<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2012-06-27</DATE>
<RESPSTMT>
<NAME>Jayanthi Reddy</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Checklist: xAdd TEMPHEAD, change DATE, validate xReview over structure: FRONT,BODY, BACK, DIV or rarely GROUP xAdd DIV TYPEs, make sure that @types makes sense as a navigational aide, and work in the context of the whole text, validate xSurvey book for troublesome formats of all kinds, including lists, illustrations, tables, music, math, end-notes, quasi-tabular arrangments, and marginalia. xProof title page(s) xExamine marginalia. Is it all best tagged as NOTE? xObserve divtop and divbottom material marking beginnings and ends of divisions, check that they are correctly tagged as HEAD, HEADNOTE, CLOSER, OPENER, ARGUMENT, EPIGRAPH, SIGNED, DATELINE, BYLINE, etc. xCheck for GAPs xCheck PB placement and completeness, ensure sequence of N="" xCheck ^, oe, abq, italic I / J, _Initals, space between &amp;c., --, LB, # xCheck for illustrations and correct usage of FIGURE. Add FIGDESCs if necessary. xCheck q; startq endq Q xIf appropriate, check for yoghs. xIf appropriate, check for Latin problems, e.g. oe and ae digraphs xIf appropriate, check for abbreviation and brevigraph problems. xIf appropriate, check for units of measure, symbols (alchemical, astronomical, etc.) and the like. xCorrect illegibles from proofsheet xCheck illegible page, para, line, span, word, dollar signs
*Final validate and check Corrected [ ] illegible groups out of [ ]. Converted [ ] illegible groups to GAP DESC="illegible". DONE</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="UM" ID="A96507">
<STC T="W">W2173</STC>
<STC T="T">E520_33</STC>
<BIBNO T="umi">99865362</BIBNO>
<VID>117602</VID>
</IDG>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>Truths triumph, OR Treachery anatomized, BEING An impartiall Di&s;covery of the fal&s;e, and treacherous infor|mation of M. <HI>Ma&s;ter&s;on,</HI> pretended Mini&s;ter of <HI>Chri&s;t</HI> at <HI>Shore|ditch,</HI> again&s;t L. C. <HI>J. Lilburne,</HI> and I. <HI>Wildman,</HI> at the Lords Barre, January 18. 1647. concerning a mee|ting of &s;everall hone&s;t men, in Ea&s;t Smithfield, <HI>Ian.</HI> 17. <HI>&amp;c.</HI></P>
<P><HI>In relation to which</HI> Information, <HI>the &s;aid L. C. Lilburne</HI> &s;tands commit|ted to the Tower, and J. <HI>Wildman</HI> to the Fleet.</P>
<P>WITH <HI>A true Narrative of all the Pa&s;sages and Di&s;cour&s;es that pa&s;&s;ed at the &s;aid meeting; as it was delivered at the Bar of the</HI> Hou&s;e of <HI>Commons, by</HI> J. Wildman, Ian. 19. 1647.</P>
<P>Veritas non querit angulos;</P>
<L><HI>He that is of God, loveth the light. &amp;c.</HI></L>
<L><HI>The Righteous is as bold as a Lyon.</HI></L>
<P>IOHN WILDMAN.</P>
<P><HI>London</HI> Printed for <HI>Ia. Horni&s;h,</HI> Feb. 1. 1647.</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 TYPE="pamphlet">
<PB REF="2">
<PB N="3" REF="2">
<HEAD>An impartiall Relation of all the pa&s;&s;ages and di&s;|cour&s;es at a meeting of &s;ome Hone&s;t men in <HI>Ea&s;t-Smithfield,</HI> up|on the 17. of this pre&s;ent <HI>Ianuary,</HI> in reference unto which, <HI>Lievt. Col. Iohn Lilburn,</HI> and Mr. <HI>Iohn Wildman</HI> &s;tand committed, one to the <HI>Tower,</HI> and the other to the <HI>Fleet.</HI> As it was made at the Hou&s;e of Commons Barre on <HI>January</HI> 19.</HEAD>
<P>_IN this generation, <HI>Dicere quod nolo mi&s;erum, quod volo &amp; debeo pericu|lo&s;um,</HI> but if I peri&s;h I peri&s;h. <HI>Pereundum in licitis,</HI> that mans death is honourable, who&s;e integritie is the &s;word that &s;layes him. I hope I am no le&s;&s;e provided of a &s;afe retreat, then the mo&s;t adored <HI>Grandee</HI> of our <HI>times,</HI> a pillow of <HI>peace</HI> is prepared in my mo&s;t contemptible grave, and the gate of that ble&s;&s;ed &s;ecure Paradice of full communion with the Father is open for me. <HI>Et contemp&s;it omnes, ille qui mortem prius;</HI> he that contemns Death &s;cornes both hopes, and feares, tho&s;e only affections which po&s;&s;e&s;&s;e mens &s;pirits with ba&s;ene&s;&s;e or cowardize.</P>
<P>Surely he that is no great A&s;trologer may iudge by the A&s;pect of the Starrs in this Horizon, that this Engli&s;h Aire agrees be&s;t with the bodies of <HI>Camelions, Pa|ra&s;ites, Time &s;ervers,</HI> &amp; <HI>implicite beleevers,</HI> &s;uch as change their formes. <HI>Toties quoti<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> annulus vertitur politicus.</HI> And therefore it would be a curte&s;ie beyond my enemies intentions, if they would &s;end me po&s;t to a <HI>purer Climate.</HI></P>
<P>But it may be &s;ome will call my <HI>Innocence Impudence,</HI> and ignobly impute my <HI>ju&s;tification</HI> of my &s;elf, to my <HI>effronted boldne&s;&s;e:</HI> But if I had regarged the barking of every <HI>Cerberus,</HI> I had now been deafe. <HI>Si &s;at e&s;&s;et accu&s;a&s;&s;e quis innocens erit;</HI> In|deed its the cry of many Sicophants of our age, that its impudence to que&s;tion the <HI>judgment of Parliament men,</HI> but I was never yet per&s;waded that they all po&s;&s;e&s;&s;ed <HI>Peters Chaire,</HI> or that I was bound to beleeve my actions to be errours upon their word.</P>
<P>Yet I am &s;o devoted to &s;upport the AUTHORITY and honour of the <HI>Com|mons in Parliament,</HI> that were my &s;ingle intere&s;t only concerned, rather then J would di&s;cover one <HI>&s;taine of inju&s;tice</HI> more in the robe of their honour, I would on|ly a&s;&s;ert my innocency with a dumb eloquence, <HI>manibus ad &s;ydera ten&s;is:</HI> But the fathers abu&s;e and danger loo&s;ened the &s;trings of the dumb childs tongue: There is an invenomed arrow &s;hot by my impri&s;onment, into the heart of the <HI>common cau&s;e of my deare&s;t Country,</HI> the black cloud of infamy ca&s;t upon my name, di&s;ho|nours the cau&s;e which I profe&s;&s;e, to maintaine and in the con&s;equence may divert well minded men from its pro&s;ecution: and be&s;ide, the nation hath received no &s;uperficiall wound by my Arbitrary re&s;traint: There was neither witne&s;&s;e nor e|vidence
<PB N="3" REF="3"> again&s;t me of a <HI>Crime,</HI> or <HI>a legall tran&s;gre&s;&s;ion</HI> in the lea&s;t punctillo: The Informer him&s;elf comming face to face at the <HI>Commons barre,</HI> accu&s;ed me of no|thing in <HI>Law Criminall;</HI> and yet that I &s;hould be di&s;&s;eized of my <HI>Liberty,</HI> and char|ged in the warrant with no le&s;&s;e then <HI>Trea&s;onable practi&s;es again&s;t the State,</HI> whereby my <HI>life, credit,</HI> and <HI>e&s;tate,</HI> are all indangered, this is a <HI>Pre&s;ident,</HI> who&s;e utmo&s;t evill con&s;equence to the freedome, life, and e&s;tate of every Engli&s;h man. If I &s;hould attempt to demon&s;trate. J &s;hould with the painter that could not expre&s;&s;e his grief for his daughter. Draw the <HI>Curtaine.</HI> But let me fir&s;t give you an impartiall Narra|tive of my cau&s;e.</P>
<P>On <HI>Wedne&s;day</HI> the 19. of this in&s;tant <HI>Ianuary,</HI> I had intelligence as I was wal|king in <HI>We&s;tmin&s;ter Hall,</HI> that J was inquired for by the Serjeant at Armes; there|upon J voluntarily repaired to the Hou&s;e of Commons doore, and pre&s;ently I was called to the barre, and the Speaker asked Mr. <HI>Ma&s;ter&s;on</HI> what he had to &s;ay again&s;t me, to which he an&s;wered in words to this effect, <HI>viz.</HI></P>
<P>That the di&s;cour&s;e at the meeting in <HI>Ea&s;t-Smithfield</HI> was interchangeable, yet this he remembred, that I &s;aid <HI>&s;ome Lords</HI> had &s;ent to me the &s;ame day of the mee|ting, to tell me, that they were willing to lay down their priviledges <HI>of being free from Arre&s;ts,</HI> and to be &s;ubiect to the <HI>Law,</HI> and that they would be content to part with their <HI>Legi&s;lative and Law-giving power</HI> from their <HI>Po&s;terities,</HI> &s;o that it &s;hould not di&s;cend to their <HI>Heires,</HI> provided they might inioy it for their own <HI>lives.</HI></P>
<P>Likewi&s;e the <HI>Informer</HI> &s;aid, that at the time of his comming into the meeting, I was &s;peaking about tumults of the poore in <HI>Wilt&s;hire.</HI></P>
<P>Hereupon the <HI>Speaker</HI> asked me what I an&s;wered to them, and then I &s;pake to this purpo&s;e, if not in &s;o many words. <HI>viz.</HI></P>
