The high court of justice. Or Cromwells new slaughter-house in England With the authoritie that constituted and ordained it, arraigned, convicted, and condemned; for usurpation, treason, tyrannie, theft, and murder. Being the III. part of the Historie of independencie: written by the same author.
         High court of justice
         Walker, Clement, 1595-1651.
      
       
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         ESTC R203985
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         99825304
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             The high court of justice. Or Cromwells new slaughter-house in England With the authoritie that constituted and ordained it, arraigned, convicted, and condemned; for usurpation, treason, tyrannie, theft, and murder. Being the III. part of the Historie of independencie: written by the same author.
             High court of justice
             Walker, Clement, 1595-1651.
             Andrews, Eusebius, d. 1650.
          
           71, [1] p.
           
             s.n.],
             [London :
             Printed anno Dom. 1651.
          
           
             By Clement Walker.
             Includes answers of Eusebius Andrews to the High Court of Justice, 1650 (H4r-I4r).
             Copy filmed has print show-through.
             Reproduction of the original in the Harvard University Library.
          
        
      
    
     
       
         eng
      
       
         
           Great Britain -- Politics and government -- 1649-1660 -- Early works to 1800.
        
      
    
       A66820  R203985  (Wing W324D).  civilwar no The high court of justice. Or Cromwells new slaughter-house in England. With the authoritie that constituted and ordained it, arraigned, con Walker, Clement 1651    23707 9 0 0 0 0 0 4 B  The  rate of 4 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 
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        2006-03 Judith Siefring
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           THE
           HIGH
           COVRT
           OF
           JUSTICE
           .
           OR
           CROMWELLS
           New
           Slaughter-house
           in
           ENGLAND
           .
           With
           the
           Authoritie
           that
           constituted
           and
           ordained
           it
           ,
           Arraigned
           ,
           Convicted
           ,
           and
           Condemned
           ;
           for
           
             Usurpation
             ,
             Treason
             ,
             Tyrannie
             ,
             Theft
             ,
          
           and
           
             Murder
             .
          
           Being
           the
           III.
           
           Part
           of
           the
           Historie
           of
           
             Independencie
             :
          
           written
           by
           the
           same
           Author
           .
        
         
           Printed
           Anno
           Dom.
           1651.
           
        
         
         
      
    
     
       
       
       
         
           The
           History
           of
           INDEPENDENCIE
           .
        
         
           THat
           every
           thing
           is
           kept
           and
           maintained
           by
           the
           same
           wayes
           and
           means
           it
           was
           got
           and
           obtained
           ;
           
           is
           a
           rule
           true
           both
           in
           Philosophy
           and
           Policy
           .
           And
           therefore
           Dominion
           gotten
           by
           fraud
           and
           force
           ,
           must
           by
           fraud
           and
           force
           be
           preserved
           .
           Things
           impiously
           got
           ,
           must
           be
           impiously
           kept
           .
           When
           usurped
           Tiranny
           layes
           its
           foundation
           in
           bloud
           ,
           the
           whole
           Superstruction
           must
           be
           built
           with
           Morter
           tempered
           with
           bloud
           .
           One
           Sin
           must
           defend
           and
           make
           good
           another
           .
           And
           hence
           ariseth
           a
           Necessity
           upon
           Ambitious
           men
           to
           flanck
           and
           fortify
           one
           Crime
           with
           another
           .
           But
           to
           pleade
           this
           Necessity
           ,
           which
           they
           have
           so
           willfully
           drawne
           upon
           themselves
           ,
           in
           justification
           of
           their
           wicked
           Courses
           ,
           To
           expect
           submission
           ,
           Obedience
           and
           an
           equall
           Engagement
           from
           men
           uninterressed
           therein
           ,
           and
           to
           intitle
           the
           Divine
           Providence
           and
           unrevealed
           will
           of
           God
           thereto
           (
           in
           opposition
           to
           his
           will
           revealed
           and
           declared
           in
           the
           Scriptures
           ,
           as
           is
           now
           a
           dayes
           used
           )
           is
           to
           accuse
           the
           Holy
           Ghost
           of
           our
           Sinnes
           ,
           and
           an
           hipocrisie
           so
           impudently
           sinfull
           and
           damnable
           ,
           that
           I
           doubt
           no
           age
           but
           this
           ,
           (
           the
           Dregs
           and
           lees
           of
           time
           )
           ever
           gave
           an
           example
           of
           the
           like
           .
        
