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<NAME>John Latta</NAME>
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<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>A DEFIANCE AGAINST ALL ARBITRARY USURPATIONS Or Encroachments, either of the Hou&s;e of LORDS, or any other, upon the Soveraignty of the Supreme Hou&s;e of COMMONS, (the High Court of Judicature of the Land) or upon the Rights, Properties and Freedoms of the people in generall.</P>
<P>Whereunto is annexed, A Relation of the unju&s;t and barbarous proceedings of the Hou&s;e of LORDS, again&s;t that worthy Commoner, Mr. <HI>Overton,</HI> who &s;tandeth by them committed to the mo&s;t contemptuous Goal of Newgate, for refu&s;ing to An&s;wer to Interrogatories, and Appeal|ing from that Court to the Honourable Hou&s;e of <HI>Commons</HI> (as by the great Charter of Eng|land he was bound) for the triall of his Cau&s;e.</P>
<P>How&s;oever the Hou&s;e of LORDS do &s;ugge&s;t in their Commitment of him, that it was for his contemptuous words and ge&s;ture, refu&s;ing to an&s;wer unto their Speaker.</P>
<P>Which being every mans ca&s;e, is publi&s;hed by his friends for the publick benefit of all the Free-born people of England, as it was enclo&s;ed in a Letter to one of his Friends.</P>
<Q><P>Deo, Patriae, tibi.</P></Q>
<P>Printed in the Yeer 1646.</P>
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<DIV1 TYPE="letter">
<PB REF="2">
<PB N="1" REF="2">
<OPENER><SALUTE>Worthy Friend,</SALUTE></OPENER>
<P>_THe great and continued experience of your endeared affections towards me, of your uprightne&s;&s;e, valour, and fidelity through manifold afflictions both anci|ent and pre&s;ent, for the publick weal, and &s;afety of all men in generall, and of the hone&s;t and godly in &s;peciall, hath &s;o emboldned me with you, as not to count it pre&s;umption to &s;ingle you out from the re&s;t of my friends in this time of my bonds to unbo&s;ome my impri&s;oned thoughts unto you, as knowing you to be a man much &s;en&s;ible and grieved at the oppre&s;&s;ions, mi&s;eries, and calamities of the people; which if not narrowly and wi&s;ely ob&s;erved, and di&s;covered by the more con&s;ci|en&s;cious and knowing, will prove for ever incorrigible, and help|le&s;&s;e. But for me to undertake the cure of this Nationall Di&s;ea&s;e, were ju&s;tly to incur the cen&s;ure of ignorant pre&s;umption, by rea&s;on of my own known in&s;ufficiency; yet into the Trea&s;ure of your pri|vate con&s;ideration I &s;hall be &s;o bold as to ca&s;t in my mite, not doubting of your friendly con&s;truction, pre&s;enting you for your bet|ter information and &s;atisfaction, with a narrative of the illegall and barbarous proceedings of the Hou&s;e of Lords again&s;t me, concern|ing this their mo&s;t unju&s;t Commitment of my per&s;on to the Goal of Newgate, the which you may communicate to whom you &s;hall have occa&s;ion.</P>
<P>But fir&s;t be plea&s;ed with me to con&s;ider, that &s;uch and &s;o long hath been the Arbitrary encroachments, u&s;urpations, and inva&s;i|ons of the naturall Rights, properties, and freedoms of the people of this Nation, through the abu&s;ed power, and machivilian policy of the Kings, Lords, and Clergy-men thereof, that the &s;pirits of this people (naturally of them&s;elves noble and free) are even va&s;&s;ala|ged, and drawn into an incon&s;iderate di&s;like of their own primitive, naturall, and Nationall Rights, Freedoms, &amp; Immunities, in&s;omuch that they per&s;ecute, and condemne all &s;uch among&s;t them (as Tray|tors, Rebels, and Enemies to all Government) that are more con&s;ci|ous, and carefull of their own naturall properties, and &s;hall but en|deavour to pluck off the Clergy-&s;cales of in&s;inuation, flattery, and
<PB N="2" REF="3">adulation, from their darkned eyes, endeavour to di&s;cover &amp; break the <HI>Norman</HI> yoke of cruelty, oppre&s;&s;ion, and tyranny from off their necks, and &s;et their heels at liberty from the Prerogative fetters of the Hou&s;e of Lords, (by opening the Cabinet of their machivilian policy, again&s;t the peoples Liberties, that tho&s;e U&s;urpers might be di&s;covered in their deceit, as their Ma&s;ters were in their King-craft, and the peoples deluded under&s;tandings be undeceived) the&s;e in|&s;tead of gratitude, &s;hall be rewarded with hatred, and the malefa|ctors portions for their faithfull endeavours, and good intentions.</P>
<P>Yea, &s;uch hath been the mi&s;terious mi&s;chievous &s;ubtilty from ge|neration to generation of tho&s;e cunning U&s;urpers, whereby they have driven on their wicked de&s;ignes of tyranny and Arbitrary do|mination, under the fair, &s;pecious, and deceitfull pretences of Li|berty and Freedom, that the poore deceived people are even (in a manner) be&s;tiallized in their under&s;tandings, become &s;o &s;tupid, and gro&s;ly ignorant of them&s;elves, and of their own naturall immuni|ties, and &s;trength too, wherewith God by nature hath inrich'd them, that they are even degenerated from being men, and (as it were) unman'd, not able to define them&s;elves by birth or nature, more then what they have by wealth, &s;tature, or &s;hape, and as bruits they'l live and die for want of knowledge, being void of the u&s;e of Rea&s;on for want of capacitie to di&s;cern, whereof, and how far God by nature hath made them free, if none have &s;o much magnanimity as to ingage betwixt them and their deceivers, as not onely Reli|gion, and Rea&s;on, but even Nature it &s;elf doth bind every man to do according to his power, whom God hath inabled, and honoured with any talent or mea&s;ure of abilities to that end, whatever perill or danger &s;hall en&s;ue, though of liberty, e&s;tate, or life, <HI>Quia nemo &s;ibi na&s;citur,</HI> Becau&s;e no man is born for him&s;elf.</P>
<P>But the task will be no le&s;&s;e difficult to effect, then perillous to attempt, for through this long continued flattery under tho&s;e Pre|rogative Task-ma&s;ters, the u&s;urping Lords, they are now &s;o be&s;ot|ted therewith, that they even e&s;teeme &s;owre &s;weet, and &s;weet &s;owre; u&s;urpation, and tyranny, better then naturall freedom and property; and &s;o are become <HI>contented &s;laves</HI> to tho&s;e in&s;olent, Arbi|trary, tyrannicall U&s;urpers; accounting it their honour to rob them&s;elves, and their po&s;terities, of their ju&s;t Birth-rights and Free|doms, to make tho&s;e domineering In&s;ulters magnificent and migh|ty, and them&s;elves and po&s;terities mi&s;erable, So that he who&s;oever
<PB N="3" REF="3">he is, or &s;hall be their Informer, mu&s;t not look to conquer all where he may at fir&s;t &s;eem to prevail, yet that may not excu&s;e his endea|vours, which are the di&s;charge of his duty: &s;eeing the ble&s;&s;ing comes in the u&s;e of the means, and it is impo&s;&s;ible that &s;o great &s;tupiditie &s;hould be either removed from this generation, or prevented in the next, except there be diligent, faithfull, continued, and powerfull endeavours u&s;ed.</P>
<P>And how dangerous and perillous the cure is to the Phy&s;itian of this Di&s;ea&s;e, may ea&s;ily be imagined, when <HI>Free-men by Nature</HI> are even &s;o unnaturall, and inhumane to them&s;elves and their own po|&s;terities, that they are &s;o ready with hazard of their lives and e&s;tates to purcha&s;e power even for their U&s;urpers, to be trampled under foot like mire in the &s;treet: and if they be thus unnaturall and in|humane to them&s;elves, much more to others whom they ignorantly and fondly not onely &s;uppo&s;e to be, but per&s;ecute them as their ene|mies, when as indeed they are their be&s;t and mo&s;t reall friends. And this di&s;po&s;ition and emper I have ob&s;erved to be common, e&s;peci|ally where the dregs of Regality, Peerage, Epi&s;copacy, or Presby|tery remain, for there, there appeareth nothing but wrath, anger, and revenge again&s;t the oppo&s;ers of u&s;urpation, tyranny, and cruel|ty; if they be but guilded and furbi&s;h'd over with tho&s;e formall ti|tles of honour obtained through their great policie, craft, and deceit.</P>
<P>Thus the people being ca&s;t into this temper of ignorance and va&s;|&s;alage (the one by them e&s;teemed, and fancied for wi&s;dom, the other for freedom) they are even fitted for their Arbitrary de&s;ignes, by and through who&s;e &s;trength and power, tho&s;e Machavilians do act, and without which they could not move or ever pro&s;ecute or accompli&s;h their politick de&s;ignes of oppre&s;&s;ion and cruelty upon them: never could the Arbitrary domination of Kings, Lords, Bi|&s;hops, or of our new up&s;tart Presbyters (newly re-royalliz'd) have win to &s;uch an exorbitant height in this Nation, it would never have been thus puft up, thus exalted with their Arbitrary venome, to have bur&s;t a&s;under in wars, emulations, and divi&s;ions, had it not been for the &s;otti&s;h and fond ignorance wherewith they have thus be&s;tially be&s;otted the people of this Nation, for the &s;pirit of emulation (&s;triving who &s;hould be greate&s;t) being ca&s;t in among&s;t tho&s;e u&s;urpers, the people are by tho&s;e fore-mentioned means fitted on both &s;ides, <HI>pro</HI> or <HI>con,</HI> for their purpo&s;e, to fight, and de&s;troy one
<PB N="4" REF="4">an other for the advancement of the&s;e Arbitrary Lords and u&s;urp|ers, if they do but tell them of Reformation in Religion, the Liber|ty and property of the people, when as indeed and in truth nothing le&s;&s;e is intended.</P>