<P><HI>Mr. Speaker,</HI> I come not herein reference to this <HI>Informer,</HI> or what he hath laid to my charge, neither am I here, by vertue of any <HI>legall Warrant,</HI> for I received none; but I am here only in re&s;pect to this <HI>Honourable Hou&s;e,</HI> to attend its plea&s;ure; but as to this <HI>Informer;</HI> if that were <HI>truth,</HI> and a legall <HI>Crime</HI> which he informes a|gain&s;t me, I humbly conceive it comes not under the cognizance <NOTE N="*" PLACE="marg">The cogni|zance of any offence, except the offence of Iudges, or ad|mini&s;trators of ju&s;tice, doth not originally or in the fir&s;t place pertaine to the Parlia. but informati|on ought to be given to &s;ome Iu&s;tice of the peace in the County where the offence is committed that he may proceed accor|ding to law, that &s;o in ca&s;e of iniu&s;tice or undue procee|dings the par|ty accu&s;ed may have his reme|dy and repara|tions by Law, whereas if the Parl. take the fir&s;t notice of any &s;uppo&s;ed offence and commit any per&s;on, he is under an impo&s;&s;ibility of reparations in a legall cour&s;e, what iniu&s;tice &s;oe|ver he &s;uffers.</NOTE> of th<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> Honou|rable Hou&s;e; for I conceive it farre beneath the Authority of this Honourable Hou&s;e <HI>to be executers of Law,</HI> &s;eeing you are of <HI>right</HI> the <HI>&s;ole Legi&s;lators or Law-ma|kers:</HI> but though what this Informer &s;aith again&s;t me were a <HI>Crime,</HI> and did come under the cognizance of this Honourable Hou&s;e; yet I conceive I were not obli|ged to an&s;wer, becau&s;e there is no <HI>legall Accu&s;ation,</HI> but only a verball uncertaine relation of a di&s;cour&s;e at a meeting. I &s;hall here adde the proof of this a&s;&s;ertion, the Statute of 42. Ed. 3. c. 3. Which &s;aith, <HI>Its a&s;&s;ented and accorded for the good gover|nance of the Commons, that no man be put to an&s;wer without pre&s;entment before Ju&s;tices, or matter of Record, or by due proce&s;&s;e and writ originall according to the old Law of the land.</HI> And the Statute of 25. Ed. 3. 64. &s;aith, <HI>That no man &s;hall be taken by Petition or &s;ugge&s;tion made to the King or his Councell</HI> (and the Parliament is his grand Councell) <HI>unle&s;&s;e it be by indictment, or pre&s;entment of his good and lawfull people of the &s;ame neigh|bourhood where &s;uch deeds be done, in due manner, or by proce&s;&s;e made by writ originall at the Common Law.</HI> See the Stat. of 37. of Ed. 3. c. 18. and Petition of Right Now to proceed I further added the&s;e words or the like.</P>
<PB N="4" REF="3">
<P><HI>Mr. Speaker,</HI> I was borne in <HI>England,</HI> and the Lawes and Liberties of the Nation are my Birth-right, and I am &s;o tender of tho&s;e Liberties, that I cannot, I dare not in con&s;cience &s;o farre betray them, as to return an&s;wer to this <HI>Informer.</HI> Yet I owe &s;o much re&s;pect to this honourable Hou&s;e, that if you &s;hall plea&s;e to give me free|dome of &s;peech and audience, <HI>I</HI> &s;hall ingeniou&s;ly and impartially relate the matter of the di&s;cour&s;e which pa&s;&s;ed at the meeting on <HI>Ian.</HI> 17. for which <HI>I</HI> am accu&s;ed, with all the circum&s;tances to the be&s;t of my remembrances.</P>
<P>Hereupon <HI>Mr. Speaker</HI> commanded me to withdraw, and the Hou&s;e debated whether I &s;hould be heard, and within half an houre I was called in againe to the Barre, and Mr. <HI>Speaker</HI> &s;aid thus, <HI>Mr. Wildman,</HI> I am to tell you, that the Hou&s;e commands you to return an&s;wer to what Mr. <HI>Ma&s;ter&s;on</HI> hath &s;aid; unto whom I an&s;wered thus.</P>
<P>Mr. <HI>Speaker,</HI> I cannot, I dare not betray my liberty in an&s;wering to this <HI>Infor|mer,</HI> upon the rea&s;ons which I have rendred, yet if this honourable Hou&s;e plea&s;e, I &s;hall make a perfect relation of the bu&s;ine&s;&s;e in que&s;tion, and not being interrup|ted I proceeded thus.</P>
<P>Mr. <HI>Speaker</HI> it is truth, <HI>I</HI> was at the meeting in <HI>Ea&s;t-Smithfield</HI> on <HI>Monday</HI> la&s;t, and as I was informed, the principall occa&s;ion was to &s;atisfie &s;ome which were not ma|liciou&s;ly, but con&s;cientiou&s;ly &s;cruplous, <HI>whether they &s;hould any more petition this Honourable Hou&s;e:</HI> the rea&s;on which was rendred, was, that they had <HI>wearied them|&s;elves</HI> with <HI>petitioning,</HI> and notwith&s;tanding they had purcha&s;ed their <HI>freedom</HI> with their <HI>blood,</HI> yet all their endeavours were fruitle&s;&s;e, and their per&s;ons <HI>impri&s;oned</HI> and <HI>abu&s;ed</HI> for <HI>petitioning,</HI> and &s;ometimes their <HI>Petitions burned.</HI></P>
<P>The&s;e &s;cruples I endeavoured to an&s;wer, fir&s;t I undertook to prove that it was their duty to imploy all their power toward &s;etling the freedomes of the Nation: who&s;oever (&s;aid I) improves not his power to pre&s;erve that outward happine&s;&s;e which God hath in mercy given him. he rejects and di&s;pi&s;es the goodne&s;&s;e of God toward him. Now a mans libertie is a &s;peciall part of mans earthly happine&s;&s;e, and therefore its every mans duty to endeavour to his utmo&s;t to <HI>&s;ecure and &s;etle his native freedomes;</HI> &amp; otherwi&s;e, all the mi&s;eries which en&s;ue to any man by the lo&s;&s;: or want of his native liberty, is brought upon him&s;elf, and it may be iu&s;tly &s;aid to &s;uch, <HI>you have de&s;troyed your &s;elves:</HI> Yet further (&s;aid I,) its the command of God, that every man &s;hould &s;eek the good of his neighbour, and con&s;equently much more the good of the <HI>Nation.</HI> Its the e&s;&s;entiall property of the ble&s;&s;ed God to com|municate of his goodne&s;&s;e univer&s;ally, and no man &s;hewes forth any lu&s;tre of the image of God in him, unle&s;&s;e it be by doing good, and its made the Character of a man of <HI>worth or excellency,</HI> or <HI>a man approved of God,</HI> that he &s;erved God in his ge|neration; and &s;o its &s;aid of <HI>Cornelius,</HI> he was a good man, that is, an u&s;efull man in the age wherein he lived: And further (&s;aid I,) hath not God commanded us to relieve and help our neighbours oxen or A&s;&s;es in any di&s;tre&s;&s;e, or being &s;unk down under any burthen? and doth he not much more command us to endeavour the reliefe of the people of our Nation, who&s;e backs are bowed down under their
<PB N="4" REF="4"> heavie burthens? and wherefore (&s;aid I) have God united people into a body or &s;ociety, or Nation? is't not for this? that every one &s;hould be helpfull each to other and endeavour one anothers good mutually: and if one per&s;on may &s;it &s;till, and &s;u&s;pend all endeavours for the <HI>&s;ettlement</HI> of the <HI>Nation,</HI> by the &s;ame rea&s;on <HI>another</HI> and <HI>another</HI> may be wholly negligent al&s;o, and &s;o throughout the Nation.</P>
<P>Further, I endeavoured to convince them, that it was their duty in this juncture of time. Now (&s;aid I) the greate&s;t and mo&s;t <HI>portentuous evill</HI> which threatens &s;ud|den <HI>de&s;truction</HI> to the <HI>Nation,</HI> is the divi&s;ions and di&s;tractions which daily increa&s;e and abound. And its the unque&s;tionable duty of every man, to &s;eek for <HI>peace</HI> and <HI>union</HI> if it be po&s;&s;ible with every man; now it is not po&s;&s;ible to effect or procure an <HI>union</HI> in the <HI>Nation,</HI> without clearing and &s;ecuring its <HI>freedomes:</HI> wherefore (&s;aid J) have we <HI>contended each with other</HI> neer &s;eaven years? Is it not for <HI>ju&s;tice and freedom?</HI> Hath not the <HI>Kings Partizens</HI> pretended that they fought for their <HI>lawes and liber|ties?</HI> both parties have made the violation of <HI>tho&s;e,</HI> the &s;eeming ground of their quarrell, and the &s;ecuring <HI>tho&s;e</HI> the only price of their <HI>blood;</HI> therfore its impo&s;&s;ible there &s;hould be union, unle&s;&s;e you di&s;cover <HI>even to your oppo&s;ers</HI> in particular, what <HI>tho&s;e freedomes,</HI> and what tho&s;e <HI>rules of common iu&s;tice are,</HI> for which you have <HI>con|tended.</HI> Doubtle&s;&s;e (&s;aid I) its the ignorance or mi&s;under&s;tanding of one another, that hath made the contention &s;o bloody: if your oppo&s;ers did under&s;tand that what you de&s;ire, is as much for their <HI>freedome</HI> as <HI>your own,</HI> and that they &s;hould inioy as great an influence of good as your &s;elves, from tho&s;e <HI>principles of freedome</HI> which you de&s;ire &s;hould be e&s;tabli&s;hed; that bitterne&s;&s;e, malice and hatred which burnes now in their hearts again&s;t you, would then cea&s;e: what hath been their cry (&s;aid I) bnt this, that you know not what you would have, therefore if all of us would de&s;ire friendly, loving meetings with our neighbours, and &s;ay to them, here is that which we account the <HI>price of our blood,</HI> the <HI>bottome of our de&s;ires:</HI> had we but <HI>this,</HI> we &s;hould never accoun<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> any thing more worth blood; or the ingaging in <HI>a new warre:</HI> I be&s;eech you friends con&s;ider whether tho&s;e our de&s;ires concern not you and your <HI>Po&s;terities,</HI> as much as it concernes us: Let us con|&s;ider it in <HI>love,</HI> if this were done (I &s;aid) I was confident, <HI>our &s;ad di&s;tractions would &s;oone cea&s;e.</HI> And here I added, that <HI>I</HI> judged it the wi&s;edome of tho&s;e, who&s;oever they were, that drew the <HI>large Petition,</HI> that they in&s;erted no &s;uch particular grie|vances, as might di&s;ingage any con&s;iderable partie, and &s;o continue our di&s;tracti|ons: For in&s;tance, <HI>Tythes</HI> are by many conceived to be a heavie burthen, yet the removall of them is not de&s;ired in the large Petition, becau&s;e a con&s;iderable partie in the Kingdome hath much particular intere&s;t in them, and the removall of &s;uch a <HI>particular grievance</HI> is not worth <HI>blood,</HI> or the hazzarding of a <HI>warre,</HI> by <HI>continu|ing our divi&s;ions.</HI> Unto this J added; <HI>pre&s;ent nece&s;&s;itie</HI> did now call upon every man to &s;tirre up all his &s;trength in endeavouring &s;uch an <HI>union of the people in the princi|ples of common right and freedom;</HI> I told them that they felt by &s;ad experience, that <HI>trading</HI> was decayed, and the <HI>price of food &s;o exce&s;&s;ive,</HI> that it would even rend any pittifull heart to heare and &s;ee the <HI>cryes and teares of the poore,</HI> who profe&s;&s;e they are