         
           
             TO
             illustrate
             my
             first
             Maxime
             by
             some
             forreine
             Examples
             (
             before
             I
             lay
             the
             Bastard
             at
             our
             own
             doors
             )
             Sylla
             at
             Rome
             ,
             by
             the
             power
             of
             the
             Sword
             ,
          
           proclaimed
           
             (
             or
             voted
             )
          
           himself
           Dictator
           :
           to
           make
           good
           which
           usurpation
           with
           a
           Maske
           of
           Authority
           ,
           he
           compelled
           the
           Senate
           
             (
             or
             Parliament
             )
          
           to
           approve
           of
           all
           his
           fore passed
           villanies
           ,
           
           
             Murders
             and
             illegal
             Actes
             ,
          
           and
           to
           conferre
           a
           power
           upon
           him
           ;
           
             To
             kill
             whom
             he
             pleased
             and
             confiscate
             their
             Estates
             ;
             To
             build
             and
             destroy
             Cities
             ;
             Dispose
             Kingdomes
             ;
          
           And
           exercise
           an
           Arbitrary
           ,
           Supreme
           Authority
           ,
           and
           then
           (
           to
           establish
           himselfe
           in
           his
           selfe-created
           power
           )
           he
           posted
           up
           as
           Rome
           ,
           and
           in
           most
           Cities
           of
           Italy
           ,
           Bills
           of
           Proscription
           ,
           or
           Outlawry
           ,
           conteining
           the
           names
           of
           such
           persons
           ,
           as
           (
           without
           any
           forme
           of
           Lawe
           ,
           or
           Justice
           )
           he
           appointed
           to
           be
           slain
           
             by
             his
             Souldiers
             .
          
           These
           Proscribed
           men
           were
           (
           for
           the
           most
           part
           )
           such
           as
           having
           some
           Sparkes
           of
           Roman
           virtue
           in
           them
           ,
           durst
           love
           the
           Auntient
           Government
           ,
           Lawes
           and
           Liberties
           of
           Rome
           ,
           and
           were
           therefore
           thought
           fit
           to
           be
           weeded
           out
           ,
           as
           Malignants
           against
           his
           Innovations
           and
           Arbitrary
           courses
           .
           
             Yet
             many
             meane
             spirited
             fellowes
             ,
             were
             proscribed
             and
             murdered
             ,
             partly
             for
             confiscation
             of
             their
             Estates
             ,
             and
             partly
             to
             gratify
             the
             Malice
             and
             hatred
             of
             particular
             friends
             who
             (
             in
             that
             carriage
             )
             praid
             in
             aid
             of
             Syllas
             sword
             to
             ridd
             them
             of
             their
             Enemies
             .
          
        
         
           After
           this
           Augustus
           Caesar
           at
           Rome
           ,
           having
           by
           terror
           of
           Arms
           made
           himself
           Consul
           ,
           and
           finding
           himself
           not
           strong
           enough
           fingly
           to
           subjugate
           his
           Country
           ,
           he
           called
           Antonius
           &
           Lepidus
           to
           joine
           with
           him
           ,
           with
           whom
           entering
           into
           confederacy
           to
           subvert
           the
           Fundamental
           Government
           ,
           and
           usurpe
           the
           Supreme
           Authority
           ,
           They
           divide
           that
           vaste
           Empire
           betweene
           them
           ,
           and
           
             passed
             a
             Decree
             amongst
             themselves
             ;
             That
             they
             should
             be
             called
             the
             Triumvirate
             for
             Reforming
             and
             Reestablishing
             the
             Common-wealth
          
           (
           well
           enough
           before
           if
           they
           had
           let
           it
           alone
           )
           
             with
             Supreme
             Authority
          
           to
           give
           Estates
           and
           Offices
           to
           whom
           they
           thought
           fit
           ;
           without
           asking
           the
           advise
           of
           Senate
           or
           People
           .
           