<P>Yet do tho&s;e ignorant deceived &s;ouls run on, and, like hor&s;es, fu|riou&s;ly ru&s;h into the battell whether right or wrong, though all (God knows) under a fond imagination of their own weal, the publick property, &s;afety, liberty, and tranquillity, but how for the publick-weal, and &s;afety, the removall of oppre&s;&s;ions, and tyrannies, op|pre&s;&s;ors and tyrants old or new, either Royall, Lordly, or Clericall in this Nation, the late great miraculous conver&s;ion (of the King, the Lords, Presbyters, and others) &s;hew clearly, what ever was, and is &s;till, intended for the people, even meer oppre&s;&s;ion, tyranny, &s;lave|ry, that's their doom, except they look better about them, and &s;tick clo&s;er to their own repre&s;entative Body the Commons a&s;&s;embled in Parliament; yea, and they to them too, for love cannot &s;tand on one &s;ide.</P>
<P>And the occurrences of the&s;e heavie times do clearly progno&s;ti|cate, that except the people of this Nation with their hearts, hands, lives, and e&s;tates, &s;tand clo&s;e to their own Hou&s;e of Commons, yea, and they to them, and do ju&s;tice, and relieve pri&s;oners, and all that are oppre&s;&s;ed, e&s;pecially by the Lords, with re&s;olution and fidelity, in de&s;pight of the malice, power, policy, and force of Kings, Lords, and Presbyters, they them&s;elves will be reduced to their old bon|dage, &s;lavery, and oppre&s;&s;ion, if not to far wor&s;e; even more cruell, Lordly, and tyrannicall then ever before: yea, and this very Hou&s;e of Commons (the mo&s;t &s;upream Court of Judicature in the Land) will be &s;wallowed up, con&s;um'd, and confounded, and the &s;everall Members thereof proceeded again&s;t as Traytors, and Rebels to the King his Crown, and Dignity: yea and that cruell late Proclamati|on renewed, that a Parliament &s;hall be no more mentioned, as we have both dolefull experience at the untimely breaking up of former Parliaments, and dreadfull progno&s;ticks in this already, to wit, the Inditement of his victorious Excellency Sir <HI>Thomas Fairfax,</HI> with other gallant Patriots and Conte&s;tors for their Countreys Liberties and freedoms, at the A&s;&s;izes of <HI>Chester,</HI> as al&s;o Mr. <HI>Crab,</HI> and &s;everall others though of meaner rank and quality, yet men of approved hone&s;ty, valour and fidelity to the State; who have notwith&s;tanding (or rather for their reality and fidelity, been Indited, arraigned,
<PB N="5" REF="4">condemned, and fined 500 l. a piece, and impri&s;onment till it be paid, for nothing but for uttering their indignation and angui&s;h of mind again&s;t the cruelties, blood-&s;hed, and oppre&s;&s;ions of the King nefa|riou&s;ly perpetrated upon the people) in form or phra&s;e of words which was unplea&s;ing to their Caveleer&s;hips: the&s;e are but the be|ginnings of wo, which portend and threaten a generall and irre|coverable de&s;truction, if the Scotch Miracle of the <HI>Kings Conver&s;ion</HI> take but its proper effect, as God forbid, for nothing is betwixt it and them, but a <HI>re-advancement on the Royall Throne,</HI> and then farewell Parliaments, Laws, Priviledges, Freedoms, Liberties, and all.</P>
<P>Therefore, &s;ee Engli&s;hmen, that have true hearts, and love to the Hou&s;e of Commons, ye that de&s;ire the &s;afety and pre&s;ervation there|of, the peace, weal, rights, liberties and freedoms of this Nation, ye that would do as you would be done unto, that would have your neighbour injoy the fruit of his own labour, indu&s;try, and &s;weat of his brow, the freedom of his Con&s;cience and e&s;tate, his own natu|rall right, and property, and have none to invade or intrench upon the &s;ame, more then you would have upon your own.</P>
<P>Ye in &s;peciall be encouraged again&s;t all oppo&s;ition and en|croachment of Kings, Lords, or others upon the Hou&s;e of <HI>Commons</HI> their rights and properties derived from the people, and &s;ave them, or el&s;e ye will all &s;peedily fall. Keep up their names, titles, honours, and priviledges above all u&s;urpations what&s;oever, either of Lords, or others. And acknowledge none other to be the Supreme Court of Judicature of this Land but the Hou&s;e of <HI>Commons,</HI> and in this gal|lant re&s;olution live and die, and acquit your &s;elves like men: for my part I'le tread upon the hotte&s;t coals of fire and vengeance that, that parcell of men, intitled, <HI>The Hou&s;e of Lords,</HI> can blow upon me for it.</P>
<P>And though I be in their Prerogative clutches, and by them un|ju&s;tly ca&s;t into the pri&s;on of Newgate for &s;tanding for my own, and my Countreys rights and freedoms, I care not who lets them know that I acknowledge none other to be the &s;upream Court of Judica|ture of this Land, but the Hou&s;e of Commons, the Knights and Bur|ge&s;&s;es a&s;&s;embled in Parliament by the voluntary choice, and free election of the people thereof; with whom, and in who&s;e ju&s;t defence I'le live and die, maugre the malice of the Hou&s;e of Lords. For I ac|knowledge that I was not born for my &s;elf alone, but for my neigh|bour as well as for my &s;elf; and I am re&s;olv'd to di&s;charge the tru&s;<GAP DESC="illegible" REASON="faint" EXTENT="1 letter"> which God hath repos'd in me for the good of others, with all dili|gence
<PB N="6" REF="5">and fidelity, as I will an&s;wer it at Gods great Tribunall, though for my pains I forfeit the life and earthly being of this my little thimble full of mortality.</P>
<P>And the&s;e are further to let them know, that I bid defiance to their inju&s;tice, u&s;urpation and tyranny, and &s;corn even the lea&s;t con|nivance, glimp&s;e, jot, or tittle of their favour: let them do as much again&s;t me by the Rule of Equity, Rea&s;on, and Ju&s;tice for my Te&s;ti|mony and Prote&s;tation again&s;t them in this thing as po&s;&s;ibly they can, and I &s;hall be content and re&s;t: for, <HI>Nihil quod e&s;t contra rationem e&s;t licitum;</HI> Nothing which is again&s;t rea&s;on is lawfull, it is a &s;ure maxime in Law, for Rea&s;on is the life of the Law. But if they tran&s;|gre&s;&s;e, and go beyond the bounds of rationality, ju&s;tice, and equity, I &s;hall to the utmo&s;t of my power make oppo&s;ition and conte&s;tation to the la&s;t ga&s;pe of vitall breath; and I will not beg their favour, nor lie at their feet for mercy; let me have ju&s;tice, or let me peri&s;h. I'le not &s;ell my birth-right for a me&s;&s;e of pottage, for Ju&s;tice is my na|turall right, my heirdome, my inheritance by lineall de&s;cent from the loins of <HI>Adam,</HI> and &s;o to all the &s;ons of men as their proper right without re&s;pect of per&s;ons. The crooked cour&s;e of Favour, great|ne&s;&s;e, or the like, is not the proper channell of Ju&s;tice; it is pure, and individuall, equally and alike proper unto all, de&s;cending and run|ning in that pure line &s;treaming and i&s;&s;uing out unto all, though grievou&s;ly corrupted, vitiated, and adulterated from generation to generation.</P>
<P>Why therefore &s;hall I crave my own, or beg my right? to turn &s;upplicant in &s;uch a ca&s;e is a disfranchi&s;ing of my &s;elf, and an ac|knowledgement that the thing is not my own, but at another mans plea&s;ure; &s;o that I for&s;ake and ca&s;t off my property, and am in&s;lav'd to his arbitrary plea&s;ure: if the other will, I may have po&s;&s;e&s;&s;ion, otherwi&s;e not. Which indignity to my own, or to my Countreys rights, their Lord&s;hips &s;hall never enforce me; for it is no better then a branch of tyranny to force a man to turn &s;upplicant for his own, and of &s;elf-robbery to &s;ubmit thereto. Though this in&s;laved Nation be mo&s;t deeply and mi&s;erably involved in that intolerable condi|tion, &s;o that indeed we cannot have our own naturall rights and immunities, but we mu&s;t be either patient &s;ufferers, or actuall Peti|tioners, as if our own were not our own of right, but of favour.</P>
<P>What is this other but an utter disfranchizement of the people, and a meer va&s;&s;alage of this Nation, as if the Nation could have
<PB N="7" REF="5">nothing by right, but all by favour, this cannot hold with the rule of <HI>mine and thine,</HI> one to have all, and another nothing: one's a gen|tleman, th'other a begger; &s;o that the birth-rights, freedoms, and properties of this Nation are thereby made the&s;e <HI>great Mens Alms;</HI> and we mu&s;t come with <HI>hat in band, with good your wor&s;hips, May it plea&s;e your Honors my Lords,</HI> and with &s;uch like terms of va&s;&s;alage and &s;la|very for our own rights, as if we ought them <HI>Villein-Service,</HI> and held all the rights and properties we have, but by <HI>Tenure in Vill<GAP DESC="illegible" REASON="faint" EXTENT="1 letter">nage,</HI> and &s;o were their &s;laves for ever.</P>