<PB N="5" REF="4"> almo&s;t readie to fami&s;h, and while our divi&s;ions continue, and there be no &s;ettle|ment of the principles of <HI>freedome and iu&s;tice, trading</HI> will but more decay every day: Rumours and feares of <HI>Warre,</HI> and the <HI>Army</HI> comming now into the <HI>City,</HI> makes M<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">rchants unwilling to tru&s;t their goods in the City, and exchange beyond &s;ea falles, and there will be no importing of goods, and then there will be no exporting and &s;o the &s;taple commodities of the Kingdome which maintaines the con&s;tant trade, will not tend to the advantage of the <HI>labourers,</HI> and then mo&s;t of the poore in the Kingdom which live by <HI>&s;pinning, carding,</HI> &amp;c. will be ready to peri&s;h by fa|mine: Upon this occa&s;ion I told them what I heard at my Inn at the <HI>Sarrazens head in Friday &s;treet, viz.</HI> that &s;ome Clothiers of <HI>Wilt&s;hire</HI> came in, who profe&s;&s;ed that trading was &s;o dead, that &s;ome of them who &s;et at work formerly a 100. did not now &s;et at work above a dozen or the like, and that the poor did gather toge|ther in troops of 10. 20. 30. in the Roades, and &s;eized upon Corne as it was carrying to market, and devided it among them&s;elves before the owners faces, telling them they could not &s;tarve: and hereupon J in&s;erted that in probabilitie a &s;uddain confu|&s;ion would follow, if a &s;peedie &s;ettlement were not procured.</P>
<P>But J further told them, that J conceived no other probable way of <HI>preventing a new warre</HI> with the <HI>Scots</HI> and other <HI>forraigners,</HI> but by uniting the people in the principles of common <HI>right and freedome,</HI> wherein all are equally concerned: and J &s;aid, I believed it was intended that the <HI>large Petition</HI> &s;hould be &s;ent into all parts of the Kingdome, that if it be po&s;&s;ible all might joyn in tho&s;e de&s;ires.</P>
<P>And if God &s;hould be &s;o propitious to this <HI>Nation,</HI> then the <HI>Scots</HI> would di&s;paire of any <HI>Partizens or a&s;&s;i&s;tants among&s;t us,</HI> and &s;o would be more catious in adventu|ring to ingage in warre again&s;t us.</P>
<P>Now having thus convinced them of the nece&s;&s;ity and their duty, to put forth their utmo&s;t vigor, in endeavouring the &s;ettlement of their freedomes. I al&s;o at|tempted to demon&s;trate to them, that there was no <HI>legall, iustifiable way</HI> wherein they could &s;eek for their freedomes, or redre&s;&s;e of their common grievances, <HI>but by petitioning this honourable Hou&s;e.</HI> I told them there was no other <HI>vi&s;ible Authority</HI> to whom they could &s;eek, or which is <HI>intru&s;ted by the people</HI> with <HI>power to redre&s;&s;e their grievances,</HI> or to <HI>make</HI> or <HI>repeale Lawes,</HI> for the vindication, clearing, and &s;ecu|ring their <HI>native rights and liberties,</HI> and therefore <HI>their intere&s;t</HI> was involved and bound up in the <HI>intere&s;t of this hou&s;e,</HI> and <HI>(though &s;ome Members of this Hou&s;e, did not as we feared &s;o intend pnblique good as we could wi&s;h)</HI> yet if this <HI>vi&s;ible authority</HI> was not <HI>&s;upported</HI> and <HI>pre&s;erved</HI> from contempt, a generall confu&s;ion would follow, and the <HI>nation</HI> be laid wa&s;t &amp; de&s;olate: and by the&s;e or words to this effect, the &s;cruples were cleared.</P>
<P>After this there was occa&s;ion offered accidentally to di&s;cour&s;e of the <HI>Lords Le|gi&s;lative or lawgiving power,</HI> both of the <HI>rights,</HI> and of the <HI>mi&s;chie&s;es</HI> which have en|&s;ued upon their <HI>exerci&s;e of it,</HI> and there I &s;pake my opinion: I told them I conceived they had no <HI>legall right</HI> to &s;uch a <HI>co-ordinate power in making Lawes</HI> with this <HI>Ho|nourable Hou&s;e,</HI> and <HI>I</HI> induced for a proof the Declaration of this Hou&s;e; wherein you have given us a tran&s;cription of the Kings <HI>Oath</HI> out of the <HI>Records,</HI> and averre
<PB N="6" REF="5"> <HI>that the King is &s;worn to pa&s;&s;e and confirme by his authority, &s;uch lawes as the people &s;hall chu&s;e,</HI> <NOTE N="*" PLACE="marg">See their Rem. of <HI>May</HI> 26. 1642. book decl. pag. 712. 713. It was but a formality, that lawes have bin carried to the King, for his a&s;&s;ent; for it was wont u|&s;ually to be done the la&s;t day of the Parl. and &s;o his pa&s;&s;ing the Bills or lawes di&s;&s;olved the Parl. and ther|fore ob&s;erve, when the King pa&s;&s;ed any Bill &s;ince this Parl. there is a pro|vi&s;o in the Act that the pa&s;|&s;ing that Bill &s;hall not di&s;|&s;olve the pre|&s;ent &s;e&s;&s;ion of Parl. See a little book of the manner of holding parl. pag. 54, 55. See the Arm. decl. of Iune 14. 1647 book decl. pag. 43.</NOTE> or as in the old tran&s;lation. <HI>the folkes or Commons &s;hall chu&s;e;</HI> whereby the <HI>Lords</HI> are <HI>totally excluded,</HI> from any intere&s;t in, or <HI>right</HI> to the <HI>Legi&s;lative power,</HI> &s;ee|ing they neither profe&s;&s;e them&s;elves to be <HI>Commoners per&s;onally,</HI> or to <HI>repre&s;ent the Commons.</HI> And thence J inferred, that it was further evident from that <HI>Oath,</HI> that the <HI>King him&s;elf</HI> had no right to the <HI>Law-making power:</HI> for this Honourable Hou&s;e hath a&s;&s;erted and proved, that he hath no <HI>legall power to di&s;&s;ent:</HI> from <HI>the laws that you make;</HI> &amp; then its irrational to imagine that there need be any <HI>a&s;&s;ent,</HI> or that it &s;hould be of any validity: and hence J concluded that there was no colour <HI>of the Lords right to that power.</HI> They are <HI>created Lords</HI> &s;olely by the <HI>Kings will,</HI> and &s;it by vertue of his <HI>pattent,</HI> and the <HI>King him&s;elf being not intru&s;ted with any &s;hare in that &s;upream lawgiving power,</HI> his <HI>pattents</HI> cannot inve&s;t the Lords with that <HI>power or tru&s;t.</HI></P>
<P>And I yet further added, that the <HI>law giving power is arbitrary in its own nature,</HI> and to e&s;tate an arbitrary power in any what&s;oever during <HI>life,</HI> is incon&s;i&s;tent with <HI>freedome,</HI> and with a <HI>iu&s;t government</HI> of a people, by written lawes, and renders any * State where&s;oever it is, no other then a Tyranny, and the people no better then <HI>Va&s;&s;alls:</HI> but much more is it incompatible with a <HI>&s;hadow of freedome</HI> to have &s;uch an arbitrary power <HI>di&s;cend in any</HI> Line from <HI>Generation</HI> to <HI>Generation forever.</HI> Yea I told them that I conceived this was contrary to the common light of nature, the very end of Government, and the expre&s;&s;e words of the Scripture. Its &s;aid <HI>Rom.</HI> 13. 4. <HI>That the Magi&s;trate is the Mini&s;ter of God for good,</HI> now that implyes, that per&s;ons which are intru&s;ted with &s;uch power, ought to be &s;o qualified and accompli&s;hed, that they may be &s;utable to exerci&s;e and improve their power for good, otherwi&s;e the very end of Government is &s;ubverted. Now how is it po&s;&s;i|ble that there &s;hould be any a&s;&s;urance, that a father furni&s;hed and compleated with all excellencys, &s;hall have an heire indowed with the lea&s;t abilitie or capaci|tie of governing? whats more common, then that the wi&s;e&s;t <HI>Salomon</HI> may have an unworthy <HI>Rehoboam</HI> for his &s;ucce&s;&s;our? no man can promi&s;e that the Lords Sons &s;hall have either &s;o much wi&s;edom or hone&s;ty, as to be fi<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> Subjects of any power, much le&s;&s;e of that &s;upream tru&s;t of the Lawgiving power.</P>
<P>And as to the evills that have en&s;ued upon the Lords exerci&s;e of that Law gi|ving power. I &s;pake my opinion as freely; I told them, that in rea&s;on, their claim to that power, was the occa&s;ion of all the innocent blood that hath been &s;plit in England. Jf the Ordinance in <HI>Feb.</HI> 1642. for &s;etling the Militia of the kingdome, had been put in execution when it was fir&s;t &s;ent up to the Lords for their concur|rence, the King could never have rai&s;ed an Army; but their a&s;&s;uming to them|&s;elves a power co-ordinate with this Honourable Hou&s;e, and then refu&s;ing when this Honourable Hou&s;e &s;ent againe, and againe, and againe, to pa&s;&s;e that Ordi|nance; the&s; etheir delayes, and preventions of &s;etling the Militia gave both time and opportunity to the King to rai&s;e an Army; and then this Honourable Hou&s;e was compelled for the peoples defence to rai&s;e an Armie al&s;o, and ingage in war.