             They
             appointed
             what
             Consuls
             ,
             Magistrates
             and
             Officers
             
             they
             pleased
             :
          
           They
           designed
           rich
           donatives
           ,
           and
           18
           of
           the
           chief
           Cities
           of
           Italy
           to
           be
           given
           to
           their
           Souldiers
           ,
           if
           ,
           by
           their
           valor
           ,
           they
           should
           obteine
           victory
           over
           Brutus
           and
           Cassius
           ,
           
             They
             fixed
             publike
             listes
             or
             Tables
             of
             Proscription
             ,
             naming
             such
             Persons
             as
             they
             exposed
             to
             slaughter
             .
          
           They
           Proscribed
           at
           one
           time
           130
           Senators
           ,
           at
           another
           time
           150
           and
           2000
           Knights
           .
           
             Whereby
             the
             best
             men
             for
             understanding
             ,
             conduct
             Resolution
             and
             Affection
             being
             cut
             off
             ,
          
           the
           rest
           (
           terrified
           by
           their
           example
           )
           became
           but
           Terra
           Maledicta
           (
           as
           Chymickes
           call
           it
           )
           dull
           liveles
           Ashes
           or
           clods
           of
           earth
           ,
           without
           power
           or
           virtue
           to
           quicken
           them
           ,
           or
           make
           them
           productive
           .
           After
           some
           revolutions
           wherein
           Augustus
           and
           Antonius
           had
           discarded
           the
           dull
           and
           stupid
           Lepidus
           ,
           and
           (
           at
           last
           )
           Augustus
           had
           subdued
           Antonius
           :
           Augustus
           usurped
           the
           Title
           of
           
             Tribune
             of
             the
             people
             ,
          
           whereby
           his
           Person
           became
           sacred
           and
           inviolable
           ;
           and
           (
           humouring
           the
           irrational
           Animals
           )
           tooke
           upon
           him
           the
           especial
           Protection
           of
           that
           Brutish
           heard
           ,
           the
           Rascall
           multitude
           ,
           The
           Tribunes
           of
           the
           People
           having
           bin
           originally
           instituted
           to
           protect
           the
           People
           .
           His
           next
           step
           was
           to
           make
           himself
           
             Perpetual
             Dictator
             ,
          
           whereby
           he
           arrogated
           to
           himself
           a
           vaste
           ,
           unlimited
           power
           above
           all
           Laws
           .
           The
           Tribuneship
           was
           his
           Buckler
           ,
           The
           Dictatorship
           was
           his
           Sword
           .
           And
           last
           of
           all
           (
           for
           Ornament
           only
           )
           
             He
             having
             already
             the
             full
             power
             of
             an
             absolute
             Monarch
             (
             although
             he
             forbore
             the
             Title
             of
             (
             King
             )
             because
             it
             was
             hatefull
             to
             the
             People
          
           and
           against
           the
           Laws
           ever
           since
           the
           Regifugium
           )
           he
           took
           upon
           him
           the
           Title
           of
           
             Princeps
             Senatus
             ,
             or
             President
             of
             the
             Senate
             ;
          
           to
           keep
           a
           corresponding
           power
           over
           that
           great
           Counsell
           or
           Parliament
           :
           And
           finally
           usurped
           the
           Title
           and
           Office
           of
           
             Imperator
             or
             Generalissimo
          
           of
           all
           forces
           by
           Land
           and
           Sea
           ,
           Garrisons
           ,
           
             &c.
             