<P>Indeed, if this Petitionary way be lawfull and expedient, onely in te&s;timony of re&s;pect, loyalty and obedience unto that Soveraigne power which all of us the Commons have cho&s;en out from among us, and &s;et up for the mutuall good both of us and them&s;elves (wher|unto out of a good con&s;cience we are bound in duty to &s;ubmit in all things ju&s;t, lawfull, hone&s;t and rea&s;onable) and not out of any Ar|bitrary re&s;pect, homage, or reverence which is not due; as if the Commoners ju&s;t liberties and freedoms were not their own of right, but of favour and grace. I &s;hall freely and willingly walk in that petitionary way, and make pre&s;entation of my ju&s;t &s;uits, as I &s;hall have occa&s;ion. And I hope the Honourable Hou&s;e of Commons (to whom that Power is convey'd, and in whom it onely and truly re|&s;ideth) doth require it from their fellow Commoners (the free peo|ple of <HI>England</HI>) in no other re&s;pect, but in te&s;timony of loyalty to them.</P>
<P>But tho&s;e Lords do challenge the Supremacy to them&s;elves, which I &s;hall make appear by this en&s;uing Relation to you as one of my deare&s;t friends, of their illegall practi&s;es, and unju&s;t proceedings again&s;t me a <HI>Free Commoner of England.</HI></P>
<P>Sir, it is not unknown to me how various and different the reports haue been about this bu&s;ine&s;&s;e, e&s;pecially concerning my words and ge&s;ture when I was brought before the Hou&s;e of Lords: But though divers will account it to be vain-glory, pride, ambition, folly, and what not, for me to make a narration of mine own &s;peech and be|haviour; yet or you, and the better &s;ort, with whom I may be bold, it is pre&s;umed that even my own recapitulation or rehear&s;all thereof, will be taken in the be&s;t &s;en&s;e, e&s;pecially now when nece&s;&s;ity hath no Law, both my ju&s;<GAP DESC="illegible" REASON="faint" EXTENT="1 letter"> cau&s;e lying (as it were) at the &s;take, and my &s;elf being in pri&s;on, and therefore as if I were pre&s;ently to &s;uffer, what tho&s;e unju&s;t troublers of my peace, and infringers of my li|berty
<PB N="8" REF="6">would inflict, if their power were as large as their will, I will pre&s;ent you with a full relation of the very truth of all that hath yet pa&s;t between them and me, both that you may be rightly informed thereof, and others al&s;o by your means; if it can no otherwi&s;e be conveniently divulged to the whole Commons of <HI>England</HI> for their information and &s;atisfaction, as a bu&s;ine&s;&s;e no le&s;&s;e belonging unto them, alwayes to weigh and con&s;ider, then it is trouble&s;ome at this time for me to undergo.</P>
<P>Upon Tue&s;day, <HI>Augu&s;t</HI> 11. 1646. one <HI>Robert Eeles,</HI> a Journeyman Printer, commonly known by the name of <HI>Robin the Divell,</HI> and one <HI>Abraham Eveling</HI> (dweller at the Green Dragon in the Strand) entred into my hou&s;e betwixt 5. and 6. a clock in the morning, and this <HI>Eeles</HI> at his fir&s;t entrance into my hou&s;e, &s;aid with a loud mena|cing voice, W&mdash;w&mdash;w&mdash;we will have him in his bed; then forth|with the &s;aid <HI>Eeles</HI> ran up the &s;tairs into my Bed-chamber with his drawn &s;word brand a&s;hed in his hand, and after him hurries the &s;aid <HI>Eveling</HI> with a Pi&s;toll in his hand ready cock'd, to the great affright|ment, terrour and amazement of my wi&s;e lying &s;ick in Child-bed; and as &s;oon as they had made this <HI>forceable entrie</HI> into my Chamber in this <HI>Ho&s;tile manner,</HI> the &s;aid <HI>Eeles</HI> with bended brows, and irefull look with his naked &s;word again&s;t me, &s;aid to me lying in my bed, <HI>Tut, tut, tut, ri&s;e up and put on your clothes:</HI> whereupon I aro&s;e out of my bed, (e&s;pying my wife as I came near her ready to &s;wound at that &s;udden affright) and taking my garments to put on, this <HI>Eeles</HI> pick'd my pockets, taking what he plea&s;ed out of them, for which, and for the re&s;t of his barbarous, tyrannicall, and illegall dealings with me he may expect Ju&s;tice; and then he ran&s;aked a Trunk, and taking out a pair of Britches felloniou&s;ly pick'd the pockets thereof. In the mean time I &s;lipt on my clothes, and went down the &s;tairs, and looking out at my doore, I e&s;pied certain Musketeers at my Gate; then tho&s;e Armed men above cried, <HI>Stop him, &s;top him:</HI> whereat I withdrew my &s;elf. And behind my hou&s;e were other Musketeers, who pre&s;ently ran with violence towards me, threatuing to knock me down with their Muskets, and to &s;hoot me; one &s;aying, if I had been &s;o near him as I was others, he would have run me through with his &s;word: and from this <HI>Ha&s;tile pur&s;uit</HI> I ded, but was &s;urpri&s;ed by them; and I was no &s;coner captivated, but the&s;e men al&s;o nimbly &s;lipt their &s;ingers into my pockets.</P>
<P>Thus in this ho&s;tile manner my per&s;on being &s;urpri&s;ed, the&s;e
<PB N="9" REF="6">men drag'd me away violently; And as they went, I demanded of them, <HI>What they were that thus by violence and force of Arms did a&s;&s;ault me? and what was their intent? and whether they bad any Authority for what they did?</HI> Not one of them all this while in the lea&s;t mentioning or producing any Authority or Warrant for what they did, but all of them (when I was in my own yard) encompa&s;&s;ing me round in that armed po&s;ture, did vilifie and abu&s;e me with divers &s;currulous and &s;cand alous reproaches; divers of them griping me in their clutches, and threatning to lay me neck and heels together, which was a mo&s;t in&s;ufferable affront, and inva&s;ion upon the rights, properties, and immunities of the free-born <HI>Commoners of England.</HI></P>
<P>For by the great Charter of the Laws, freedoms, and properties of the people thereof in &s;uch ca&s;es no mans property, per&s;on, hou&s;e, &amp;c. may be a&s;&s;aulted, entred, much le&s;&s;e by force of Arms in warlike po&s;ture invaded, or &s;eized upon, without Warrant fir&s;t &s;hewed or de|clared; and no violence, e&s;pecially by force of Arms, may be offered or committed again&s;t any of the free Denni&s;ons thereof, but in ca&s;es of violence, oppo&s;ition, and contempt of Authority truly Magi&s;te|riall: for the Law brings none under penalty, deprives no man of his liberty, per&s;on, or e&s;tate, looks upon none as its captive, before its Authority fir&s;t &s;hewed or declared to the party intended, and that by proper denomination or name, or el&s;e no man could be &s;afe at home or abroad, or have any certainty of his own liberty or pro|perty, either in per&s;on, goods, or e&s;tate; but daily &s;ubject to the rob|beries and murthers of rebellious and wicked men.</P>
<P>For as upon this ground the Kings appearing in ho&s;tility, and lea|vying of war again&s;t the Parliament and people is adjudged unna|tural, barbarous and illegall, being, he never yet hath produced any Legall Authority or true Magi&s;teriall Warrant for what he did: &s;o that during his time of the none appearance or in&s;pection thereof, the Parliament and people have &s;tood in their own defence, and the &s;ame both in point of Law and Con&s;cience is truly adjudged both rea&s;onable, equall and ju&s;t. Therefore by the &s;ame rule, that the whole State may oppo&s;e the King their Generall Man in this his ho|&s;tility for their nece&s;&s;ary defence, and their Action ju&s;tifyable by Law, as equall, rea&s;onable and ju&s;t; and the King condemned as il|legall, unnaturall and barbarous. Even &s;o upon the &s;ame ground, and by the &s;ame rule, that oppo&s;ition which is made by a particular man in his own nece&s;&s;ary defence, again&s;t the a&s;&s;ault or &s;udden ho|&s;tility
<PB N="2" REF="7">of certain other particular men upon his per&s;on, or hou&s;e, without any Warrant or Magi&s;teriall Authority for that their ho|&s;tilitie, is by the Law of the Land lawfull, ju&s;tifyable and equall; and the others condemned, as illegall, unju&s;t, unnaturall and barbarous. So that my ca&s;e (for that time being) is of the &s;ame nature with that of the Parliament again&s;t the King. If I mu&s;t be condemned for de|nying to &s;ubject my &s;elf to that their ho&s;tile a&s;&s;ault, and proffering to &s;tand in the ju&s;t and nece&s;&s;ary defence of my &s;elf, my wife and fa|mily, till the&s;e men had produced a Magi&s;teriall Warrant for that their ho&s;tility; th&eth;ilde; &s;o mu&s;t the Parlaments practi&s;es again&s;t the King.</P>
<P>Thus it will nece&s;&s;arily follow, that as my half houres re&s;i&s;t|ance of tho&s;e men is as ju&s;tifiable as the Parliaments four yeers re&s;i&s;t|ance of the King, and of the&s;e who have leavied the&s;e wars again&s;t the parliaments, and mu&s;t be proceeded again&s;t as Delinquents, tray|tors, and Enemies to the State: then tho&s;e which made this violent ho&s;tile inva&s;ion upon me de&s;erve little le&s;&s;e. For though that be not of the &s;ame degree, yet is it of the &s;ame kind and nature. So till their production and di&s;covery of a Magi&s;teriall Warrant, the&s;e Armed men thus a&s;&s;aulting my per&s;on, and invading my hou&s;e by force of Arms, appeared not to me for that time being in any magi&s;teriall capacity, neither indeed could they be &s;o accepted, by rea&s;on they made no appearance of di&s;tinction of them&s;elves from common men; &s;o that I could not in the lea&s;t take them for Magi&s;teriall per|&s;ons (no Magi&s;teriall Authority appearing) but for Murtherers, Theeves, and Robbers. For if a&s;&s;aulting of mens per&s;ons, invading and entring their hou&s;es, and taking what of their goods &s;uch men plea&s;e, and that all by force of Arms, be &s;imply a Magi&s;teriall Act, then All theeves and murtherers are ju&s;tified thereby; for their vio|lence is without any Magi&s;teriall Authority appearing: but by the Law it is therefore adjudged theft, murther, &amp;c.</P>