<PB N="7" REF="5"> <HI>I might have added, that the Lords did never then con&s;ent to that Ordinance untill</HI> <NOTE PLACE="marg">See 1 part. book Decl. pag. 364, 548.</NOTE> <HI>Mr.</HI> Hollis <HI>demanded in a manner the names of tho&s;e Lords at the barre, which would not concurre, and de&s;ired that tho&s;e Lords which would joyne with the Commons to &s;ave the Kingdome, would take &s;ome cour&s;e to di&s;cover them&s;elves, and al&s;o &s;hewed them a Petition to the Commons, de&s;iring that &s;uch Lords would &s;it and vote with them as one intire</HI> (c) <HI>Body.</HI></P>
<P>But this I did adde, that we had mo&s;t &s;ad experience now of late of the dange|rous con&s;equence of their claime to that Power, they expo&s;ed the Kingdome a|gaine to <HI>Bloud</HI> and <HI>Confu&s;ion</HI> by delaying &s;o long to pa&s;&s;e tho&s;e gallant <HI>Votes</HI> of this Honourable hou&s;e again&s;t the King by that meanes the people which are di&s;|contented at tho&s;e Votes, have time to ruminate and chew upon their di&s;contents, and the fire of their di&s;plea&s;ure hath time to kindle, and no man knowes into what flames it may breake forth; and therefore I conceive there is no po&s;&s;ible meanes to pre&s;erve the Nation from ruine, unle&s;&s;e there be &s;peedy acting, and proceedings according to the good beginnings of this Honourable Hou&s;e.</P>
<P>Some other di&s;cour&s;e happened accidentally about the rea&s;ons of that &s;uddaine <HI>Change</HI> which appeared in Lieut. Generall <HI>Cromwell,</HI> and Commi&s;&s;ary Generall <HI>Ireton,</HI> that they now declare again&s;t any addre&s;&s;es to be made to the King, or received from him, whereas they have pleaded, <HI>That they were engaged to pre&s;erve the Kings per&s;on, and e&s;tabli&s;h him in his ju&s;t Power.</HI></P>
<P>Hereupon a &s;tory was related by a Gentleman at the Meeting, to which I was an auditor, he &s;aid, he had credible information, that a gallant hone&s;t Gentleman of the Hou&s;e of Commons, who&s;e father was a Knight, had certaine intelligence, <HI>That the King had promi&s;ed Lieutenant Generall</HI> Cromwell, <HI>to give a blue Ribband and a George, and make him Earle of</HI> E&s;&s;ex. <HI>And that Commi&s;&s;ary</HI> Ireton, <HI>&s;hould be either Field-Mar&s;hall or &s;ome &s;uch great Officer in</HI> Ireland; <HI>and that his owne Son &s;hould be Bod-chamber man to the Prince:</HI> And hereupon his Spirit was &s;o moved, that hee re&s;olved he would rather become another <HI>Felton</HI> to <HI>Cromwell,</HI> then &s;uffer his Country to be betrayed, and all hone&s;t men de&s;troyed: And that he had pre|pared him&s;elfe with Pi&s;toll and Dagger for that purpo&s;e, onely hee revealed his mind to another Member of the Commons Hou&s;e, which di&s;&s;waded him from at|tempting the execution of his purpo&s;e; and that Lieutenant Generall <HI>Cromwell</HI> had intelligence of this, and pre&s;ently a <HI>Fa&s;t</HI> or day of Humiliation was called, and &s;o the great <HI>change</HI> en&s;ued.</P>
<P>After this, I &s;pake my thoughts to this effect; That I knew not what influ|ence any &s;uch Circum&s;tances might have upon the &s;pirit of Lieutenant Ge|nerall <HI>Cromwell,</HI> but I rather conceived that the change was upon this occa&s;ion, <HI>viz.</HI> That the Presbyterian <HI>Scots,</HI> con&s;idering that Lieutenant Generall <HI>Crom|well</HI> was no friend to them, and that the King was po&s;&s;e&s;&s;ed with deadly hatred again&s;t them; and having intelligence, that the King relyed upon the Lieutenant Generall to make his termes for him with this Honourable hou&s;e, and well weighing the danger to which they were expo&s;ed by two &s;uch potent Enemies, or rather one &s;uch impla<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">able oppo&s;er; backed with a potent Army, were inforced
<PB N="8" REF="6"> in re&s;pect to their owne pre&s;ervation to attempt the breaking of that de&s;igne, and prevent the Kings comming in upon the Armies, or Lieutenant Generall his in|tere&s;t: thereupon, though they were no reall Friends to the Kings negative voyce, or to his pretended right to the <HI>Militia,</HI> and would not allow the King in their owne Kingdome a negative voyce to their Lawes in the lea&s;t <HI>Punctilio,</HI> nor the lea&s;t &s;hadow of Power in di&s;po&s;ing of their <HI>Militia;</HI> yet a nece&s;&s;ity was upon them to out-bid Lieutenant Gen. <HI>Cromwell,</HI> and to offer both a Negative voyce, and a <HI>Militia</HI> to the King in this Kingdome, That &s;o the King might be induced to ca&s;t him&s;elfe upon them, and pre&s;ume to come in upon their intere&s;t: hereup|on the King as hee &s;aid at <HI>Ouburne,</HI> accepted his be&s;t bargaine, and tooke their proffer who bad mo&s;t for him; and then the tenders of the Lieutenant Generall being rejected, hee was nece&s;&s;itated to ingage with this Honourable hou&s;e in tho&s;e Votes, that there &s;hould neither any addre&s;&s;es be made further to him, nor any re|ceived from him. And when I con&s;ider how zealou&s;ly Commi&s;&s;ary Generall <HI>Ire|ton</HI> hath formerly endeavoured the renewing addre&s;&s;es unto the King, and that there &s;hould be another manner of addre&s;&s;e made to him, then was by the Propo|&s;ions &s;ent to <HI>Newca&s;tle,</HI> and when hee was reflected upon by &s;ome of the Gene|rall Councell at <HI>Putney,</HI> as having occa&s;ioned the &s;ence of the Army to be mi&s;|repre&s;ented to this Honourable hou&s;e, <HI>viz.</HI> That it de&s;ired a new addre&s;&s;e to be made to the King; hee profe&s;&s;ed that if he did not thinke it to be the &s;ence of the Army, hee would loath and abhorre the Army and dete&s;t to continue with them for a day: When I con&s;ider the&s;e things, and mind that the &s;ame Gentleman &s;hould be the fir&s;t or &s;econd man in this Honourable hou&s;e, which &s;hould move that no more addre&s;&s;es &s;hould be made to or received from the King, I cannot i|magine that this &s;o great a turne &s;hould be upon any other then a private intere&s;t.</P>
<P>After this, one at the meeting moved a Que&s;tion, <HI>viz.</HI> Whether it be not needfull to frame &s;omething &s;peedily to pre&s;ent to the Parliament, to incourage them to proceed according to tho&s;e good Votes again&s;t the King, late pa&s;&s;ed, the rather, becau&s;e the large Petition will be a long time before it be pre&s;ented.</P>
<P>Unto this I an&s;wered, That I conceived the large Petition contained tho&s;e Principles upon which this Honourable hou&s;e mu&s;t proceed in ca&s;e tho&s;e late Votes be pro&s;ecuted, and doubtle&s;&s;e that Petition is knowne to be abroad by every active Member of this Honourable hou&s;e, and in ca&s;e the people &s;hall free|ly joyne in that Petition, it will more &s;trengthen their hands in their effectuall proceedings according to the late Votes, then any Paper &s;ub&s;cribed onely with Three or foure or 5000 Men.</P>
<P>Some other contingent di&s;cour&s;e pa&s;&s;ed and &s;omething like to that which this Informer fal&s;ly averres to be &s;poken by me, was &s;poken by another Gentleman in the meeting, viz. <HI>He &s;aid, that &s;ome which were neere to &s;ome Lords had beene that day with me, and toled me that &s;ome Lords were willing that their Legi&s;lative Power which they exerci&s;e &s;hould not di&s;cend to their Po&s;terities as an inheritance, that they could freely part with their Priviledge or Freedome from Are&s;ts and be &s;ub|ject to the Law, to be compelled as others may in ca&s;e of default to pay their</HI> <NOTE N="*" PLACE="marg">This was the only thing which Mr. <HI>Ma|&s;ter&s;on</HI> inform|ed again&s;t me to my face at y^e hou&s;e of Com|mon<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> Barre, which if it were true, were no crime, yet the thing is fal&s;e as to me, being not &s;poken by me.</NOTE> <HI>Debts.</HI></P>
<PB N="9" REF="6">
<P>One pa&s;&s;age more J remember I heard from &s;ome in the meeting, <HI>viz.</HI> That the large Petition did co&s;t money for the Printing, and who&s;oever plea&s;ed might contribute either Two-pence, 6. d. or 12. d. toward the charges that were incident to Printing and di&s;per&s;ing.</P>
<P>This is the &s;umme and effect of what I &s;pake at the Hou&s;e of Commons barre and I could not then remember any other materiall pa&s;&s;age in di&s;cour&s;e, or any other con&s;iderable circum&s;tance at the meeting; yet by recollecting my thoughts I remember a pa&s;&s;age or two more, <HI>viz.</HI> One at the meeting inquired of L. Co|lonel <HI>Lilburne,</HI> whether there was any truth in the rumour, that the Lords had &s;ent to him to offer him 3000. l. to de&s;i&s;t the promotion of the <NOTE N="c" PLACE="marg">This <HI>qu<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"></HI> the informer changed to an affirmation with a large addition, aver|ring that L. C. <HI>Lilburne</HI> &s;hould &s;ay, that the Lords had offe|red him 3000 pounds to de&s;i&s;t fro~ promoting the large Peti|tion.</NOTE> large Petition; but Lieut. Colonel <HI>Lilburne</HI> an&s;wered, That it was a fal&s;e groundle&s;&s;e report, nei|ther did hee imagine what &s;hould be the originall or occa&s;ion of that rumour, un|le&s;&s;e it were this; That a Lord &s;ent to him in relation to his particular bu&s;ine&s;&s;e, to tell him, that he conceived hee &s;uffered much want and hard&s;hip by the Lords, and that he could not but be reduced to a nece&s;&s;itous condition by his Impri&s;onment; and therefore he had a con&s;iderable token for him if hee thought it would be ac|cepted as love, and not di&s;pi&s;ed: to this &s;aid he, I an&s;wered, that any favour could not but be an ingagement to an ingenious &s;pirit to &s;erve the Donor, and that hee would not be ingaged to any Pattentee Lord who claimed a right to the Law-giv|ing Power, by vertue of a Patent from the King; but if that Lord would reject his Patentee Lord&s;hip, and be content to be cho&s;en by his Country as a Knight of the Shire, hee &s;hould then accept the &s;malle&s;t token of his Love, if it were but five &s;hillings.</P>
<P>One thing more comes to my mind, <HI>viz.</HI> Lieut. Colonel <HI>Lilburne</HI> &s;peaking of the nece&s;&s;ity of uniting all &s;orts of people in the Principles of Freedome, which are of common concernment, and that hee conceived there was no other po&s;&s;ible way to prevent confu&s;ion; he added, that if God &s;hould not &s;uffer it to be preven|ted, yet in a generall confu&s;ion hee was confident, that tho&s;e who &s;hould be knowne to have promoted the Large Petition, which equally concerned the good of all men &s;hould be more &s;afe then hee that &s;hould weare a blew <HI>Ribband</HI> in his <NOTE N="f" PLACE="marg">This I heare the In|former turned thus, that L. C. <HI>Lilburne</HI> &s;hould &s;ay, That hee intended to rai&s;e the People, and that his friends &s;hould have the Large Petiti|on in their hands and blue Ribbands in their Hats.</NOTE> Hat.</P>
<P>Curteous Reader, thou ha&s;t now the impartiall narrative of all the Pa&s;&s;ages of that meeting, where the common bruit of the unworthy <HI>Pamphletiers</HI> &s;ay, &s;uch a dangerous De&s;igne was layd; I wi&s;h the mo&s;t piercing Eagle-eye would make the exacte&s;t &s;earch into all my di&s;cour&s;e, and demeanours in this bu&s;ine&s;&s;e, and di&s;|cover to me an <HI>erratum</HI> according to the rigour of the Law or Ju&s;tice, even in the lea&s;t <HI>Punctilio.</HI> The Informer charged me with no colourable crime, though what&s;oever he &s;aid to my face had been true in every <HI>punctum;</HI> and as for Wit|ne&s;&s;es none were called or examined (though the <HI>Diurnall</HI> mans Pen could beare no true inke in that particuler) yet tho&s;e two Per&s;ons whom the informer