          
        
         
         
           Philippe
           King
           of
           Spain
           Lord
           of
           the
           17
           Belgike
           Provinces
           by
           several
           Titles
           ,
           and
           under
           several
           Limitations
           ,
           Priviledges
           ,
           Exemptions
           and
           Fundamentall
           Laws
           according
           to
           which
           he
           was
           to
           govern
           and
           they
           to
           obey
           :
           
           Resolving
           to
           subvert
           the
           Fundamentall
           Lawes
           and
           Government
           and
           reduce
           those
           17
           Petty
           Signiories
           into
           one
           meere
           ,
           absolute
           Monarchy
           ;
           sent
           the
           Duke
           D'Alva
           thither
           (
           a
           warrior
           of
           a
           resolute
           ,
           stern
           nature
           )
           Governour
           with
           a
           powerfull
           Army
           .
           Who
           taking
           advantage
           of
           some
           rude
           commotions
           formerly
           raised
           by
           the
           Protestants
           in
           throwing
           downe
           Images
           and
           sacrilegiously
           plundering
           Churches
           ,
           
             erected
             a
             New
             Tribunall
             Criminall
             ,
             or
             (
             to
             speake
             in
             our
             modern
             ,
             uncowth
             language
             )
             A
             High
             Court
             of
             Justice
             ,
          
           consisting
           of
           12
           Commissioners
           or
           Judges
           purposely
           chosen
           ,
           most
           of
           them
           hangers
           by
           of
           the
           Law
           ,
           of
           meane
           fortunes
           ,
           practise
           ,
           birth
           and
           breeding
           ;
           Covetous
           ,
           Ambitious
           and
           slavishly
           addicted
           to
           the
           Spanish
           faction
           .
           To
           these
           was
           given
           by
           special
           Commission
           full
           power
           and
           Authority
           to
           inquire
           into
           ,
           and
           judge
           (
           or
           to
           hear
           and
           determine
           )
           the
           forepassed
           commotions
           ,
           whereupon
           
             they
             stiled
             this
             Court
             ,
             Concilium
             Turbarum
             ,
             but
             the
             multitude
             called
             it
             Concilium
             Sanguinis
             ;
             or
             the
             Bloudy
             Conventicle
             .
          
           This
           Counsel
           or
           Inquisition
           did
           supersede
           and
           extingnish
           the
           Authority
           of
           all
           other
           Courts
           of
           Iudicature
           ,
           and
           make
           void
           all
           Lawes
           ,
           Constitutions
           ,
           Jurisdictions
           and
           Priviledges
           of
           the
           Nation
           ,
           as
           to
           the
           aforesaid
           commotions
           ,
           and
           all
           other
           causes
           they
           pleased
           to
           call
           high
           Treason
           .
           
             They
             had
             no
             other
             boundes
             ,
             nor
             limit
             i●
             their
             proceedings
             ,
             then
             what
             they
             prefixed
             to
             themselves
             ,
             in
             certain
             Articles
             .
          
           Some
           few
           whereof
           I
           will
           here
           present
           unto
           my
           Reader
           ,
           because
           
             they
             judged
             of
             high
             Treason
             by
             those
             Articles
             ,
             not
             by
             the
             known
             Laws
             of
             the
             Land
             (
             a
             thing
             
             very
             observable
             and
             applicable
             to
             my
             purpose
             )
             so
             that
             they
             were
             not
             onely
             Judges
             ,
             Leges
             dicere
             :
             but
             also
             Law-makers
             ,
             Leges
             dare
             :
             as
             all
             Judges
             are
             who
             take
             upon
             them
             a
             lioertie
             to
             observe
             no
             set
             forms
             of
             proceedings
             :
          
           but
           at
           their
           own
           pleasure
           .
        
         
           1.
           
           ARTICLE
           .
           