<P>Wherefore I hope the free Commoners of England, as they ten|der them&s;elves and their po&s;terities, their &s;everall weals, &s;afeties, and well-being, will now &s;eek for the &s;uppre&s;&s;ion and future prevention of &s;uch outrages, and incur&s;ions upon their rights, freedoms and liberties, though &s;uch in&s;olent u&s;urpations and tyrannies &s;hould be driven on by the men of the <HI>highe&s;t Arbitrary titles in the Land;</HI> again&s;t who&s;e inju&s;tice, tyrannies, u&s;urpations, and encroachments upon the Commoners of England their rights and properties, I have en|gagd my life for the delivery and freedom thereof: for better is it
<PB N="11" REF="7">that one or &s;ome few &s;hould peri&s;h, then a multitude.</P>
<P>But to proceed with our former Relation. After I was in this ho|&s;tile manner &s;urpri&s;ed, &s;ome of them did vilifie me for flying from them; to whom I replyed:</P>
<P><HI>Gentlemen, I did not flie from Authority, but from violence, ho&s;tile inva&s;ion, and pur&s;uit, for my hou&s;e being in this h<GAP DESC="illegible" REASON="missing" EXTENT="1 letter">&s;tile manner invaded, and looking out of my doores, and e&s;pying Musketeers at my gate, I was &s;truck into a &s;udden fear of my life: and bearing of no Magi&s;teriall Authority, nor &s;eeing the lea&s;t appearance thereof from them, but of ho&s;tile inva&s;ion and a&s;&s;ault, menacing nothing but death in my appearance: I therefore (as by nature I was bound) at|tempted to make an e&s;cape for the pre&s;ent pre&s;ervation of my life.</HI> And this I repeated divers times over to them, with &s;ome circum&s;tantiall va|riations in phra&s;e, but not in matter. Then in mo&s;t promi&s;cuous manner they uttered many reproachfull and menacing words and &s;peeches which I cannot well remember, by rea&s;on of the great con|fu&s;ion thereof, and mine own di&s;temper with my wife and childrens lamentable ca&s;e, and therefore I &s;hall omit them, untill I can better recapitulate my thoughts. Wherupon I bade them take notice how they had invaded and a&s;&s;aulted my per&s;on <HI>with Muskets, &s;words and Pi&s;tols: and how with drawn Sword and Pistol ready cock'd, by force of Arms had entred my hou&s;e, and therefore if they bad no Magi&s;teriall Warrant to &s;how for their Authority, I would not &s;ubmit unto them, but would &s;tand in the le|gall defence of my &s;elf, my own right and property, which thus by drawn &s;word and force of Arms they had a&s;&s;aulted and invaded:</HI> Adding this as a Rea|&s;on; <HI>That my Hou&s;e is my Ca&s;tle, my right and property, over which none hath power but my &s;elf, excepting lawfull Authority.</HI></P>
<P>And e&s;pying my neighbours gazing upon me, I de&s;ired them to <HI>take notice how tho&s;e men bad a&s;&s;aulted my per&s;on in this ho&s;tile manner, con|trary to the rights, freedoms and immunities of the free-born people of this Na|tion; and how they had be&s;et and &s;urrounded my hou&s;e with divers men armed in warlike manner.</HI> And further, I de&s;ired them to <HI>take notice, how tho&s;e armed men had entred and invaded my hou&s;e in this ho&s;tile manner; (which is my Ca&s;tle, my own pre&s;ert right and freedom) by force of Arms, even with drawn &s;words, and pi&s;t<GAP DESC="illegible" REASON="faint" EXTENT="1 letter">ls ready cock'd, to &s;urpri&s;e or kill me in my bed, and all without any magi&s;teriall Authority, none of them producing, mentioning, or &s;o much as confe&s;&s;ing hitherto any Magi&s;teriall Warrant for &s;uch kinde of pra|cti&s;es and proceedings.</HI></P>
<P>Then after &s;ome confu&s;ion and reiteration of their words, and au|&s;tere ge&s;ture towards me, I applyed my &s;elf unto them in this wi&s;e.</P>
<PB N="12" REF="8">
<P> <HI>Gentlemen, if you have any legall Authority, or Magi&s;teriall Warrant for what you do, then produce it, and I &s;hall freely &s;ubmit, otherwi&s;e I will not obey you: for &s;o far as you have Authority, and my farther will I yeeld my &s;elf.</HI> At which time they began to tell me they had a Warrant: And the fore|&s;aid <HI>Eveling</HI> pluck'd a paper out of his pocket, and began to read; whereupon I de&s;ired, <HI>that I might &s;ee what was read, le&s;t they &s;hould cheat me;</HI> but they grapl'd me &s;o violently, that I could not: but by the &s;ound of it I under&s;tood, that it was an Order from a Committee of Lords, to apprehend &s;u&s;pitious per&s;ons for Printing of &s;editious and &s;candalous books, and to bring them before the &s;aid Committee of Lords; Sub&s;cribed by the Earl of <HI>E&s;&s;ex,</HI> and the Lord <HI>Hun&s;den.</HI></P>
<P>To which I an&s;wered; <HI>Gentlemen, this is an Warram Magi&s;teriall for the apprehen&s;ion of me, for my name is not &s;o much as mentioned therein to be a &s;u&s;pitious or &s;editious per&s;on, or to be apprehended as &s;uch an one. And there|fore I not being taken notice of by the Law as a &s;editious or &s;u&s;pitious per&s;on, or by it nominated for &s;uch an one, I would not obey them: And therefore (&s;aid I) that was no Authority for me, and I would not obey it.</HI></P>
<P>Then attempting to go into my hou&s;e, they held me by force, and would not &s;uffer me, but a&s;&s;ayed forthwith to drag me away, threat|ning to lay me neck and heels together: Whereat I an&s;wered; <HI>Gen|tlemen, you may drag me away by violence, but I will not voluntarily &s;ubmit; which if you do, my going with you is not my own Act, but yours; not the Act of my &s;ubmi&s;&s;ion, but of your violence; for I for my part am re&s;olved by my own proper Act to &s;tand for my own Rights, that is, as much as in me lies to defend my per&s;on, hou&s;e, property, and freedom again&s;t all ho&s;tile and violent oppo&s;ition that is not by Magi&s;teriall Authority, and &s;o con&s;equently the rights, proper|ties, and freedoms of this Nation in generall.</HI></P>
<P>Then with a File of Musketeers they drag'd me away, and by force of Arms brought me to the Buil-Tavern at St. <HI>Margarets Hill</HI> in <HI>Southwarke,</HI> where they kept me pri&s;oner. And when I was there, I de|manded &s;o much my liberty as that I might &s;end for a friend; But the &s;aid <HI>Eveling</HI> denyed me of that benefit, which is my due by birth. Then I demanded of him, <HI>If he had my Authority to inhibite me of that liberty?</HI> And he told me <HI>be had no Order to permit it:</HI> To whom Ireply|ed, <HI>Sir, you <GAP DESC="illegible" REASON="faint" EXTENT="1+ letters">e not authoritatively infringe me of any of my Liberty without a Magi&s;terial I<GAP DESC="illegible" REASON="missing" EXTENT="1 letter">hibition, and no more may you deprive me of any thing more then you have Authority or Warrant to do.</HI> Yet not with&s;tanding he &s;till denied me of that my ju&s;t liberty: whereupon I knock'd for the <HI>Drawer,</HI> and told him that <HI>I would try what I could do, for I would not vo|luntarily
<PB N="13" REF="8">&s;uffer them to take from me &s;o much as any breadth of my liberty, that I would not onely &s;tand for my own rights, the common rights and immunities of this Nation; but even for the naturall Rights of them&s;elves in particular, and of their po&s;terities, though them&s;elves had dealt &s;o unfriendly and barbarou&s;ly with me as mortall enemies, thus not onely pleading, but working, yea and fighting for their own bondage.</HI></P>
<P>Then being urged by &s;ome of their frivolous &s;peeches, that my carriage would make wor&s;e both for me, and others: I affirmed on the contrary, my carriage was &s;uch that it would go well with me &s;o long as I &s;tood to the Law, and &s;uch like di&s;cour&s;e; and thus I ad|dre&s;&s;ed my &s;elf unto them.</P>
<P><HI>Gentlemen, I am re&s;olved by the grace of God, that what&s;oever either you, or any man, or men &s;hall do again&s;t me, I will not let go (by my own or proper con&s;ent) the <GAP DESC="illegible" REASON="missing" EXTENT="1 letter">ea&s;t punctillio, jot, title, or hare breadth of the ju&s;t Rights, free|doms, or libertie, either of my &s;elf, or of any other individuall, or of this Nation in generall: &s;tand or fall, live or die, come what come will, on this I am re&s;ol|ved, hoping &s;o to deport my &s;elf according to the Rule of Rea&s;on, equity and ju|&s;tice, that if I &s;uffer, it &s;hall not be for evill, but for well-doing, and righteou&s;|ne&s;&s;e &s;ake, for which is promi&s;ed a ble&s;&s;ing.</HI> And adding this further, <HI>that in ca&s;e, through the tyranny and inju&s;tice of &s;ome, I &s;hould &s;uffer, that notwith|&s;tanding that I did not doubt, but in my &s;ufferings it &s;hould appear unto them, that it was a friend of theirs, and of this Common-wealth, which by them was thus violently and illegally a&s;&s;aulted, and kept by force of Arms.</HI></P>
