; Whereas by the express Laws and Statutes of this Realm, that is to say, by two Acts of Parliament, the one made in the 37, and the other in the 38 of Edw. the 3. If any whatsoever make suggestion to the King of any Crime, committed by another; the same Person ought to be sent with the suggestion before the Chancellor, or Keeper of the Great Seal, Treasurer, and the Grand Council, there to find surety to pursue his suggestion; which if he cannot prove, he is to be Imprisoned until he hath satified the Party accused of his damages and slander, and made fine and Ransom to the King. And lest it should be said, That this concerns only Suggestors made against any to the King himself; It's said in the Statute of the 25 of Edw. 3. Chap. 4. That no man shall be taken by Petition or suggestion made to the King, or his Council, etc. And I am sure the word Council, includes the Parliament; And lest it should be said, that there ought to be Particular matter, and probable proofs offered before the Imprisonment of the Members of Parliament: But it's a Privilege peculiar to them: the Parliament hath declared as much in the case of other Persons, viz. When the King about january, 1642. in answer to the City Petition, desired that Alderman Penington, Alderman Foulk, Colonel Venus, and Colonel Manwaring, might be Committed to safe custody as guilty of high Treason, that they might be proceeded against by the course of the n See 1. p. book Decl. pag. ●40, 841. Law, Mr. Pim declared to the City by the Command of both Houses, and as their Sense, that It's against the rules of justice, that any man should be Imprisoned upon a general charge, when no Particulars are o See 1 par. book Decl. pag 845. proved against them. And besides the Privilege of Parliament men objected, extends not to Treason, Felony, or breach of the Peace; but in such cases any Member of Parliament may be Arrested by any minister of justice, to the intent he may be brought to Parliament, Corpus cum causa, and also detained in safe custody till such time, See 1. part. book Decl. pag. 723, 724; and therefore the Case is generally inclusive, and to that purpose most excellent are the Parliaments words in their Declaration of May 19 1642. 1. p. book Decl. pag. 201. We conceive it a heinous Crime against the Law of nature, against the rules of justice, that innocent men should be charged with so high an offence as Treason in the face of the highest judicatory of the Kingdom, without witness, without evidence, without all possibility of reparation in a Legal course. ☞ Reader take notice, that the single Informer against me, produced neither Witness nor evidence of what he said, and I am left without all possibility of reparations in a legal way; because the Parliament hath taken the first cognizance of my supposed crime and in stead of a justice of Peace committed me to Prison. And doubtless upon the same ground the Parliament refused to suspend from the House, ●d much more to imprison the 11 Members accused by the Army, though 5. Articles p See the book of the Arm. decls. pag, 47, 48. 49. were ●en in against them, v●z. 1. That they had endeavoured to overthrow the rights of the Subject in ●rary ways, and to delay and obstruct justice. 2. That they had deluded, surprised, and abused 〈◊〉 House to provoke the Army to distempers, and re●and the relief of Jreland. 3. That they endea●red the pulling the Army in pieces, to the danger of the Kingdom's peace. 4. That they had en●voured to raise forces, to list, and procure to be listed, Officers and Soldiers without the authority 〈◊〉 Parliament, to embroil the kingdom in blood, for their own desperate designs. 5. That they had ●vited and ab●tted tumul●ous Reformado Officers to assemble at Westminster, to offer violence to, 〈◊〉 enforce the Parliament. The House voted and declared about the 25. of June after the ex●biting this charge: that by the Laws of the Land, no judgement could be given to suspend those 〈◊〉. Members from sitting in the House before particulars were produced and proofs made. q See the Manifesto of the Army from Uxbridge june 27. upon these Votes book decls. pag. 70. I have thus enlarged my discourse of this particular, to satisfy all men that my desire of a 〈◊〉 warrant or commitment was grounded upon the Parliaments own Declarations, as well a●●aw, and that malice itself might not dare to adjudge me for that humble and peaceable desire, 〈◊〉 contemner of the authority of Parliament, for the preservation of which I shall run ●ch manifold hazards. Neither was there any necessity to speak thus much in relation to what Mr. Masterson informed against me. For he accused me of no crime, unless it be a crime to relate to honest ●n, what I heard of the tumu●uo●snesse of the poor in Wiltshire, or to tell them what I ●ard some Lords were willing to condescend to, in relation to their privileges and their ●gislative power, though this latter was fal●e and not spoken by me. Now if any shall inquire how an order passed the House to commit me for treasonable and ●ious practices against the State, I must return an Jgnoramus: it's transcendently above the ●sphere of my understanding. But least the grisly aspect of such horrid words seeming to relate to some monstrous crimes, ●ould ●ffright or amaze my friends, I shall give them a brief account of treason, which yet is ●laid to my charge, & what it is in law, and I shall not trifle about the derivation of the ●ord, as from Trahir, treacherously to betray, etc. All offences which are treason, are comprehended literally and expressly in the Stat of 25. 