<PB N="10" REF="7"> brought as pretended <HI>Witne&s;&s;es,</HI> confe&s;&s;ed as I can prove by Oath; <HI>That there was nothing &s;poken at the Meeting for which J am accu&s;ed, but what rended to advance the Parliaments honour, or words to that effect.</HI></P>
<P>But upon what invi&s;ible grounds I know not, in the Evening this en&s;uing Or|der pa&s;&s;ed the Hou&s;e.</P>
<FLOATEXT LANG="eng" TYPE="indictment">
<OPENER><DATELINE><DATE>Diae Mercurii 19 Januar. 1647.</DATE></DATELINE></OPENER>
<P><HI>ITs this day re&s;olved upon the Qne&s;tion by the Commons in Parliament a&s;&s;embled, That Mr.</HI> Iohn Wildman <HI>be Committed to the</HI> Fleet <HI>in Order to his tryall according to Law, for trea&s;onable and &s;editious Practi|&s;es again&s;t the State.</HI></P>
<CLOSER><SIGNED>Hen. El&s;inge Cler. Parl. Dom. Com.</SIGNED></CLOSER>
</FLOATEXT>
<P>In pro&s;ecution of this Order Mr. Speaker i&s;&s;ued forth to the Serjeant at Armes this en&s;uing Warrant.</P>
<FLOATEXT LANG="eng" TYPE="warrant">
<P><HI>BY vertue of an Order of the Hou&s;e of Commons, the&s;e are to require you to re|ceive from the Serjeant at Armes, or his Deputy, the body of Mr.</HI> John Wild|man <HI>into the Pri&s;on of the</HI> Fleet, London; <HI>and him there to detaine in &s;afe Cu|&s;tody as your Pri&s;oner in order to his tryall according to Law, for trea&s;onable and &s;e|ditious Practi&s;es again&s;t the State, untill the plea&s;ure of the Hou&s;e bee further &s;igni|fied. And for &s;o doing this &s;hall be your Warrant.</HI></P>
<CLOSER><DATELINE>Dat. <DATE><HI>19 Ianuary, 1647.</HI></DATE></DATELINE>
<SIGNED>WILLIAM LENTHALI, <HI>Speaker.</HI></SIGNED></CLOSER>
</FLOATEXT>
<P>The Serjant at Armes &s;ending this warrant, I refu&s;ed to &s;errender my Liberty unle&s;&s;e he would force it from me becau&s;e I conceived the warrant to be illegall; and upon the &s;ame account, I refu&s;ed al&s;o the next day, untill force was brought: though then that clau&s;e, <HI>vntill the plea&s;ure of the Hou&s;e be further &s;ignified, was ex|pnnged:</HI> and then I told them that if Theefes meet me upon <HI>Newmarket</HI> Heath and will have my Pur&s;e, if they be too &s;trong for me: I judge it wi&s;dome to &s;ur|render my Pur&s;e, rather then hazard my life; and I prote&s;t here I yeeld to you my Liberty upon the &s;ame rea&s;on only.</P>
<P>Now lea&s;t this my deportment, &s;hould be matter of offence to any, or &s;cand|all to my &s;elfe, as if I &s;leighted that &s;upreame Authority of Parliament, which I have &s;o vigoru&s;ly contended to maintaine; I &s;hall give a faithfull account of the rea&s;on of my demeanour.</P>
<P>Fir&s;t, there was no &s;hadow of a Legall crime; not &s;o much as a mi&s;demeanour objected to my face again&s;t me by the informer: and to this I may add, that though the information had been of &s;omthing criminall, yet being onely a verball,
<PB N="11" REF="7"> uncertaine information, or &s;ugge&s;tion, its contrary to <HI>Magna Charta,</HI> to the Stat. of 5. Ed. 3. 9. 2 of Ed. 3. 4, 28. Ed. 3. 3. 42. Ed. 3. 3. that my Liberty &s;hould be taken from me upon that ground only, and hereupon I de&s;ired on Thur&s;day, the 20 of <HI>Ian.</HI> onely &s;omuch favour, as to be heard &s;peake for my &s;elfe in this particular.</P>
<P>Secondly, Suppo&s;e a crime had been objected again&s;t me, yet the warrant for my commitment was wholly illegall.</P>
<P>Let me not be mi&s;taken, as if I intended to bound the power and juri&s;diction of Parliament any further, then common equity and rea&s;on limits them, which is naturally implied, and &s;uppo&s;ed to be a Law to Legi&s;lators, even from that annal|logy, which all bodys politick hold with the naturall, whence all governours and governments borrow a proportionable re&s;pect; hence I conceive that an act of parliament again&s;t common right or rea&s;on, or repugnant, or impo&s;&s;ible, to be performed, is null and voyd in it &s;elfe: as &s;uppo&s;ing an act of Parliament &s;hould be made to con&s;titute a man judge in his own ca&s;e, it were voyd in it &s;elfe, and I judge this to be the ground of executing that exemplary ju&s;tice upon <HI>Emp&s;on,</HI> and <HI>Dudley,</HI> for putting in execution that Act of Parliament in the 11 of <HI>Hen.</HI> 7. <HI>C.</HI> 3. that Act of Parliament was again&s;t common equity and rea&s;on, the words are the&s;e, be it enacted that the <HI>Iu&s;tices of the A&s;&s;izes, and Iu&s;tices of the peace upon information for the King, before them to be made, have full power and Authori|ty by their de&s;cretion to heare and determine all offences and contempts,</HI> &amp;c. <NOTE N="g" PLACE="marg">See <HI>Cookes</HI> In&s;tit. 4. part. pag. 40.</NOTE> Fir&s;t, here the Iu&s;tices were authori&s;ed to proceed upon <HI>information,</HI> without any <HI>indict|ment;</HI> &s;econd, to judge by their <HI>di&s;cretion</HI> and not according to the <HI>Law</HI> and cu|&s;tome of England, as all proceedings ought to be, now this being again&s;t com|mon right and rea&s;on, the Act was null and voyd in it &s;elfe, and <HI>Emp&s;on,</HI> and <HI>Dudley,</HI> Iu&s;tices, died ju&s;tly, for what they did according to this Act, as though there had been no &s;uch Act.</P>
<P>Neverthele&s;&s;e I conceive the maxime that this Parliament declared in their Remon&s;tranee of <HI>May</HI> 26. 1642 book decl. p. 281. &s;tands impregnable, viz. <HI>that tho&s;e which &s;hall guide them&s;elves by the judgement of Parliament, ought what&s;o|ever happen to be &s;ecure and free from all account and penaltys;</HI> but it is naturally, and nece&s;&s;arily &s;uppo&s;ed, that the judgement of Parliament cannot be again&s;t common equity or rea&s;on: as when the Law made it petty trea&s;on for a &s;ervant to kill his ma&s;ter, it was not made &s;uch a hanious crime for a child to kill his fa|ther; the rea&s;on was, becau&s;e the Law &s;uppo&s;ed it to be a thing &s;o abhorred of na|ture, that &s;uch a fact would never be committed and likewi&s;e its not to be &s;up|po&s;ed that the judgement of Parliament &s;hould be contrary to common rea&s;on or equity, and therefore &s;uch limitations are not expre&s;&s;ed in any maximes relating to the power of Parliaments; yet they are nece&s;&s;arily implied: but I beleeve the freedomes of this Nation will never be &s;ecure untill the extent of the power and tru&s;t of the peoples repre&s;entatives, and the peoples re&s;ervations to them&s;elves be clearely declared; This I &s;peake in referrence to their legi&s;lative power, of which
<PB N="12" REF="8"> onely I conceive that maxime in the Law concerning the Parliament is to be un|der&s;tood, <HI>viz. Leges latent in <GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">ectoribus,</HI> the Laws are hidden in the Parliaments bre&s;ts.</P>
<P>But as to the Parliaments power in <HI>executing Lawes,</HI> upon &s;uch offenders as do properly and originally come under their cognizance, in my humble opinion they are obliged to proceed in the <HI>legall</HI> and <HI>ordinary</HI> way of putting the <HI>Lawes in execution,</HI> this Sr. <HI>Edw. Cooke,</HI> 4 part in&s;tit. p. 3<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">. expre&s;&s;ely affirmes; &s;aith he; <HI>Where by order of Law a man cannot be <GAP DESC="illegible" RESP="UOM" EXTENT="2 letters">tainted of high trea&s;on, unle&s;&s;e the offence be in Law high trea&s;on, he ought not to be attainted by generall words of high trea&s;on by authority of Parliament, but the high trea&s;on ought to be &s;pecially expre&s;&s;ed.</HI> And when King <HI>Hen.</HI> eight, enquired of the chiefe Iu&s;tices, whether a man that was <NOTE PLACE="marg">(h) See <HI>Cooke,</HI> in&s;tit. 4. part. 137.</NOTE> forth coming, ought to be attained of high trea&s;on by <HI>Parliament,</HI> and never called to his an&s;were? the Iudges an&s;wered, <HI>that the high Court of Parliament ought to give examples to inferiour Courts in proceeding according to Iu&s;tice;</HI> no inferiour Court could doe the like. Let their judgement be duly ob&s;erved, they &s;aid no in|feriour Court could &s;o proceed, and therefore muchle&s;&s;e the Parliament; who ought &s;o to ob&s;erve the <HI>Laws and rules of ju&s;tice,</HI> as to be <HI>patternes</HI> of <HI>ju&s;tice to o|ther Courts,</HI> and the rather, becau&s;e from them there is no <HI>appeale;</HI> &s;o that the ar|gument is a <HI>minor ad majus.</HI></P>
<P>Indeed the high Court of Parliament hath a power of <HI>declaring the Law in particular ca&s;es,</HI> before them; and they &s;ay <HI>they have not claimed it nor exerci&s;ed it otherwi&s;e, to be obligatory as a Judiciall declaration of the Law</HI> <NOTE N="i" PLACE="marg">See the Parlm. Rem. of <HI>May</HI> 26 1 part book de. p. 721.</NOTE> but ob&s;erve: this power is to be exerci&s;ed about Lawes which may be taken by way of <HI>con&s;equence, equity</HI> or <HI>con&s;truction,</HI> not about <HI>penall declarative Lawes;</HI> &s;uch mu&s;t be taken by the <HI>letter, onely;</HI> otherwi&s;e they &s;hould implie a contradiction to them&s;elves, and be no more <HI>declarative Lawes</HI> but <HI>Lawes of con&s;truction</HI> or <HI>con&s;titutive;</HI> &s;o that this their judiciall power <HI>in declaring Laws,</HI> exempts them not from an <HI>obligation</HI> to pro|ceed according to <HI>Law,</HI> in executing any <HI>penall declarative Lawes;</HI> &s;uch as are the Lawes again&s;t <HI>trea&s;on,</HI> &amp;c.</P>
<P>But the Parliaments Legi&s;lative power hath its exerci&s;e in this ca&s;e; they may repeale any <HI>penall declarative Law,</HI> or <HI>enact any new Law,</HI> declaring what &s;hall be <HI>trea&s;on</HI> or <HI>petty trea&s;on,</HI> &amp;c.</P>
<P>But every &s;uppo&s;ed offender ought to injoye the benefit of <HI>any Law</HI> which was <HI>unrepealed</HI> at the time, of his <HI>&s;uppo&s;ed offence;</HI> neither can any <HI>Law enacted after the imagined crime of any man,</HI> be the rule by which &s;uch a <HI>criminall per&s;on</HI> &s;hall be <HI>tried or judged,</HI> Rom. 4. the &s;cript. &s;aith expre&s;&s;ely, <HI>Where there is no law, there is no tran&s;gre&s;&s;ion;</HI> and I may &s;ay further, where the Law is not <HI>declared</HI> it <HI>bindes not,</HI> nor can any man ju&s;tly &s;uffer any puni&s;hment for the <HI>breach of &s;uch a law;</HI> Its a knowne maxime of the Law, <HI>de non exi&s;tontibus et non ap|parentibus eadem e&s;t ratio,</HI> there is no difference between Lawes not made, and Lawes not declared; and therefore of old all the Acts made by any Parliament, were by the Sheriffe of every County of England, <HI>Proclaimed</HI> and <HI>publi&s;hed</HI> in all
<PB N="13" REF="8"> places through his Bayliwick, and the Kings writt i&s;&s;ued forth to every Sheriffe to that purpo&s;e. <NOTE N="k" PLACE="marg">See <HI>Cooks</HI> in&s;tit 4 par. c. 1, p, 16,</NOTE></P>