<P>Now during a great part of this time, the &s;aid <HI>Eeles</HI> with &s;ome Musketeers went out of the Tavern, and &s;taying a great while, at length they returned, and as &s;oon as they came in, they would have needs per&s;waded me that they had taken a Printing Pre&s;&s;e, and Prin|ting Materials of mine. But I an&s;wered, their bare affirmation was no &s;ufficient proof, and it was nece&s;&s;arie fir&s;t to prove before they did a flirm it: then this <HI>Eeles</HI> commanded me to go along with them; But I told him I was re&s;olved not to &s;tir a foot with them, except it were by violence; and if by violence, then it were not mine (as I &s;aid before) but their own act. Then the &s;aid <HI>Eeles</HI> took me by the hand, and drew me along out of the hou&s;e, and &s;o led me through the &s;treets in that contemptuous and di&s;gracefull manner among&s;t my neighbours, being &s;trongly guarded with armed men, as if I had been a Traytor, or a Fellon, &s;o that the &s;treets were fild with people, of whom I was abu&s;ed in a mo&s;t &s;candalous, &s;currulous manner, by ba&s;e and evill language.</P>
<PB N="14" REF="9">
<P> Whereat for my own reputation, I was forced to declare unto the people as I went along the &s;treets, that I was not apprehended by any Magi&s;teriall Authority or Warrant, but by violence, and force of Arms. Then the &s;aid <HI>Eeles</HI> call'd me Tub-preacher, and told me that I preached in the &s;treets; and did this on purpo&s;e to rai&s;e a mu|tiny: and if I would not be ruled, he would tye me neck and heels to|gether. Then I bade him do his wor&s;t, for I defyed his cruelty, and &s;corn'd his mercy. Then coming to St <HI>Mary Overies</HI> &s;tairs, they forc'd me into a Boat, and brought me to <HI>We&s;tmin&s;ter</HI>-&s;tairs; and when we were landed, this <HI>Eeles</HI> took me by the hand, and the &s;aid <HI>Eveling</HI> with his Pi&s;toll ready cock'd on the other &s;ide, with the Musketeers for their guard, I was by them contemptuou&s;ly led through <HI>Westmin|&s;ter Hall,</HI> and &s;o unto the Lords Hou&s;e. And coming to a private Chamber, where (as it &s;eems) &s;ate a Committee of Lords, as they &s;o &s;tyled them&s;elves, whereof the Earl of <HI>E&s;&s;ex,</HI> and Lord <HI>Hun&s;den,</HI> and others were.</P>
<P>Then the Earl of <HI>E&s;&s;ex</HI> demanded of me whether I were a Printer, or no? To whom I an&s;wered, Sir, I will not An&s;wer to any Que&s;ti|ons or Interrogatories what&s;oever, which may infringe either my own liberty, or the properties, rights and freedoms of this Nation. Whereat this <HI>Eeles</HI> &s;tanding by, &s;aid in a mo&s;t &s;cornfull deriding manner, that I was one of <HI>Lilburns</HI> Ba&s;tards. To whom I replyed, that I was free-born; and demanded of him wherefore he call'd me Ba&s;tard? But the Earl of <HI>E&s;&s;ex</HI> commanded his &s;ilence; and askt me the &s;econd time if I were a Printer? To whom I an&s;wered again, that I was re&s;olved to &s;tand to the rights, and properties of the people of this Nation, and therefore I would not An&s;wer to Interrogatories. Then they &s;peaking nothing to me, I de&s;ired of them to know where, or before whom I was. Then the Lord <HI>Hun&s;den</HI> &s;aid thus, You are be|fore a Committee of Lords which is the mo&s;t Supream Court of Judi|cature in the Land. Then I an&s;wered, What! is a Committee of Lords the mo&s;t Supream Court of Judicature in the Land? Then the Lord <HI>Hun&s;den</HI> &s;aid, You I make what you li&s;t of it; I &s;ay not &s;o. To whom I retorted thus: You &s;ay that I am before a Committee of Lords, which (Committee of Lords) is the mo&s;t Supream Court of Judicature in the Land. Then the Lord <HI>Hun&s;den</HI> an&s;wered again, that he did not &s;ay that, that Committee of Lords was the mo&s;t Supreme Court of Judicature in the Land; but that the Hou&s;e of Lords was the mo&s;t Supreme Court of Judicature in the Land.</P>
<PB N="15" REF="9">
<P> Here by the way may be ob&s;erved, the mo&s;t in&s;ufferable encroach|ment, and u&s;urpation of tho&s;e Lords over the priviledge, &s;upremacy, and &s;overaignty of the Hou&s;e of Commons. For be it granted that the Lord <HI>Hun&s;den</HI> did not intend in his minde, that <HI>the Committee of Lords was the highe&s;t Court of Judicature of the Land;</HI> yet he both &s;aid it, and meant it of the Hou&s;e of Lords. Now then whether the Hou&s;e of Lords be the Supreme Court of Judicature in the Land, may be ea&s;i|ly known, if it be but con&s;idered by whom they were cho&s;en to &s;it in Parliament: and if not by the Cities, Counties and Burroughs of the Land, then are the&s;e Lords neither Lords, nor Repre&s;enters of the people. And if they be neither Lords, nor Repre&s;enters, then at mo&s;t they cannot be Repre&s;enters of &s;o much as their own Tenants, but rather Pre&s;enters of them&s;elves in the Land, and therefore mu&s;t of nece&s;&s;itie be &s;ubordinate to tho&s;e who repre&s;ent the whole Nation; for by the rule of right rea&s;on, the le&s;&s;er mu&s;t needs be &s;ubject to the GREATER.</P>
<P>And therefore it was wi&s;ely and rationally provided by our pre|dece&s;&s;ors, in the Great Charter of England, that the repre&s;ented &s;hould be tried by the Repre&s;enters, the Commons by the Commons in criminall ca&s;es. For indeed the peoples &s;overaignty and power is onely in that their great and Supreme Court re&s;ident and force|able onely, whereunto it is conveyed by their election, con&s;ent, and approbation: &s;o that the&s;e Lords are not Lords of the Com|mons, nor &s;o much as of their own Tenants, &s;ave onely in exact|ing of their Rents (though thus unju&s;tly they do u&s;urp it) but are Lords onely in or among the Commons, and &s;o is every man Lord of his own property, how little or great &s;oever it be; And therefore the&s;e Lords and the whole people mu&s;t all be &s;ubordinate and &s;ubject to the <HI>Great Repre&s;entors</HI> of the Land: But it is &s;trong|ly reported, and much &s;u&s;pected by &s;ome, that the&s;e Lords (as their late exorbitant Actions and &s;ayings give too great cau&s;e of &s;urmi&s;e) would if they could paramont the Hou&s;e of Com|mons in an ab&s;olute &s;overaigntie of power, and &s;o &s;ubject both them and the whole Commons of England, whom they repre|&s;ent, to their own Lordly, as well as to their Ma&s;ter the Kings DO|MINATION.</P>
<P>For indeed were they the &s;upreme Court of Judicature in the
<PB N="16" REF="10">Land, then by vertue of that Judicative power, they might (in ca&s;es of the Commons non-concurrence) act and move alone by them|&s;elves, make Laws, Edicts, Statutes, &amp;c. without the Home of Com|mons, at their own Arbitrary plea&s;ures [which u&s;urpation would prove mo&s;t de&s;perate, and dangerous, and de&s;tructive: and therfore it behoves us to be wary and wi&s;e, for &s;uch men have ever been too &s;ubject to be puffed up with ambition and pride.] But the Power Le|gi&s;lative is onely re&s;ident in the Hou&s;e of Commons, originally de|rived, and legitimately i&s;&s;ued to them from the Commoners; &s;o that the King him&s;elf, and Lords together, cannot devi&s;e, make or e&s;ta|bli&s;h, aboli&s;h or rever&s;e any Law without the Commons But in ca&s;es of their non-appearance or departure, the Commons ever might do all tho&s;e things. In probation whereof, I will annex the Rea&s;ons of Ma&s;ter <HI>John Vowel,</HI> printed <HI>Cum Privi<GAP DESC="illegible" REASON="faint" EXTENT="1 letter">egio,</HI> and made u&s;e of by Mr: <HI>Pryn</HI> in his <HI>Soveraigne Power of Parliaments,</HI> pag 43.</P>
<P>When Parliaments were fir&s;t begun, and ordained, there were no Prelates or Barons of the Parliament; and the Temporal Lords were very few or none: and then the King and his Commons did make a full Parliament, which Authority was never hitherto abridged: [el&s;e how could the Commons have ca&s;t the Lords Spirituall from the Hou&s;e?]</P>
<P>Again, every Baron in Parliament doth repre&s;ent but his own per&s;on, &amp; &s;peaketh in the behalf of him&s;elf alone: But in the Knights Citizens and Burge&s;&s;es are repre&s;ented the Commons of the whole Realme, and every of the&s;e giveth not con&s;ent onely for him&s;elf, but for all tho&s;e al&s;o for whom he is &s;ent. And the King with the con|&s;ent of the Commons had ever a &s;ufficient and full Authority to make, ordain, and e&s;tabli&s;h good and whol&s;ome Laws for the Com|mon-wealth. Wherefore the Lords, being lawfully &s;ummoned, and yet refu&s;ing to come, &s;it, or con&s;ent in Parliament, cannot by their folly abridge the King and Commons of their lawfull proceedings in Parliament: Nor yet the King in his ab&s;ence abridge them, as Mr: <HI>Prin</HI> hath largely proved it in his <HI>Soveraigne Power of Parliaments.</HI> Which therefore is the Supreme or Upper, the Hou&s;e of Commons, or the Hou&s;e of Lords, I think may by this very ea&s;ily be re&s;olv'd. But to return to the Relation.</P>
<P>When the Lord <HI>Hun&s;den</HI> had call'd back his words, a Journey|man Printer began to prate again&s;t me: Then I askt him, <HI>whether he were a Lord or no? and who call'd him to &s;peak?</HI> But the Earl of <HI>E&s;&s;ex</HI> com|manded
<PB N="17" REF="10">him to hold his peace. Then I told them, that <HI>in my proper place I would make my defence.</HI> Then the Earl askt me where was that? I an&s;wered, <HI>Gentlemen, if you be a Committee of Lords, then I appeal from you</HI> (and &s;o con&s;equently from the whole Hou&s;e of Lords) to the Commons, I mean the Knights and Burge&s;&s;es a&s;&s;embled in Parlia|ment, by the free Election of the people. Then the Lord <HI>Hun&s;den</HI> laughed at me, and in a mo&s;t &s;cornfull deriding manner (as if it were &s;uch a ridiculous thing to appeal to the Commons) he taunt|ingly &s;aid, What? will you Appeal to the Hou&s;e of Commons!) This is <HI>Lilburn</HI>-like, he mu&s;t appeal to the Hou&s;e of Commons indeed; but when he came into We&s;tmin&s;ter-Hall, to whom then would he ap|peal?</P>