〈◊〉 Edw. 3. c. 2. And this Statute hath been confirmed, and more honour given to it by Par●ments, then to any other except Magna Charta: as the Stat. of the 1. Hen. 4. c. 10. Re●ing, that whereas at a Parliament holden 21. R. 2. divers pains of Treason were ordained 〈◊〉 Statute, in so much, as there was no man did know how to behave himself to do, speak, ●say, for doubt of such pains. It's enacted by the King the Lords and Commons, that in no ●me to come, any treason be adjudged of, otherwise than it was ordained by the Stat of 25. ●d. 3. c. 2. and the Stat. of 1. Ed. 6. c. 12. and 1. M●. Ch. 1. Sess 1. Now all the offences which are contained in that Stat. of 25. Ed. 3. may be divided into six Classes, the first concerneth death, which is either a compass or imagining the death of the King, Queen, or Prince, and declaring the same by some Covert deed, or a kill and murdering some Officer of ●stice in their places, doing their offices, as the Chancellor, Treasurer, Justices of the one ●ench and of the other, Justices in O●re, &c The 2. kind of Treason, is the violation of, or carnal knowing of the Queen, the King's eldest daughter, or the Prince's wife. The 3 is, levy●g war against the King. The 4. is, adhering to the King's enemies, within the Realm or without, and declaring the same by Court Act. The 5. is, counterfeiting the great Seal, the ●ivie Seal, the King's coin. The 6. is, bringing into the Realm counterfeit money to the likeness of the King's coin. Now unless an offence be within one of these Classes or heads its 〈◊〉 high treason. See Cooks 3. part, inst. pag. 3. 4. But let the Reader observe, that the King in this statute, is taken in hispolitick capacity as he is a man, there is no treason can be committed against him, but only as he is a person trusted with such high authority, and so th● levying war against the Laws and authority of the King, is a levying war against th● King, r See the Parl. Rem. of May 26 book decls. pag. 727. though it be not against his person, yea, though those who levy the war, have th● personal command of the King for it. This Stat. provided sufficiently, that the people should have a clear rule whereby to measure their actions in case of treason, so as to be secure from the Judge's malice or injustice, th● words are positive and exclusive, as to them, that they shall not judge any thing treason, which 〈◊〉 not specified in this Act, the word specified is to be observed, which is as much as to say particularised, or set down particularly. But the saluo, that the Judges in case of any Act, not particularised and supposed to be treason, should defer judgement, and transfer the case to the King and Parliament who might declare it treason. This made the rule of the people's actions, as to Parliaments to be wholly uncertain, this saluo was like a drawn sword hanging over every man's head by the slender thre● of a consequence or illation. And by this divers were condemned by the King and Parliament a● Traitors, which could not have been condemned by the Statute, one was transferred from th● King's Bench to the Parliament in the 8. of Rich. the 2. and his fact was adjudged treason and in the 11. of the same King Rich. 2. the Duke of Jreland, and Nevil Arch Bishop of Yor● were impeached of treason by Gloucester, Arundel, and Warwick, and though their facts wer● not treason by the Statute; yet by virtue of the saluo they were convicted of treason, and i● the 21. of Rich. 2. the King and Parliament reversed that sentence, and by the same salu● those three Noble men their accusers were adjudged Traitors, and in the 10. of Hen. 4. h● successor, that revocation of the sentence against the Duke of Jreland and Nevell which wa● in the 21. of Rich. 2. was again repealed, and the sentence against them, in the 11. of R. 〈◊〉 was established, thus by this uncertain proviso, treason was tossed to and fro, and no ma● knew when he was safe, because the rule of their actions were uncertain, according to the o● maxim, misera servitas ubi ius est vagum et ●ncertam. But in the Parliament of the 1. H. a petition was preferred to have Treason limited with● in some statute, because they knew not what to speak, nor what to do; lest it be adjudged treason, and hereupon was that statute made of the 1. of H. 4. c. 10. whereby that uncertain proviso was repealed, and it was enacted that in times to come, nothing should be esteemed treason; but what was literally contained in the Statute of 25. E. 3. c. 2. And in the 1. of Ma. S● 1. this was confirmed that nothing should be adjudged high Treason, petty Treason, 〈◊〉 Misprision of Treason, but what was declared and expressed in the 25. of Ed. 3. c. 2. This wo● expressed saith Cook 3. part instit. p. 24. excludedeth all implications or inferences whatsoever, See Cooks 3. part instit. p. 9 Now nihill relictum est arbitrio iudicis neque parliamenti, there is no constructive nor interpretative treason by arguments, a minori ad maius, or a simili, either from the like fact, 〈◊〉 from the lesser to the greater. Neither is there any intentional treason, saving against th● King's life. If persons should conspire to levy War, it were no treason, for by the Statu● there must be levying war in facto, actually before it be treason. Now in my humble opinion, the King by consequence or influence cannot justly declare the act of any man to be treason according to this statute, unless it be contained in the express letter thereof, and I humbly offer these reasons. 