           All
           Petitions
           heretofore
           tendered
           to
           the
           States
           ,
           or
           Cities
           Corporate
           against
           the
           erecting
           of
           New
           Episcopall
           Sees
           ;
           or
           against
           the
           Holy
           Inquisition
           ;
           or
           requiring
           a
           Moderation
           of
           Decrees
           or
           Acts
           of
           State
           or
           Parliament
           ,
           are
           accounted
           meer
           Conspiracies
           against
           God
           and
           the
           King
           .
        
         
           2.
           
           ARTICLE
           .
           All
           Nobles
           ,
           Gentry
           ,
           Judges
           ,
           Magistrates
           ,
           and
           all
           others
           who
           connived
           at
           Hereticall
           Sermons
           ,
           plundering
           of
           Churches
           ,
           and
           delivering
           such
           Petitions
           as
           aforesaid
           ,
           pretending
           the
           necessitie
           of
           the
           times
           ,
           and
           did
           not
           resist
           and
           oppose
           them
           .
        
         
           3.
           
           
             ART
             .
          
           
           Whosoever
           affirms
           ,
           That
           all
           his
           Majesties
           Subjects
           of
           Belgia
           have
           not
           forfeited
           their
           auncient
           Priviledges
           ,
           Immunities
           and
           Lawes
           for
           Treason
           :
           and
           that
           it
           is
           not
           lawfull
           for
           the
           King
           to
           use
           and
           handle
           them
           for
           the
           aforesaid
           Treasons
           as
           he
           pleaseth
           ,
           
             to
             prevent
             the
             like
             Treasons
             for
             the
             time
             to
             come
             ,
             and
             that
             the
             King
             is
             not
             absolved
             thereby
             from
             all
             Oathes
             ,
             Promises
             ,
             Graunts
             ,
             Contracts
             and
             Obligations
             whatsoever
             .
          
        
         
         
           4.
           
           
           
             ART
             .
          
           They
           that
           affirm
           ,
           This
           Counsell
           or
           high
           Court
           of
           Justice
           to
           exercise
           Tiranny
           in
           their
           Proceedings
           ,
           or
           Judgements
           ;
           and
           that
           they
           are
           not
           Supreme
           and
           competent
           Judges
           in
           all
           causes
           
             Criminal
             and
             Civil
             .
          
        
         
           5.
           
           
           ART
           .
           
             Those
             that
             in
             case
             of
             Heresie
             deny
             ,
             that
             all
             manner
             of
             Informers
             and
             witnesses
             of
             whatsoever
             Degree
             and
             condition
             they
             be
             ,
             are
             to
             be
             credited
             :
          
           and
           that
           upon
           the
           Testimony
           of
           any
           two
           witnesses
           ,
           this
           High
           Court
           ought
           to
           proceed
           to
           Judgement
           execution
           and
           conflication
           of
           life
           and
           goods
           ,
           
             without
             publishing
             the
             cause
             or
             charge
             ,
             and
             without
             any
             legal
             form
             of
             Triall
             .
          
           All
           these
           are
           guilty
           of
           high
           Treason
           against
           God
           and
           the
           King
           .
        
         
           The
           Rigor
           ,
           Cruelty
           and
           Injustice
           of
           this
           New
           erected
           Counsell
           of
           Bloud
           ,
           or
           High
           Court
           of
           Justice
           ,
           inforced
           the
           Lowe
           Countries
           to
           revolt
           and
           cast
           off
           the
           King
           of
           Spain
           .
        