<P>Then I was commanded forthwith out of their pre&s;ence into the next Roome; where &s;tanding till that <HI>mu&s;t &s;upreme Court of Judicature in the Kingdom was ri&s;en,</HI> and as the Earl of <HI>E&s;&s;ex</HI> pa&s;&s;ed by me, I gave him an humble &s;alute; and that done, I put on my hat, the which the Earl e&s;pying, &s;aid, <HI>Look he &s;tands with his bat on.</HI> Then I putting off my hat, and in a mo&s;t courteous lowe manner gave him an other &s;a|lute, &s;aying, <HI>I would give unto him, as he was a Gentleman, all courteous and civill re&s;pect:</HI> that done, I put on my hat again. Then the Earl com|manded my hat to be pluck'd off: whereat a Gentleman &s;aid to me, <HI>Sirra, pluck off your bat, and pre&s;ently he &s;natch'd it off.</HI></P>
<P>By this we may &s;ee what State tho&s;e Lords (which in no wi&s;e doth per&s;onate or repre&s;ent the Land) u&s;urp over the Commons, as if by them they &s;hould be adorn'd as Gods; being not &s;ufficient that per|&s;ons &s;hould &s;tand bare to them when they are in Court of Judicature, but at other times al&s;o: it is more then any one of the Upper Hou&s;e (to wit, of the Knights and Burge&s;&s;<GAP DESC="illegible" REASON="missing" EXTENT="1 letter">s A&s;&s;embled, both their Judges and mine) would have exacted or required.</P>
<P>Then &s;ome certain &s;pace after I was brought before the Hou&s;e of Lords; and coming to their Bar, I gave them mo&s;t humble and lowe obey&s;ance: which I mention by rea&s;on it was otherwi&s;e reported: Then the Speaker demanded of me, <HI>whether I were a Printer, or no?</HI> To whom I an&s;wered: <HI>Gentlemen, I am re&s;olved not to make an&s;wer to any Interrogatories that &s;hall infringe my own property, right or freedome in parti|cular, or the rights, freedoms and properties of the Nation in generall.</HI> Where|at the whole Hou&s;e of Lords in a mo&s;t &s;cornfull deriding manner laughed at me, as I then conceived on purpo&s;e to da&s;h me out of countenance, and &s;o to hinder or weaken my ju&s;t defence: but I re|plyed,
<PB N="18" REF="11"><HI>Gentlemen, it doth not become you thus to deride me that am a pri&s;oner at your Barre.</HI></P>
<P>Whereat I was forthwith commanded out of their pre&s;ence. Thus we may &s;ee to what a heavie ca&s;e, and &s;ad condition, all of us are come; that a free Commoners challenging of his own properties, rights and freedoms, mu&s;t be had in deri&s;ion thus openly among&s;t the Hou&s;e of Lords: and that while&s;t they even &s;it in their <HI>Supreme Court of Judicature,</HI> as they call it: as if the Seat of Ju&s;tice were a place of deri&s;ion, mockerie, laughter and &s;ports; and not of Judgement, gravitie and ju&s;tice: except it &s;hould be &s;aid, <HI>Such carriage, &s;uch Court.</HI> For indeed Comedies, Tragedies, Masks and Playes are far more fit for &s;uch idle kind of men. Be&s;ides it is not onely rude, un|civill, and di&s;honourable to tho&s;e who hunt after honourable titles, and the highe&s;t places of Magi&s;tracie, but even to Magi&s;tracie it &s;elf, and therefore intolerable; for it is &s;uch an occa&s;ion of di&s;courage|ment to the party arraigned, and &s;o of di&s;abling him in his legall and ju&s;t defence again&s;t both tho&s;e and other their illegall proceed|ings, as will &s;carce ever be obliterated or forgotten.</P>
<P>And therefore the&s;e Lords in this tran&s;cendent manner pa&s;&s;ing the bounds of that Magi&s;teriall gravitie, di&s;cretion, mode&s;tie, and civilitie, which becometh Judges, I might well tell them that &s;uch behaviour did not become them, far le&s;&s;e to me a free Commoner, with whom they had nothing to do. And being carried back to the place where I was fir&s;t examined after the <HI>Superlative Hou&s;e</HI> aro&s;e, the Earl of <HI>E&s;&s;ex</HI> pa&s;&s;ing by asked me, If I had not been a Souldier; &s;aying, it was no que&s;tion which would infringe my liberty. To whom I an&s;wered: Sir, be plea&s;ed to forbear Que&s;tions, for I am re|&s;olved to an&s;wer to no Interrogatories at all. Then a little after they made my <HI>Mittimus,</HI> and &s;ent me to Newgate Goal, a Copie whereof is as followeth.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="court order">
<OPENER><DATELINE><DATE>Die Martis <HI>11.</HI> Augu&s;ti. <HI>1646.</HI></DATE></DATELINE></OPENER>
<P>IT is this day Ordered by the Lords in Parliament a&s;&s;embled, That <HI>Overton</HI> brought before a Committee of this Hou&s;e for Printing of &s;candalous things again&s;t this Hou&s;e, is hereby commit|ted to the pri&s;on of Newgate for his high contempt offered to this Hou&s;e, and to the &s;aid Committee by his contemptuous words and ge&s;ture, and refu&s;ing to an&s;wer unto the Speaker. And that the &s;aid
<PB N="19" REF="11"><HI>Overton</HI> &s;hall be kept in &s;afe cu&s;todie by the Keeper of Newgate, or his Deputie, untill the plea&s;ure of this Hou&s;e be further &s;ignified.</P>
<TRAILER>To the Gentleman U&s;her attending this Hou&s;e, or his Deputie, to be delivered to the Keeper of Newgate, or his Deputie</TRAILER>
<CLOSER><SIGNED>Jo: Brown Cler: Parliam.</SIGNED></CLOSER>
<CLOSER>Examinat: per <SIGNED>Ra: Bri&s;co Clericum de Newgate.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>Thus (Sir) I have given you a full view of the mo&s;t materiall pro|ceedings, whereby you may perceive the illegality, inju&s;tice, and ty|rannie of the Hou&s;e of Lords (vulgarly &s;o &s;tyled) again&s;t me; the which were it &s;imply again&s;t me in particular, it were of le&s;&s;e mo|ment; but in&s;omuch as the&s;e Lords have intrenched actually upon the rights and properties of one Commoner in particular, they have done it virtually unto all; for by the &s;ame rule they have made this inroad upon mine, they may do it unto all: and indeed an&s;werably they act, proceeding from one Commoner to an other, as the now depending ca&s;e of the&s;e worthy and famous &s;ufferers for their Countrevs rights and freedoms in con&s;cience, per&s;on, and e&s;tate. Liv: Coll: <HI>John Lilburne,</HI> and Mr. <HI>William Larner</HI> with his two Ser|vants doth evidence to the world; &s;o that if I &s;hould not have made oppo&s;ition to this their violent progre&s;&s;ion and inroad upon us, I &s;hould not onely have betrayed my <HI>own Rights,</HI> but (as much as in me lieth) <HI>my Countreys;</HI> with which infamy, ba&s;ene&s;&s;e, and infidelity I hope I &s;hall never be &s;tained.</P>
<P>But (Sir) If I may further trouble your patience, I de&s;ire you to ob&s;erve the nature of this my <HI>Commitment;</HI> Fir&s;t, it pretends a <HI>Crimi|nall Fast</HI> again&s;t me, to wit, the <HI>printing of &s;candalous things;</HI> but in ca&s;e I were as criminall as is by them pretended, and it could legally be proved again&s;t me, yet they well know (however they pre&s;ume) that they have no power of them&s;elves over <HI>Commoners</HI><NOTE N="*" PLACE="marg">Read the 5. E. 3 c. 9 &amp; <GAP DESC="illegible" REASON="page cropped" EXTENT="1 letter"> E 3. c. 4. Ma<GAP DESC="illegible" REASON="page cropped" EXTENT="1 letter"> Chat. c. 29. <GAP DESC="illegible" REASON="page cropped" EXTENT="1 letter"> Ror. Par nu<GAP DESC="illegible" REASON="page cropped" EXTENT="1 letter"> 60. 1 H 8. c <GAP DESC="illegible" REASON="page cropped" EXTENT="1 letter"> Cook 2. p<GAP DESC="illegible" REASON="page cropped" EXTENT="1+ letters"> In&s;tic. fol. 5 <GAP DESC="illegible" REASON="page cropped" EXTENT="1 letter"> See, 18 E. 3. <GAP DESC="illegible" REASON="page cropped" EXTENT="1 letter"> 3. &amp; 37 E. 3<GAP DESC="illegible" REASON="page cropped" EXTENT="1 letter"> 18.</NOTE> to pa&s;&s;e upon them try, &s;entence, fine, or impri&s;on any of them in criminall offences, and that this their pre&s;umption upon the Commoners is a <HI>Breach of the Priviledge of the Hou&s;e of Commons,</HI> to wit, as if the <HI>Soveraigne power</HI> were not in the Body Repre&s;entative, but in them&s;elves originall, and from them derivative, and not from the people. For the Sove|raigne power to pa&s;&s;e upon, try, &s;entence, fine or impri&s;on, can ex|tend no further then whereto it is conveyed, but from the Repre|&s;enters
<PB N="20" REF="12">to the Repre&s;ented, if the Soveraiene power is onely convey|ed, and no further: Therefore the&s;e Lords being none or the peoples Vicegerents, Deputies, or Repre&s;entors, cannot legally pa&s;&s;e upon any of the Repre&s;ented, to try, &s;entence, fine, or impri&s;on; but <GAP DESC="illegible" REASON="faint" EXTENT="1 letter">uch their actions (exceeding the Soveraigne compa&s;&s;e) <GAP DESC="illegible" REASON="faint" EXTENT="1 span"> be il|legall, and Anti-magi&s;teriall.</P>
<P>And therefore as by that Soveraigne power conferr'd from the people upon the Hou&s;e of Commons (as I was bound) I made my Ap|peal unto the &s;aid Hou&s;e, refu&s;ing altogether to &s;ubmit unto that u&s;urpation of the Lords over the peoples properties, and Soveraign|ty of the Hou&s;e of Commons, the Body Repre&s;entative, to which all Appeals are finally to be made from all other Courts and Judges what&s;oever; yea from the Kings own per&s;onall re&s;olution, in or out of any other his Courts, yea &s;uch a tran&s;cendent Tribunall it is, as from thence there is no Appeal to any other Court, per&s;on, or per|&s;ons, no not to the King him&s;elf, but onely to another Parliament: and therefore much more may our Appeals be made thereunto from the Lords.</P>