1. This Statute is a declarative Law, and should it be taken by equity, or construction th● implies a contradiction. 2. This is a penal law, and such can admit of no construction or i●ferences. Penalties are to persuade to the keeping of known laws, not of Law's coniectura● ambiguous, and to be taken by consequence, which perhaps the most learned Lawyers may n● imagine to be intended by them, and much less the people. Doubtless they are to concer● that in case they obey the statutes according to the Letter, they are not liable to any penal● And I find that the Parliameut in the 13. of Eliz. did exactly observe this law, that nothing should by virtue of the statute be interpretative treason. They might have very plausibly have impeached those of treason which brought the Pope's Bulls from Rome to stir up the people to mutiny and rebellion, and to take away the Queen's life, but this fact was not contained in the preceding statute, and therefore the persons not justly guilty of treason, seeing they transgtessed no declarative law, & yet that Parliament declared it to be treason for the time to come, during the Queen's life, for any person to bring such Bulls from Rome to stir up the people to mutiny. Thus every Parliament may declare what crimes they please to be treason, but by common reason or light of nature, those statutes must refer only to future obedience; a real crime committed before the making of a statute cannot be a breach of that statute because it was not extant, in rerum natura. Now let honest hearts (which I understand be too many) that are troubled at my restraint, upon pretence of treasonable practices, set them I say, be satisfied from their own reason. Let them judge whether a loving peaceable discourse with honest men at a meeting to which I was invited, wherein the sole purpose and intent of our hearts was to unite all well minded people in matters of common concernment, that the distractions of the nation might be healed, and those clouds of blood diverted, which are now impending. In which discourse it was laid down as the principle maxim, that the authority of the Commons in Parliament must be preserved and freed from contempt. Whether this discourse I say can be either by the letter of the law treasonable, or by construction, if that should be admitted, and malice itself made Judge. Quest. But some may yet inquire, whether I cannot imagine for what crime the Parliament should suspect me? Answer. I must profess, I reckon their restraining my person inter arcanu imperij, amongst the mysteries of state, and its opus Herculium, a work for Hercules in my opinion to find the suspected Crime, yet I have ercted in myself a new Jnquisitiou office, for that purpose, and I shall give you a copy of some of the examinations taken. Interro. 1 Were not you suspected for promoting the large petition. Answer. This was not objected against me by the informer, neither could it be said, that I had either subscribed, or procured any to subscribe it: but suppose I had gained 10000 subsribers to that Petition, doubtless Petioners cannot be found in the Parliaments catalogue of sinners, sure I am, I have seen their names in red Characters, for Saints in their Calendar; in the year 1642. when the Lords would not concur in the Ordinance for settling the Militia, the Petitioners of Surrey and Hartford shire, which in effect, desired leave to protest against those Lords which would not agree to the votes of the Commons, those Petioners, I say were accounted amongst not the lowest order of England's worthies, and many thousands of poor about London, which petitioned against the Malignant faction, and desired, that those Peers which concurred with the Commons in their happy votes, night be desired, to sit and vote with the Commons as one entire body, though the language of the petition was threatening, saying they should be enforced to lay hold on the next remedy, which was at hand, to remove the disturbers of their peace, etc. these Petitioners were accounted gallant English Champions, and their petitions sent by the Commons to the Lords at a conference, and such Constables were checked, as attempted to disturb the people which met in great multitudes to subscribe petitions against things established by law, and a Justice of the peace committed to the See 1. part book decls. ●p●ge 547, 548. Tower for executing a warrant from the Lords, for setting watches under pretence of avoiding Tumults, to hinder the people's resorting in great mnltitudes, to the House to prefer petitions, t See first book decls. pag. 532. yea the Lords and Commons both in their Remon. of May 26. 