<P>Now I conceive I may conclude that the Parliament <HI>ought to proceed</HI> in the or|dinary, legall, way of <HI>executing</HI> at lea&s;t the <HI>penall lawes:</HI> and if it were otherwi&s;e, their were <HI>no law in England during the &s;eting of Parliaments:</HI> for if the Lawes which bind to &s;uch and &s;uch manner of <GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">roceedings be not obligatory to the <HI>Par|liament,</HI> then no other Laws, which declares offences, and the <HI>penalty</HI> of <HI>offenders,</HI> are <HI>binding;</HI> and con&s;equently, the Liberty, e&s;tate and life of every man is &s;ubject to there <HI>ab&s;olute wills<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"></HI> nay &s;hould it be granted, that the Parliament may pro|ceed again&s;t, and impri&s;on, try, judge, or cen&s;ure &s;uppo&s;ed offenders, <HI>contrary to the kowne laws</HI> and the <HI>ordinary proceedings</HI> therein, all the people are the wor&s;t of <HI>va&s;&s;alls in the time of Parliament,</HI> being in effect without a Law, whereby to put a difference between <HI>good and evill,</HI> between <HI>ju&s;t</HI> and <HI>unju&s;t:</HI> and yet being in danger of the lo&s;&s;e of e&s;tates, Liberties, &amp; lives, for doing what they conceive mo&s;t purely ju&s;t, in ca&s;e others &s;hall judge it unju&s;t; Its the Law which is the &s;afe|gard, the cu&s;tody of all private intere&s;ts: the e&s;tates, Liberties, and lives of all are in the keeping of the Law.</P>
<P>And therefore the Parliament in their Rem. of <HI>May</HI> 26. 1642. 1 book of decl. p. 693. ju&s;tly te&s;tifies an indignation in their &s;pirits again&s;t that &s;candall which <NOTE PLACE="marg">Reader ob&s;erve that ca&s;es of ne|ce&s;&s;ity in time of warre are always to be excepted ne|ce&s;&s;ity di&s;&s;olves all Lawes and &s;uch ca&s;es pro|ceeding mu&s;t be arbitrary.</NOTE> the King ca&s;t upon them, viz. <HI>that they di&s;po&s;ed of all the &s;ubjects lives and fortunes by their owne votes, contrary to the knowne law of the land:</HI> upon the&s;e grounds I hope I may &s;ay without offence, that the <HI>warrant was illegall,</HI> and the illegality was not in a <HI>punctilio</HI> but in the <HI>principle clau&s;e,</HI> for there is no <HI>particular crime expre&s;&s;ed in it<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">,</HI> and Sr. <HI>Edw. Cooke,</HI> in the &s;econd part of in&s;titute, &s;aith its the &s;peciall thing required by act of Parliament to make a <HI>Mittimus</HI> legall; that the <HI>cau&s;e be expre&s;&s;ed with &s;uch convenient certainty as it may appeare judicially that the offence requires &s;uch a judgement,</HI> as in ca&s;e a per&s;on be committed for high trea&s;on: its not &s;ufficent that it be expre&s;&s;ed in the <HI>Mittimus</HI> for <HI>high trea&s;on,</HI> but it mu&s;t be more particularly <HI>for high trea&s;on again&s;t the per&s;on of the King;</HI> or for <HI>counter|feiting the broad &s;eale,</HI> or the <HI>mony</HI> of the <HI>King</HI> &amp;c and in ca&s;e it be for <HI>petty trea&s;on,</HI> it ought to be declared in the Mittimus as for the death of <HI>A. B.</HI> his Ma&s;ter, and &s;o for fellony for the <HI>death</HI> that, <HI>C.</HI> B. or for &s;tealing a <HI>hor&s;e,</HI> &amp;c. and its to be ob|&s;erved that an indictmeut ought to rehear&s;e the effect of the Mittimus, which di|rectly proveth, that the <HI>cau&s;e in &s;uch a generall certainty ought to be &s;hewed,</HI> read <HI>Cooks</HI> expo&s;ition of <HI>Magna Charta</HI> 29 for further &s;atisfaction: and that of <HI>Fe&s;tus</HI> in <HI>Act.</HI> 25. 26, 27. is worth ob&s;ervation that he &s;ought for &s;ome <HI>certaine</HI> thing again&s;t <HI>Paul</HI> to in&s;ert into his Mittimus, whereby he &s;hould be &s;ent to <HI>Ce&s;ar,</HI> for (&s;aith he) <HI>it &s;eemes to me unrea&s;onable to &s;end a pri&s;oner and not withal to &s;ignifie the crimes layd again&s;t him.</HI></P>
<P>And I cannot but imagine that the Parliament proceeded upon this ground in refu&s;ing to impri&s;on &s;uch as have been <HI>accu&s;ed in generall, of high trea&s;on,</HI> doubt|le&s;&s;e, with <HI>Fe&s;tus,</HI> they judged it unrea&s;onable to <GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"> di&s;&s;eize any man
<PB N="14" REF="9"> man of his Liberty without &s;uch a particular crime probably at lea&s;t objected a|gain&s;t him, as evidently requires &s;uch a judgement; Thus when the Kings At|tourny Generall exhibited Articles of high Trea&s;on again&s;t Mr. <HI>Hollis,</HI> Mr. <HI>Pim,</HI> Mr. <HI>Hampden,</HI> Mr. <HI>Stroud,</HI> and Sir <HI>Arthur Ha&s;<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">eridgo,</HI> they Petitioned the <NOTE N="l" PLACE="marg">See 1. par. book Decl. pag 52. 65, 67.</NOTE> King twice to di&s;cover what proofe of tho&s;e Articles were again&s;t them, before any proceedings were to be again&s;t them; and in a third Petition <NOTE N="m" PLACE="marg">See 1 part book Decl. pag 77.</NOTE> they have the&s;e words; <HI>Whereas by the expre&s;&s;e Lawes and Statutes of this Realme, that is to &s;ay, by two Acts of Parliament, the one made in the 37, and the other in the 38 of</HI> Edw. <HI>the 3. If any what&s;oever make &s;ugge&s;tion to the King of any Crime, committed by another; the &s;ame Per&s;on ought to bee &s;ent with the &s;ugge&s;tion before the Chancellor, or Keeper of the Great Seale, Trea&s;urer, and the Grand Councell, there to find &s;urety to pur&s;ue his &s;ugge&s;tion; which if hee cannot prove, he is to bee Impri&s;oned untill hee hath &s;atified the Party accu&s;ed of his damages and &s;lander, and made fine and Ran&s;ome to the King.</HI> And lea&s;t it &s;hould be &s;aid, That this con|cernes onely Sugge&s;tors made again&s;t any to the King him&s;elfe; Its &s;aid in the Statute of the 25 of <HI>Edw.</HI> 3. Chap. 4. That <HI>no man &s;hall bee taken by Petition or &s;ugge&s;tion made to the King, or his Councell, &amp;c.</HI> And I am &s;ure the word <HI>Coun|cell,</HI> includes the Parliament; And lea&s;t it &s;hould be &s;aid, that there ought to be <HI>Particular matter,</HI> and <HI>probable proofes offered</HI> before the Impri&s;onment of the Members of Parliament: But its a Priviledge peculiar to them: the Parliament hath declared as much in the ca&s;e of <HI>other Per&s;ons,</HI> viz. When the King about <HI>Ianuary,</HI> 1642. in an&s;wer to the City <HI>Petition,</HI> de&s;ired that Alderman <HI>Penington,</HI> Alderman <HI>Foulk,</HI> Colonel <HI>Ven,</HI> and Colonel <HI>Manwaring,</HI> might bee Commit|ted to &s;afe cu&s;tody as guilty of <HI>high Trea&s;on,</HI> that they might bee proceeded a|gain&s;t by the cour&s;e of the <NOTE N="n" PLACE="marg">See 1. p. book Decl. pag. <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">40, 841.</NOTE> <HI>Law,</HI> Mr. <HI>Pim</HI> declared to the City by the Command of both Hou&s;es, and <HI>as their Sence,</HI> that <HI>Its against the rules of Iu&s;tice, that any man &s;hould bee Impri&s;oned upon a generall charge, when no Particulars are</HI> <NOTE N="o" PLACE="marg">See 1 par. book Decl. pag 845.</NOTE> <HI>proved again&s;t them.</HI> And be&s;ides the Priviledge of Parliament men obje|cted, extends not to <HI>Trea&s;on, Felony,</HI> or <HI>breach of the Peace;</HI> but in &s;uch ca&s;es any Member of Parliament may be <HI>Arre&s;ted</HI> by any <HI>mini&s;ter of Iu&s;tice,</HI> to the intent hee may be brought to Parliament, <HI>Corpus cum cau&s;a,</HI> and al&s;o detayned in &s;afe cu&s;tody till &s;uch time, <HI>See 1. part. book Decl. pag.</HI> 723, 724; and there|fore the Ca&s;e is generally inclu&s;ive, and to that purpo&s;e mo&s;t excellent are the Parliaments words in their Declaration of <HI>May</HI> 19. 1642. 1. p. <HI>book Decl. pag. 201. Wee conceive it a heynous Crime against the Law of nature, again&s;t the rules of Iu&s;tice, that innocent men &s;hould bee charged with &s;o high an offence as Trea&s;on in the face of the highe&s;t Iudicatory of the Kindome, without witne&s;&s;e, with|out evidence, without all po&s;&s;ibility of reparation in a Legall cour&s;e.</HI> <NOTE N="&rindx;" PLACE="marg">Reader take notice, that the &s;ingle Infor|mer again&s;t me, produced neyther Witne&s;&s;e nor evidence of what hee &s;aid, and I am left without all po&s;&s;ibility of reparati|ons in a legall way; becau&s;e the Parliament hath taken the fir&s;t cognizance of my &s;uppo&s;ed crime and in &s;tead of a Iu&s;tice of Peace committed me to Pri&s;on.</NOTE></P>
<PB N="15" REF="9">
<P>And doubtle&s;&s;e upon the &s;ame ground the Parliament refu&s;ed to <HI>&s;u&s;pend from the Hou&s;e,</HI> <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">d much more to impri&s;on the 11 Members accu&s;ed by the Army, though 5. Articles <NOTE N="p" PLACE="marg">See the book of the Arm. decl. pag, 47, 48. 49.</NOTE> were <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">en in again&s;t them, v<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">z. 1. <HI>That they had endeavoured to overthrow the rights of the Subiect in <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">rary wayes, and to delay and ob&s;truct iu&s;tice. 2. That they had deluded, &s;urprized, and abu&s;ed <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> Hou&s;e to provoke the Army to di&s;tempers, and re<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">and the reliefe of Jreland. 3. That they endea|<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">red the pulling the Armie in pieces, to the danger of the Kingdoms peace. 4. That they had en|<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">voured to rai&s;e forces, to li&s;t, and procure to be li&s;ted, Officers and Souldiers without the authority <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> Parliament, to imbroyle the kingdom in blood, for their own de&s;perate de&s;ignes. 5. That they had <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">vited and ab<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">tted tumul<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ous Reformado Officers to a&s;&s;emble at</HI> We&s;tmin&s;ter, <HI>to offer violence to, <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> enforce the Parliament.</HI> The Hou&s;e voted and declared about the 25. of <HI>June</HI> after the ex|<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">biting this charge: <HI>that by the Lawes of the Land, no iudgement could be given to &s;u&s;pend tho&s;e <GAP DESC="illegible" RESP="apex" EXTENT="1 word">. Members from &s;itting in the Hou&s;e before particulars were produced and proofs made.</HI> <NOTE N="q" PLACE="marg">See the Manife&s;to of the Ar|mie from <HI>Vxbridge Iune</HI> 27. upon the&s;e Votes book decl. pag. 70.</NOTE></P>
<P>I have thus inlarged my di&s;cour&s;e of this particular, to &s;atisfie all men that my <HI>de&s;ire of a <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> warrant</HI> or <HI>commitment</HI> was grounded upon the <HI>Parliaments own Declarations,</HI> as well <HI>a<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">aw,</HI> and that malice it &s;elf might not dare to adjudge me for that <HI>humble and peaceable de&s;ire,</HI> <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> contemner of the authority of Parliament, for the pre&s;ervation of which I &s;hall run <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ch manifold hazzards.</P>
<P>Neither was there any nece&s;&s;ity to &s;peak thus much in relation to what Mr. <HI>Ma&s;ter&s;on</HI> in|formed again&s;t me. For he accu&s;ed me of no crime, unle&s;&s;e it be a crime to relate to hone&s;t <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">n, what <HI>I</HI> heard of the tumu<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">uo<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">&s;ne&s;&s;e of the <HI>poor in Wilt&s;hire,</HI> or to tell them what <HI>I</HI> <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ard &s;ome <HI>Lords</HI> were willing to condi&s;cend to, in relation to their priviledges and their <HI><GAP DESC="illegible" RESP="apex" EXTENT="1 letter">gi&s;lative</HI> power, though this latter was fal<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">e and not &s;poken by me.</P>