<P>Secondly, it declares the rea&s;on of my Commitment, to wit, for contempt again&s;t the Hou&s;e of Lords, and Committee of the &s;aid Hou&s;e both in words and ge&s;ture: but how contemptuous I was in either, by this Relation you may judge; for my ge&s;ture both before the Committee, and the whole Hou&s;e, was with all humble, lowly, bended obey&s;ance, &s;tanding bare headed before them. And if this ge&s;ture were of a contemptuous nature, let the world judge: for the other ge&s;tures and motions of my body, indeed they were according to the ordinary cour&s;e of nature, I went <HI>with my face forward, &s;et one leg before mother,</HI> and the like; and it that were <HI>contemptuous,</HI> it is more then ever I was taught. Their Lord&s;hips might do well to &s;end me to Dr: <HI>Ba&s;twicks School of Complements,</HI> that I might have a little more <HI>venerable Court&s;hip</HI> again&s;t the next time I appear in their pre&s;ence.</P>
<P>For my words either before that Hou&s;e, or the Committee there|of, I cannot &s;ee how they can be contempeuous, except the manife|&s;tation or fidelity and re&s;olution for the property, freedome, and li|berty of the people, or indeed the making <HI>of Appeal</HI> to the Hou&s;e of Commons is become a <HI>contemptuous thing</HI> among&s;t them.</P>
<P>For both the one and the other was made a deri&s;ion among&s;t them. Which ge&s;ture of theirs, might there be but impartiall judge|ment without re&s;pect of per&s;ons, would ju&s;tly incur the cen&s;ure of a
<PB N="21" REF="12">more di&s;honourable and <HI>contemptuous nature,</HI> even to the <HI>People in ge|nerall,</HI> and to their <HI>Soveraigne Court,</HI> their own, <HI>Hou&s;e of Commons in par|ticular:</HI> for in the judgement of equity, the Greatne&s;&s;e of men doth rather adde then dimini&s;h aggravate then detract from their evill. But it may be they took it in &s;oul &s;corn and contempt, in that I gave them the Appellation of, <HI>Gentlemen,</HI> and of, <HI>Sir,</HI> to the Earl of <HI>E&s;&s;ex;</HI> But how &s;uch titles or terms could be taken in contempt, except by the &s;pirit of pride and ambition I know not, I am &s;ure not by the &s;pi|rit of meekne&s;&s;e and humility, <HI>(with which I think their Honors are not very much acquainted)</HI> for after the u&s;e and cu&s;tome of the Nation they are termes of <HI>reve<GAP DESC="illegible" REASON="missing" EXTENT="1 letter">ence, civility,</HI> and <HI>re&s;pect;</HI> but it may be, they expect|ed more lofty, arrogant, ambitious <GAP DESC="illegible" REASON="faint" EXTENT="1+ letters">les of <HI>Lord&s;hip over the people,</HI> the which I forbearing, mo&s;t therefore be cen&s;ured, a <HI>contemptuous fellow,</HI> and be an&s;werably rewarded with a <HI>take him Goalee:</HI> But fir&s;t they mu&s;t prove them&s;elves <HI>Lords of the Commons,</HI> before the forbear|ance of &s;uch titles to them be accounted and condemned as con|temptuous, and legally worthy of impri&s;onment: Indeed they are Lords over their e&s;tates, Lands, Goods, Servants, and the like; but ble&s;&s;ed be God, as yet they are not &s;uch Lords over the Commons, and people in generall; neither yet have they legally Lord&s;hip in matter of judging, to pa&s;&s;e upon them, condemne them, fine, cen&s;ure, or impri&s;on them in criminall things. But if for their vertues, gra|vity, judgement, and fidelity for the <HI>common-good</HI> they will &s;tand to the election of the people to their Parliamentory honnur, then &s;uch of them (for their virture &s;o cho&s;en) may have the Title thereto, as well as the re&s;t of the Hou&s;e of Commons.</P>
<P>Sir, this might be &s;ufficient for this matter, yet I &s;hall trouble you with one con&s;ideration more about it.</P>
<P>All contempt, oppo&s;ition, or di&s;obedience of Magi&s;trates can be no other but &s;uch as re&s;pecteth the Statutes, Laws, and Ordinances Magi&s;teriall, for it is the Laws onely which dignifie and di&s;tingui&s;h them from common men: and in &s;eed &s;uch di&s;obedience or contempt is properly again&s;t the Law, and &s;o &s;uch contempt can at the mo&s;t be but by imputation from the Law to tho&s;e that are the Mini&s;ters thereof; and where there is no Law, there is no tran&s;gre&s;&s;ion.</P>
<P>But there is no Law, Statute, or Ordinance to binde the people of this Nation to any certain and preci&s;e form of <HI>Titles</HI> to be given to the&s;e Lords, to this or that &s;upplicatory phra&s;e, as, <HI>Right Honourable, may it plea&s;e your Honours, my Lords,</HI> and the like; but it is left to the
<PB N="22" REF="13">di&s;cretion, choice and freedome of the people, to give them what titles and terms of civility, reverence, honour and re&s;pect as &s;eemeth good unto them; and &s;o an&s;werably I did. So that wherein, or how I am guilty of any <HI>legall contempt,</HI> as yet I am ignorant: If they have any Law, Statute or Ordinance to binde us in this ca&s;e, then let them produce it, and let me &s;uffer the penalty thereof.</P>
<P>Indeed, it is confe&s;&s;'d, that all Acts, Statutes and Ordinances Par|liamentory do run in the name of <HI>Lords Temporall,</HI> as well as of the Commons A&s;&s;embled in Parliament. But I an&s;wer. So have they done in the name of the <HI>Lords Spirituall,</HI> and when the&s;e <HI>Lords Spiri|tuall</HI> were in their full power and pomp, was it tran&s;gre&s;&s;ion of any Law to forbear them the Titles, of <HI>My Lords Grace, William Lord Arch|bi&s;hop of Canterbury his Grace, Primate, and Metrapolitane of all England,</HI> and the like; yea, we have manifold proofs, examples and in&s;tances that it was no tran&s;gre&s;&s;ion at all. And &s;o the &s;ame I demand con|cerning the&s;e <HI>Temporall Lords;</HI> Is it any &s;in, any breach of the Law now, to forbear them their towring, lofty, high-flowne titles of ille|gitimate honour, which are like &s;teeples above the Commons, and in&s;tead thereof to give them good hone&s;t titles, and terms of civility and re&s;pect when we have to do with them, more then of old to for|bear the Lords Spirituall their forementioned titles; when as tho&s;e Bi&s;hops were every wayes more potent and powerfull then the&s;e Lords Temporall are now, or ever were.</P>
<P>But for the &s;ea&s;onable reproof which I gave them, &s;ure they will be a&s;hamed to account that as contemptuous, for it is the highe&s;t de|gree of Infamy for any man high or low, rich or poore, King or beg|gar, to be &s;o indulgent to vanity and folly, as to be &s;cornfull of a de|&s;erved reproof, and account it as a contemptuous thing, for of &s;uch an one there is no hope. So that I &s;uppo&s;e (in the judgement of equi|ty) I &s;hall no more de&s;erve to be adjudged contemptuous, for telling the&s;e Lords, <HI>That it did not become them</HI> to mock and &s;corn a pri&s;oner, whom they had unju&s;tly at their Bar, then <HI>Samuel</HI> and <HI>Hanani</HI> were for telling King <HI>Saul</HI> and <HI>A&s;a, that they had done fooli&s;hly.</HI> 1 <HI>Sam.</HI> 13.3. 2 <HI>Chron.</HI> 15.9.</P>
<P>La&s;tly, this Order of the Lords pretends yet an other rea&s;on or ground of their impri&s;onment of me, namely, <HI>For refu&s;ing to An&s;wer unto the Speaker:</HI> which by interpretation is as much as to &s;ay, Be|cau&s;e I would not be again intangled with the late High-Commi&s;|&s;ion bondage of Interrogatories (from which the Act for the Aboli&s;h|ment
<PB N="23" REF="13">of the Star-Chamber hath made us free) therefore I mu&s;t go to pri&s;on. Surely the&s;e Lords are very ra&s;h and incon&s;iderate, or el&s;e extreamly forgetfull of their late Votes and concurrance (however they were in their hearts I know not) with the Hou&s;e of Commons, again&s;t the illegality, inju&s;tice and tyrannie of &s;uch Interrogatory proceedings, that &s;till upon &s;uch illegall grounds they &s;hould im|pri&s;on the free Commoners of the Land, who by the fundamentall Laws thereof, and by this pre&s;ent Parliament are all legally freed from that bondage fora&s;much as it is extreamly oppo&s;ite, and de|&s;tructive to their Great Charter of Freedoms; and &s;o of them&s;elves &s;everally, their per&s;ons, e&s;tates and liberties: For thereby the Inno|cent are made lyable to the circumventing querks, and &s;ubtle devi|&s;es, gins and traps of the crafty, &s;ecretly and in&s;en&s;ibly couch'd to de&s;troy the Innocent with the guilty, even to make them a prey to the malice and tyranny of the wicked; for by &s;uch their winding, turning, over-reaching Interrogatories, the &s;imple plain-hearted, and ignorant, being unacquainted therewith, are unawares, enfor|ced to &s;ome incon&s;iderate An&s;wer, whereby &s;uch an one is made an Offender for a word, yea guilty of that whereof he is innocent, and &s;o accordingly unju&s;tly proceeded again&s;t: whereas Religion, Rea|&s;on, yea nature it &s;elf doth abhor, that a man &s;hould betray, &s;poyl or de&s;troy him&s;elf either of life, limbe, or liberty; for it is a principle in Nature, implanted by the &s;inger of God, for every living moving thi<GAP DESC="illegible" REASON="blotted" EXTENT="1 span">d and pre&s;erve it &s;elf from all things hurtfull, de&s;tru|&s;tive, or obnoxious thereto; and this we &s;ee by daily experience is a m<GAP DESC="illegible" REASON="blotted" EXTENT="1 span">uit bea&s;ts of the field; and &s;hall men be wor&s;e then bea&s;ts? Oh ine&s;table, unrea&s;onable, and inhumane! It is again&s;t fle&s;h and blood, it is again&s;t the kind, yea again&s;t the Law of God, for a man to de&s;troy him&s;elf; one that &s;o doth, is guilty of no le&s;&s;e then murther; and if &s;o, then what are tho&s;e, which force him to it?</P>