1642. acknowledged it to be their duty, to receive petitions, these are the words; we acknowledge, that we have received petitions for the removal of things established by law, and we must say, and all that know what belong to the course and practise of Parliaments, will say, that we AUGHT to do so, u See first parr book dec. p. 720. and upon the late London petition in Novem. last the Commons declared, that it was the people● right to petition, and their right to judge of Petitions, whence it is clearly to be inferred that it is the people's right to petition, for whatsoever seems good to them though it be really evil, otherwise it were not the Parliaments right to judge of their petitions, certainly it is not the Parliaments right to walk contrary to common equity, or to reject the good desires of the people promoted questionless, the Arms eye could not with patience read in the petitions of the bill of scandalous sinners, An order to suppress a petition, was the first and the greatest grievance w See the represen. of the Armies grievances the decls. of june 14. & Rem. of june 23. of the Army, the principal ground whereupon they undertook to oppose, & encounter with the Parliament, the prejudging petitions, & abusing petitioners was a principle● article in the impeachment of the 11. Members. And in their Remon. of Inn 23. book decls. p. 60. speaking of the Parliaments order to suppress their petitions, and the declaration against those which should proceed in it● they have these words; that such proceed against the Army and others i. e. Lodnon Petitioners do carry with them such a face of injustice, arbitrariness oppression and tyranny (as we think) is no● to be paral●ld in any former proceed of the most arbitrary Court against any private men, bu● have brought insufferable dishonour upon the Parliament (which we are, and others ought to be sensible x See the 6. of the charge book decls. pag. 83. of) hath tended to disoblige all men from the same, and to destroy all just freedom both of Soldiers and Subjects: without controversy, the promoting a petition cannot be my supposed crimes I may take up the Parliaments own words, with an addition, in the 3 Rem. May 26. 1642. book decls. p. 281. viz. that those that shall guide themselves by the judgement of Parliament 〈◊〉 and the Army also) ought whatever happens to be secure, and free from all accounts, and penalties, upon the grounds of equity of the Stat. of the 11. of Hen. 7. chap. 1. Interro. 2 But might there not be suspicion that you would have raised tumults. Answer. All which the Informer said against me at the bar, were no premises from whence such a conclusion could be inferred, but let my relation of the discourse at the meeting be observed: was not the prevention of Tumult● the main principally in my eye? was it not the Centre wherein all the lines of my discourse were terminated? was it not for that end, that I pleaded so strongly, the necessity of preserving the visible authority of the Commons in Parliament from contempt? was it not to that Intent, that I exhorted the people, to endeavour the union, of all well minded People, and healing divisions? Certainly he must come from the Antipodes or look through a Magic Glass, that shall judge such Discourses or Endeavours to occasion Tumults. Intetro. 3 But might you not be suspected for undermining the Lords lawgiving power. Answer. My discourse was no other, than a paraphrase upon the Parliaments own declaration of May 26. 1642. which declared in effect that according to the King's oath, neither the King nor Lords had a right or liberty of dissenting from the Laws, which the Commons shall choose; and by consequence their assent is of no validity, and while the Parliaments words are my text, and my conclusion rightly inferred: they are my guide, and so I am free from account, ●ut however there is neither Law nor equity, which renders me accountable for speaking my opinion o● the people's native freedom, and of the encroachments upon it. To conclude I must profess that upon the most rigid examination of myself, I am not conscious to myself ● in the present matters any transgression of the law of God or Man, in the least punctilio neither in action or intention, unless it be a crime that I was too solicitous for the welfare of the commonwealth even to the total neglect of my private occasions, or unless it be a crime to extend my utmost powers, to prevent the imminent danger of confusion to the whole nation, or to unite the people in the common principles of spiritual and civil freedom, or unless I mistook the means to these happy end, which I conceived was to support and preserve from contempt, the authority of the Commons in Parliament. Yet if any Eagle eye can discover an erratum in my actions, or intentions, let him reprove me sharply, and those 〈◊〉 Hic merus abenenus est. words of reproof shall be as precious ointment, and until than I shall persist in my opinion, that it is the duty of every one which is faithful to God and his Country, to endeavour the union of the people in desires of immediate setlement of the foundations of common freedom, for the consciences and estates of all men equally, this only can prevent the insinuations of the Royal and Episcopal party and prove a bulwark within a wall ●brasse about the Nation. FINIS.