<P>Now if any &s;hall inquire how an order pa&s;&s;ed the Hou&s;e to commit me for <HI>trea&s;onable and <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ious practi&s;es again&s;t the State, J</HI> mu&s;t returne an <HI>Jgnoramus:</HI> its tran&s;cendently above the <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">&s;phere of my under&s;tanding.</P>
<P>But lea&s;t the <HI>gri&s;ly a&s;pect</HI> of <HI>&s;uch horrid words</HI> &s;eeming to relate to &s;ome <HI>mon&s;trous crimes,</HI> <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ould <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ffright or amaze my friends, <HI>I</HI> &s;hall give them a briefe account of <HI>trea&s;on,</HI> which yet is <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">laid to my charge, &amp; what it is in law, and J &s;hall not trifle about the derivation of the <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ord, as from <HI>Trahir,</HI> treacherou&s;ly to betray, &amp;c.</P>
<P>All offences which are trea&s;on, are comprehended <HI>literally and expre&s;ly</HI> in the Stat of 25. <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> <HI>Edw.</HI> 3. c. 2. And this Statute hath been confirmed, and more honour given to it by Par|<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ments, then to any other except <HI>Magna Charta:</HI> as the Stat. of the 1. <HI>Hen.</HI> 4. c. 10. Re|<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ing, that whereas at a Parliament holden 21. <HI>R.</HI> 2. divers pains of Trea&s;on were ordained <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> Statute, in &s;o much, as there was no man did know how to behave him&s;elf to <HI>doe, &s;peak, <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">&s;ay,</HI> for doubt of &s;uch <HI>paines.</HI> Its enacted by the King the Lords and Commons, that in no <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">me to come, any trea&s;on be adjudged of, otherwi&s;e then it was ordained by the Stat of 25. <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">d. 3. c. 2. and the Stat. of 1. Ed. 6. c. 12. and 1. <HI>M<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">. Ch.</HI> 1. Se&s;&s; 1. Now all the offences which are contained in that Stat. of 25. Ed. 3. may be divided into &s;ix <HI>Cla&s;&s;es,</HI> the fir&s;t con|cerneth <HI>death,</HI> which is either a compa&s;&s;ing or imagining the <HI>death of the King, Queen,</HI> or <HI>Prince,</HI> and declaring the &s;ame by &s;ome <HI>Covert deed,</HI> or a <HI>killing</HI> and <HI>murthering</HI> &s;ome <HI>Officer of <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">&s;tice</HI> in their places, doing their offices, as the <HI>Chancellor, Trea&s;urer, Ju&s;tices</HI> of the one <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ench and of the other, <HI>Ju&s;tices in O<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">re,</HI> &amp;c The 2. kind of Trea&s;on, is the violation of, or carnall knowing of the <HI>Queen,</HI> the Kings elde&s;t <HI>daughter,</HI> or the <HI>Princes wife.</HI> The 3 is, <HI>levy|<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">g warre</HI> again&s;t the <HI>King.</HI> The 4. is, <HI>adhering</HI> to the Kings <HI>enemies,</HI> within the Realm or without, and declaring the &s;ame by Court Act. The 5. is, counterfeiting the <HI>great Seale,</HI> the <HI><GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ivie Seale,</HI> the Kings <HI>coyne.</HI> The 6. is, bringing into the Realm <HI>counterfeit money</HI> to the like|ne&s;&s;e of the Kings coyne. Now unle&s;&s;e an offence be within one of the&s;e Cla&s;&s;es or heads its <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> high trea&s;on. See <HI>Cooks</HI> 3. part, in&s;t. pag. 3. 4. But let the Reader ob&s;erve, that the King
<PB N="16" REF="10"> in this &s;tatute, is taken in hispolitick capacity as he is a man, there is no trea&s;on can be com|mitted again&s;t him, but only as he is a per&s;on tru&s;ted with &s;uch high authority, and &s;o th<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> levying warre again&s;t the Lawes and authority of the King, is a levying warre again&s;t th<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> King, <NOTE N="r" PLACE="marg">See the Parl. Rem. of <HI>May</HI> 26 book decl. pag. 727.</NOTE> though it be not again&s;t his per&s;on, yea, though tho&s;e who levie the war, have th<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> per&s;onall command of the King for it.</P>
<P>This Stat. provided &s;ufficiently, that the people &s;hould have a <HI>cleare rule</HI> whereby to mea|&s;ure <HI>their actions in ca&s;e of trea&s;on,</HI> &s;o as to be &s;ecure from the Judges malice or inju&s;tice, th<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> words are po&s;itive and exclu&s;ive, as to them, <HI>that they &s;hall not judge any thing trea&s;on, which <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> not &s;pecified in this Act, the word &s;pecified</HI> is to be ob&s;erved, which is as much as to &s;ay <HI>particula|rized,</HI> or &s;et down particularly. But the <HI>&s;aluo, that the Judges in ca&s;e of any Act, not particularize<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> and &s;uppo&s;ed to be trea&s;on, &s;hould defer iudgement, and tran&s;ferre the ca&s;e to the King and Parliamen<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> who might declare it trea&s;on. This made the rule of the peoples actions, as to Parliaments to be whol|ly uncertain, this</HI> &s;aluo <HI>was like a drawn &s;word hanging over every mans head by the &s;lender thre<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> of a con&s;equence or illation.</HI> And by this divers were condemned by the <HI>King and Parliament</HI> a<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> <HI>Traytors,</HI> which could not have been condemned by the Statute, one was tran&s;ferred from th<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> Kings Bench to the Parliament in the 8. of <HI>Rich.</HI> the 2. and his fact was adiudged trea&s;o<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> and in the 11. of the &s;ame King <HI>Rich.</HI> 2. the <HI>Duke of Jreland,</HI> and <HI>Nevill Arch Bi&s;hop of Yor<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"></HI> were impeached of trea&s;on by <HI>Gloce&s;ter, Arundell,</HI> and <HI>Warwick,</HI> and though their facts wer<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> not trea&s;on by the Statute; yet by vertue of the <HI>&s;aluo</HI> they were convicted of <HI>trea&s;on,</HI> and i<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> the 21. of <HI>Rich.</HI> 2. the King and Parliament rever&s;ed that &s;entence, and by the &s;ame <HI>&s;alu<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"></HI> tho&s;e three Noble men their accu&s;ers were adiudged Traytors, and in the 10. of <HI>Hen.</HI> 4. h<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> &s;ucce&s;&s;or, that revocation of the &s;entence again&s;t the <HI>Duke of Jreland and Nevell</HI> which wa<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> in the 21. of <HI>Rich.</HI> 2. was againe repealed, and the &s;entence again&s;t them, in the 11. of <HI>R.</HI> <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> was e&s;tabli&s;hed, thus by this uncertain <HI>provi&s;o, trea&s;on</HI> was to&s;&s;ed to and fro, and no ma<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> knew when he was &s;afe, becau&s;e the <HI>rule of their actions were uncertaine,</HI> according to the o<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> maxime, <HI>mi&s;era &s;ervitas ubi ius e&s;t vagum et <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ncertam.</HI></P>
<P>But in the Parliament of the 1. H. a petition was preferred to have Trea&s;on limited with<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> in &s;ome &s;tatute, becau&s;e they knew not what to &s;peak, nor what to do; lea&s;t it be <HI>adiudged trea|&s;on,</HI> and hereupon was that &s;tatute made of the 1. of H. 4. c. 10. whereby that uncertain pro|vi&s;o was repealed, and it was inacted that in times to come, nothing &s;hould be <HI>e&s;teemed trea|&s;on;</HI> but what was <HI>litterally contained</HI> in the Statute of 25. E. 3. c. 2. And in the 1. of Ma. S<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> 1. this was confirmed that nothing &s;hould be adiudged high Trea&s;on, pettie Trea&s;on, <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> Mi&s;pri&s;ion of Trea&s;on, but what was <HI>declared and expre&s;&s;ed</HI> in the 25. of Ed. 3. c. 2. This wo<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> <HI>expre&s;&s;ed</HI> &s;aith <HI>Cook</HI> 3. part in&s;tit. p. 24. excludedeth all implications or inferences what&s;oe|ver, <NOTE PLACE="marg">See <HI>Cooks</HI> 3. part in&s;tit. p. 9.</NOTE> <HI>Now nihill relictum e&s;t arbitrio iudicis neque parliamenti,</HI> there is no con&s;tructive nor i<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">+terpretative trea&s;on by arguments, <HI>a minori ad maius,</HI> or a &s;imili, either from the like fact, <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> from the le&s;&s;er to the greater. Neither is there any intentionall trea&s;on, &s;aving again&s;t th<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> Kings life. If per&s;ons &s;hould <HI>con&s;pire</HI> to <HI>levie Warre,</HI> it were no trea&s;on, for by the Statu<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> there mu&s;t be levying warre <HI>in facto, actually</HI> before it be <HI>trea&s;on.</HI></P>
<P>Now in my humble opinion, the King by con&s;equence or influence cannot iu&s;tly decla<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> the act of any man to be trea&s;on according to this &s;tatute, unle&s;&s;e it be contained in the ex|pre&s;&s;e letter thereof, and I humbly offer the&s;e rea&s;ons.</P>
<P>1. This Statute is a <HI>declarative Law,</HI> and &s;hould it be taken by equity, or con&s;truction th<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> implyes a contradiction. 2. This is a penall law, and &s;uch can admit of no con&s;truction or i<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">+ferences. <HI>Penalties</HI> are to per&s;wade to the <HI>keeping</HI> of <HI>known lawes,</HI> not of <HI>Lawes coniectura<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> ambiguous,</HI> and to be taken by <HI>con&s;equence,</HI> which perhaps the mo&s;t learned Lawyers may n<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> imagine to be intended by them, and much le&s;&s;e the people. Doubtle&s;&s;e they are to concer<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> that in ca&s;e they obey the &s;tatutes according to the Letter, they are not lyable to any penal<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"></P>
<PB N="17" REF="10">