<P>Moreover, the very Law of the Land, (which of it &s;elf is a Law of Mercy, and re&s;pect th tho&s;e things) bindeth no man to betray him|&s;elf, for it &s;aith, <HI>Nemo tenetur prodere &s;eip&s;um:</HI> no man is bound to be|tray him&s;elf. If by the witne&s;&s;e of hone&s;t and lawfull men <HI>of his equals</HI> (not of infamous per&s;ons) he be found guilty, then the &s;entence and cen&s;ure of the Law mu&s;t pa&s;&s;e upon him according to his guilt, otherwi&s;e he in the <HI>eye of the Law</HI> is free, and at liberty: And there|fore this pre&s;ent Parliament hath aboli&s;hed the Star-Chamber, and High-Commi&s;&s;ion Courts.</P>
<PB N="24" REF="14">
<P> And for the&s;e con&s;iderations I would not &s;ubject my &s;elf to tho&s;e exploded, abli&s;hed, illegall, High-Commi&s;&s;ion, Interrogatory pra|cti&s;es, refu&s;ing to an&s;wer unto any Interrogatories what&s;oever, whe|ther with me or again&s;t me, putting my &s;elf upon the legall cour&s;e of the Law, not becau&s;e I could not have clear'd minainnocence be|fore them, but becau&s;e I would not let go my own right and proper|ty in the equity of the Law, or be an evill pre&s;ident or pattern unto others, whereby they might again be entangled with this old, bar|barous, illegall, Epi&s;copall bondage by my example; rather &s;ubject|ing my &s;elf to impri&s;onment, or to what el&s;e may unju&s;tly be inflict|ed upon me or mine for my &s;o doing, then to &s;ave my &s;elf, and my own in particular, and betray my Countrey, and Countreys in ge|nerall.</P>
<P>And for this I mu&s;t be thrown and lie in the mo&s;t contemptuous Goal of Newgate, to the undoing of my &s;elf, my wife, and children, <HI>untill the plea&s;ure of the&s;e Lords</HI> (not the equity of the Law) <HI>be further &s;ignified:</HI> And thus to <HI>their plea&s;ures,</HI> not to the mercy and benefit of the Law, the <HI>Free Commoners of England</HI> mu&s;t be made &s;ubject: So that who can judge otherwi&s;e, but that their Laws, lives, liberties and e&s;tates are hereby made a prey to their <HI>Arbitrary plea&s;ures?</HI> But I hope the Hou&s;e of Commons will no longer &s;it &s;till, and behold their Lord|&s;hips thus to devour up the Commoners of the Land one after an other, as if it were a far off thing, and did not &s;o neerly concern both them&s;elves and the whole Commons of England, who <GAP DESC="illegible" REASON="blotted" EXTENT="1 span">|&s;ent, and are bound to defend; for you &s;ee the&s;e Lords have not Liv: Coll: <HI>John Lilburn,</HI> Mr: <HI>William Larner,</HI> and my &s;elf (<GAP DESC="illegible" REASON="blotted" EXTENT="1 span">e) into their jaws; and for ought I &s;ee, &s;uch is their greedine&s;&s;e, that we are all likely to be &s;wallowed down quick, except the Hou&s;e of Commons &s;tep in with a pre&s;ent delivery: but however their Lord|&s;hips may pray that <HI>Little Martin</HI> come not into the number, for he'l &s;erve their <HI>Arbitrary plea&s;ures,</HI> their Prerogatives, and all &s;uch other their toyes and trinkets which are not for the weal of the people, little better then the Presbyters tyth-cocks, milk pails, bowls and cream pots, &amp;c. See <HI>Mar. Eccho,</HI> and <HI>Arraignment of Per&s;ecution</HI></P>
<P>Thus (Sir) I have pre&s;umed upon your patience to empty my &s;elf of tho&s;e pre&s;ent conceptions, which (though tedious) I &s;uppo&s;e of your &s;elf will be taken in good part, and therefore I have the more emboldned my &s;elf to open my mind freely unto you, being &s;trong|ly a&s;&s;ured of your good con&s;truction. But le&s;t through &s;ome acci|dentall
<PB N="25" REF="14">means the&s;e my papers &s;hould become publick, I would have the world know, that the premi&s;es, words or &s;entences therein con|tained, are not intended again&s;t any per&s;on, or per&s;ons, to wit, of Kings, Lords, or others therein mentioned, or for the Alteration of Government, by the fundamentall Laws of this Realm e&s;tabli&s;hed, or for the depre&s;&s;ing of any Magi&s;teriall officers from their true Ma|gi&s;teriall Functions and Offices, as may unhappily by &s;ome evill minded men be concluded; but the whole matter both for word and circum&s;tance of the premi&s;es afore&s;aid (to you directed) is &s;imply and onely again&s;t illegality, inju&s;tice, oppre&s;&s;ion and tyranny over the free people of England, their rights, properties and freedoms; whether by Kings, Lords, or any other unju&s;tly and illegally exer|ci&s;ed upon them, and this and no other meaning, &s;en&s;e, or &s;ignifica|tion of the fore&s;aid matter, words or &s;entences either in part, or in whole is intended or meant; and therefore in that &s;en&s;e onely, and no other what&s;oever, I pre&s;ent them unto you, or to whom&s;oever they may come, to be accepted and con&s;trued: for indeed I do pro|fe&s;&s;e my &s;elf an ab&s;olute enemy to all inju&s;tice, tyranny and cruelty what&s;oever, or in whom&s;oever, and no otherwi&s;e.</P>
<P>Thus, Sir, with the remembrance of my love, and kinde re&s;pects unto your wife and children, and to all other our Chri&s;tian friends and brethren, I re&s;t</P>
<CLOSER><SIGNED>Mine own no longer, but yours,<LB> and my Countreys, till death<LB> &s;eparate us.<LB> <HI>R. Overton.</HI></SIGNED>
<DATELINE>From the mo&s;t<LB> infamous Goal of<LB> Newgate.<LB>
<DATE><HI>Augu&s;t,</HI> 17. 1646.</DATE></DATELINE></CLOSER>
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<BACK>
<DIV1 TYPE="publishers to the reader">
<HEAD>The Publi&s;hers to the Reader.</HEAD>
<P>COurteous Reader, we have been demanded of many, whether or no this our worthy friend, be that reverend peece of &s;anctity, u&s;ually dignified or di&s;tingui&s;hed by the name of <HI>Young Martin Mar-Prie&s;t?</HI> Unto whom we have given the &s;ame an&s;wer, that was given by the parents of that blind man mentioned in the Go&s;pel, when the Scribes and Phari&s;ees asked them, by what means he received his fight? <HI>He is old enough</HI> (&s;aid they) <HI>ask him, he will an&s;wer for him|&s;elf:</HI> But here's the mi&s;chief, that this our honoured friend, <HI>will not an&s;wer to Interrogatories,</HI> as we our &s;elves have refu&s;ed to do in this
<PB N="26" REF="15">matter, and &s;o they not a whit the nearer to be re&s;olved.</P>
<P>But how&s;oever, whether he be that young <HI>Martin,</HI> or &s;ome other bird of that feather or no, it is no di&s;paragement to his worth; for although &s;ome neutrals (that are neither hot nor cold) are far rea|dier with their railing words (then good deeds to any in di&s;tre&s;&s;e) to endeavour rather to blaze the infirmities, then expre&s;&s;e the vertues of all &s;uch as do &s;urpa&s;&s;e them&s;elves in any publick good, yet both this our loving friend, and &s;ome other worthies, chiefly tho&s;e in bonds, have not onely laboured more abundantly, but &s;tood more con&s;tant|ly then thou&s;ands of &s;uch &s;elf-lovers and temporizers; the one in truly informing the free Commons of England (both by word and writing) of their ju&s;t freedoms as well &s;pirituall as temporall; and the other &s;o valiantly oppo&s;ing all &s;orts of Arbitrary u&s;urpers who&s;oever, whether Kings, Lords, Commons, or Clergie, without re&s;pect of per&s;ons, and that in defence of tho&s;e freedoms, not onely in the behalf of them&s;elves and po&s;terities; but likewi&s;e of all the Commons of England in generall, whether friends or enemies.</P>
<P>In which doing &amp; oppo&s;ing, if this rare man, or &s;uch as he be either neglected or traduced, by tho&s;e of whom they ought to be maintain|ed, encouraged and advanced, chiefly now in their &s;uffering condi|tion, for the ju&s;t common cau&s;e, as thus &s;tanding in the gap for them and all the free Commoners of England (even as well their mortall enemies as deare&s;t friends) whereof too many are not indued with &s;uch fidelity, magnanimity nor ingenuity, if they were or had been &s;o tried and winnowed as the&s;e; will it not be very ju&s;t with God, that he permit &s;uch ingrate, double minded, time-&s;erving, and &s;elf-&s;eeking men to be intangled again with the yoke both of &s;pirituall and temporall bondage, wherewith both God and man have made them free, that will not &s;o much as &s;peak a good word, far le&s;&s;e do a good deed, to tho&s;e that &s;tand thus fa&s;t for them, who have not &s;pirit nor courage to &s;tand for them&s;elves; and that now after the loo&s;ing of &s;o many thou&s;ands of lives, and multitudes of e&s;tates, both in defence and recovery of the&s;e our ju&s;t freedoms? Yea, and this per&s;ecuted means of unlicenced Printing hath done more good to the people, then all the bloodie wars, the one tending to rid us quite of all &s;lavery; but the other onely to rid us of one, and involve us in|to another. Farewell.</P>
<TRAILER>FINIS.</TRAILER>
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