<P>And J find that the Parliameut in the 13. of <HI>Eliz.</HI> did exactly ob&s;erve this law, that no|thing &s;hould by vertue of the &s;tatute <HI>be interpretative trea&s;on.</HI> They might have very plau&s;i|bly have impeached tho&s;e of trea&s;on which brought the <HI>Popes Buls from Rome</HI> to &s;tir up the <HI>people to mutiny and rebellion,</HI> and to take away the <HI>Queens life,</HI> but this fact was not contained in the preceeding &s;tatute, and therefore the per&s;ons not <HI>iu&s;tly guiltie of trea&s;on,</HI> &s;eeing they tran&s;gte&s;&s;ed no declarative law, &amp; yet that Parliament declared it to be trea&s;on for the time to come, during the Queens life, for any per&s;on to bring &s;uch Bulls from Rome to &s;tirre up the people to mutiny. Thus every Parliament may <HI>declare</HI> what <HI>crimes they plea&s;e</HI> to bee <HI>trea&s;on,</HI> but by common rea&s;on or light of nature, tho&s;e &s;tatutes mu&s;t referre only to <HI>future obedience;</HI> a reall crime committed <HI>before the making of a &s;tatute</HI> cannot be a breach of that &s;ta|tute becau&s;e it was not extant, <HI>in rerum natura.</HI></P>
<P>Now let hone&s;t hearts (which J under&s;tand be too many) that are troubled at my re&s;traint, upon pretence of <HI>trea&s;onable practi&s;es,</HI> &s;et them J &s;ay, be &s;atisfied from their own rea&s;on. Let them iudge whether a loving peaceable di&s;cour&s;e with hone&s;t men at a meeting to which J was invited, wherein the &s;ole purpo&s;e and intent of our hearts was to <HI>unite</HI> all wel minded peo|ple in matters of <HI>common concernment,</HI> that the di&s;tractions of the nation might be healed, and tho&s;e clouds of blood diverted, which are now impending. Jn which di&s;cour&s;e it was laid down as the <HI>principle maxime, that the authoritie of the Commons in Parliament mu&s;t be pre&s;erved and freed from contempt.</HI> Whether this di&s;cour&s;e J &s;ay can be either by the <HI>letter</HI> of the <HI>law trea&s;onable,</HI> or by con&s;truction, if that &s;hould be admitted, and malice it &s;elf made Judge.</P>
<P><MILESTONE UNIT="Que&s;t."> But &s;ome may yet inquire, whether J cannot imagine for what crime the Parliament &s;hould &s;u&s;pect me?</P>
<P><MILESTONE UNIT="An&s;wer."> I mu&s;t profe&s;&s;e, J reckon their re&s;training my per&s;on <HI>inter arcanu imperij,</HI> among&s;t the my&s;teries of &s;tate, and its <HI>opus Herculium,</HI> a work for <HI>Hercules</HI> in my opinion to find the &s;u&s;|pected Crime, yet <HI>I</HI> have ercted in my &s;elf a new Jnqui&s;itiou office, for that purpo&s;e, and J &s;hall give you a copy of &s;ome of the examinations taken.</P>
<P><MILESTONE N="1" UNIT="Interro."> Were not you &s;u&s;pected for promoting the large petition. </P>
<P><MILESTONE UNIT="An&s;wer."> This was not objected again&s;t me by the informer, neither could it be &s;aid, that I had ei|ther &s;ub&s;cribed, or procured any to &s;ub&s;cribe it: but &s;uppo&s;e I had gained 10000. &s;ub&s;ri|bers to that Petition, double&s;&s;e Petioners cannot be found in the Parliaments catalogue of &s;inners, &s;ure I am, I have &s;eene their names in red Characters, for Saints in their Kalender; in the yeare 1642. when the Lords would not concurre in the Ordinance for &s;etling the Militia, the Petitioners of Surrey and Hartford &s;hire, which in effect, <HI>de&s;ired leave to prote&s;t again&s;t tho&s;e Lords which would not agree to the votes of the Commons,</HI> tho&s;e Petioners, J &s;ay were accounted among&s;t not the lowe&s;t order of Englands worthyes, and many thou|&s;ands of poore about <HI>London,</HI> which petitioned again&s;t the Malignant faction, and de&s;ired, that <HI>tho&s;e Peeres which concurred with the Commons in their happy votes, mght be de&s;ired, to &s;it and vote with the Commons as one intire body,</HI> though the language of the petition was threatning, &s;aying they <HI>&s;hould be inforced to lay hold on the next remedie, which was at hand, to remove the di|&s;turbers of their peace, &amp;c.</HI> the&s;e Petitioners were accounted gallant Engli&s;h Champions, and their petitions &s;ent by the Commons to the Lords at a conference, and &s;uch Con&s;tables were checked, as attempted to di&s;turb the people which met in great multitudes to &s;ub&s;cribe petitions again&s;t things e&s;tabli&s;hed by law, and a Ju&s;tice of the peace committed to the <NOTE PLACE="marg">See 1. part book decl. <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">p<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ge 547, 548.</NOTE> Tower for executing a warrant from the Lords, for &s;eting watches under p<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">etence of avoid|ing Tumults, to hinder the peoples re&s;orting in great mnltitudes, to the Hou&s;e to preferre petitions, <NOTE N="t" PLACE="marg">See fir&s;t book decl. pag. 532.</NOTE> yea the Lords and Commons both in their Remon. of <HI>May</HI> 26. 1642. acknow|ledged it to be their duty, to receive petitions, the&s;e are the words; <HI>we acknowledge, that we have received petitions for the removall of things e&s;tabli&s;hed by law, and we mu&s;t &s;ay, and all that</HI>
<PB N="18" REF="11"> <HI>know what belong to the cour&s;e and practi&s;e of Parliaments, wil &s;ay, that we OVGHT to do &s;o,</HI> <NOTE N="u" PLACE="marg">See fir&s;t parr book dec. p. 720.</NOTE> and upon the late <HI>London</HI> petition in <HI>Novem.</HI> la&s;t the Commons declared, <HI>that it was the people<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> right to petition, and their right to iudge of Petitions,</HI> whence it is clearly to be inferred that it is the peoples right to petition, for what&s;oever &s;eemes good to them though it be really evill, otherwi&s;e it were not the Parliaments right to judge of their petitions, certainly it is not the Parliaments right to walke contrary to common equity, or to reject the good de&s;ires of the people promoted que&s;tionles, the Armys eye could not with patience reade in the petition<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> of the bil of &s;candalous &s;inners, An order to &s;uppre&s;&s;e a petition, was the fir&s;t and the greate&s;t grievance <NOTE N="w" PLACE="marg">See the repre&s;en. of the Ar|mies grie|vances the decl. of <HI>Iune</HI> 14. &amp; Rem. of <HI>Iune</HI> 23.</NOTE> of the Army, the principal ground whereupon they undertook to oppo&s;e, &amp; en|counter with the Parliament, the prejudging petitions, &amp; abu&s;ing petitioners was a principle<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> article in the impeachment of the 11. Members.</P>
<P>And in their Remon. of <HI>Jnne</HI> 23. book decl. p. 60. &s;peaking of the Parliaments orde<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> to &s;uppre&s;&s;e their petitions, and the declaration again&s;t tho&s;e which &s;hould proceede in it<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> they have the&s;e words; <HI>that &s;uch proceedings again&s;t the Army and others i. e. Lodnon Petitioner<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> doe carie with them &s;uch a face of inju&s;tice, arbitrarine&s;&s;e oppre&s;&s;ion and tyranny (as we thinke) is no<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> to be paral<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ld in any former proceedings of the mo&s;t arbitrary Court again&s;t any private men, bu<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> have brought in&s;ufferable di&s;honour upon the Parliament (which we are, and others ought to be &s;en&s;i|ble</HI> <NOTE PLACE="marg">x See the 6. of the charge book decl. pag. 83.</NOTE> <HI>of) hath tended to di&s;oblige all men from the &s;ame, and to de&s;troy all iust freedome both of Soldiers and Subiects:</HI> without controver&s;ie, the promoting a petition cannot be my &s;uppo&s;ed crime<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> I may take up the Parliaments owne wordes, with an addition, in the 3 Rem. <HI>May</HI> 26. 1642. book decl. p. 281. <HI>viz. that tho&s;e that &s;hall guide them&s;elves by the iudgement of</HI> Parliament <GAP DESC="illegible" RESP="apex" EXTENT="1 word"> and the Army al&s;o) <HI>ought whatever happens to be &s;ecure, and free from all accounts, and penalties, upon the grounds of equity<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> of the Stat. of the 11. of Hen. 7. chap. 1.</HI></P>
<P><MILESTONE N="2" UNIT="Interro."> But might there not be &s;u&s;pition that you would have rai&s;ed tumults.</P>
<P><MILESTONE UNIT="An&s;wer."> All which the Informer &s;aid again&s;t me at the barre, were no premi&s;es from whence &s;uch a conclu&s;ion could be inferred, but let my relation of the di&s;cour&s;e at the meeting be ob&s;erved: was not the prevention of Tumult<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> the maine principally in my eye? was it not the Center wherein al the lines of my di&s;cour&s;e were terminated? was it not for that end, that J pleaded &s;o &s;trongly, the nece&s;&s;ity of pre&s;erving the vi&s;ible authority of the Com|mons in Parliament from contempt? was it not to that Intent, that I exho<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ted the people, to endeavour the union, of all well minded People, and healing divi&s;ions? Certainly he mu&s;t come from the <HI>Antipodes</HI> or look through a <HI>Magick Gla&s;&s;e,</HI> that &s;hall Iudge &s;uch Di&s;cour&s;es or Endeavours to occa&s;ion Tumults.</P>
<P><MILESTONE N="3" UNIT="Intetro."> But might you not be &s;u&s;pected for undermining the Lords lawgiving power.</P>
<P><MILESTONE UNIT="An&s;wer."> My di&s;cour&s;e was no other, then a paraphra&s;e upon the Parliaments owne declaration of <HI>May</HI> 26. 1642. which declared in effect that according to the Kings oath, neither the King nor Lords had a right or libertie of di&s;&s;enting from the Lawes, which the Commons &s;hall chu&s;e; and by con&s;equence their a&s;&s;ent is of no validity, and while the Parliaments words are my text, and my conclu&s;ion rightly inferred: they are my guide, and &s;o I am free from ac|count, <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ut however there is neither Law nor equity, which renders me accountable for &s;peaking my opinion o<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> the peoples native freedome, and of the incroachments upon it.</P>
<P>To conclude I mu&s;t profe&s;&s;e that upon the mo&s;t rigid examination of my &s;elfe, I am not con&s;cious to my &s;elfe<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> in the pre&s;ent matters any tran&s;gre&s;&s;ion of the law of God or Man, in the lea&s;t puncti<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">io neither in action or in|tention, unles it be a crime that <HI>I</HI> was too &s;olicitous for the welfare of the common-wealth even to the total neg|lect of my private occa&s;ions, or unle&s;&s;e it be a crime to extend my utmo&s;t powers, to prevent the imminent dan|ger of confu&s;ion to the whole nation, or to unite the people in the common principles of &s;pirituall and civill free|dome, or unle&s;&s;e I mi&s;tooke the meanes to the&s;e happy end, which <HI>I</HI> conceived was to &s;upport and pre&s;erve from contempt, the authority of the Commons in Parliament.</P>
<P>Yet if any Eagle eye can di&s;cover an <HI>erratum</HI> in my actions, or intentions, let him reprove me &s;harply, and tho&s;e <NOTE PLACE="marg"><GAP DESC="illegible" RESP="apex" EXTENT="1 word"> <HI>Hic me|rus abene|nus e&s;t.</HI></NOTE> words of reproofe &s;hall be as pretious ointment, and untill then J &s;hall per&s;i&s;t in my opinion, that it is the duty of every one which is faithfull to God and his Country, to endeavour the union of the people in de&s;ires of immedi|ate &s;etlement of the foundations of common freedome, for the con&s;ciences and e&s;tates of all men equally, this on|ly can prevent the in&s;inuations of the Royall and Epi&s;copall party and prove a bullwarke within a wall <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">|bra&s;&s;e about the Nation.</P>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