         
           LEt
           us
           now
           examine
           whether
           in
           some
           one
           little
           Province
           or
           Island
           belonging
           to
           that
           vast
           Roman
           Empire
           ;
           and
           in
           some
           meane
           ,
           petty
           fellowes
           ,
           (
           Natives
           of
           that
           Island
           )
           men
           even
           at
           home
           of
           obscure
           birth
           ,
           breeding
           and
           fortunes
           ;
           we
           can
           not
           finde
           examples
           of
           Ambition
           ,
           usurpation
           and
           Tiranny
           ,
           as
           high
           and
           transcendent
           ,
           as
           bloudy
           and
           destructive
           ;
           as
           covetous
           and
           greedy
           ;
           as
           any
           of
           the
           fore-cited
           presidents
           ?
           And
           (
           which
           is
           worst
           of
           all
           )
           carried
           on
           by
           those
           that
           call
           themselves
           Christians
           ;
           nay
           ,
           Saints
           (
           which
           is
           more
           than
           they
           vouchsafe
           to
           Saint
           Peter
           
           and
           the
           rest
           of
           the
           Apostles
           ,
           though
           glorified
           Saints
           in
           the
           Church
           Triumphant
           )
           and
           such
           as
           in
           all
           their
           bloudy
           ,
           oppressing
           ,
           cheating
           Designes
           ,
           (
           promoted
           by
           perjury
           ,
           Treachery
           ,
           breach
           of
           Faith
           ,
           Oaths
           and
           publike
           Declarations
           )
           pretend
           to
           the
           singular
           favour
           ,
           Providence
           and
           will
           of
           heaven
           as
           confidently
           ,
           as
           if
           they
           could
           shew
           Gods
           special
           commission
           ,
           to
           warrant
           Usurpation
           ,
           Treason
           ,
           Tyranny
           and
           Thievery
           .
        
         
           It
           is
           not
           unknown
           by
           what
           Artifices
           ,
           frauds
           ,
           falsified
           promises
           ,
           Oaths
           and
           covenants
           ,
           
             a
             party
             of
             Antimonarchists
             ,
             Schismaticks
          
           and
           Anabaptists
           lurking
           in
           the
           Parliament
           
             fooled
             the
             People
             to
             contribute
             their
             blood
             and
             money
             towards
             the
             subduing
             of
             the
             King
             (
             and
             in
             him
             ,
             of
             themselves
             )
          
           and
           how
           by
           the
           same
           wayes
           and
           subtleties
           the
           said
           Party
           in
           the
           two
           Houses
           (
           now
           combined
           openly
           ,
           under
           the
           Generall
           Title
           of
           Independents
           )
           engaging
           and
           conspiring
           with
           the
           Officers
           of
           the
           Army
           and
           Souldiery
           
             expelled
             by
             armed
             force
             seven
             parts
             of
             eight
             of
             the
             House
             of
             Commons
             ,
          
           leaving
           not
           above
           43
           or
           44
           of
           their
           own
           engaged
           Party
           sitting
           ,
           men
           enriched
           with
           publike
           spoiles
           )
           and
           
             voting
             under
             the
             power
             of
             the
             Armies
             commanders
             ,
             whose
             commands
             are
             now
             become
             a
             law
             to
             the
             said
             sitting
             Members
             ,
             as
             their
             Votes
             are
             become
             Laws
             to
             the
             Kingdome
             .
          
           In
           Obedience
           to
           their
           said
           Masters
           of
           the
           Army
           ,
           The
           said
           Remainder
           of
           Commons
           voted
           down
           the
           House
           of
           Lords
           ,
           (
           though
           an
           integrall
           and
           principall
           Member
           of
           the
           Parliament
           of
           
             England
             ,
          
           farr
           antienter
           then
           the
           House
           of
           Commons
           ,
           and
           having
           a
           power
           of
           Judicature
           and
           to
           administer
           an
           Oath
           ,
           (
           which
           the
           House
           of
           Commons
           ,
           never
           had
           nor
           pretended
           to
           have
           ,
           untill
           this
           time
           that
           they
           overflow
           their
           Bounds
           and
           the
           whole
           Kingdomes
           ,
           under
           the
           protection
           of
           their
           Army
           ,
           )
           which
           prerogative
           of
           
           the
           House
           of
           Lords
           is
           clearly
           demonstrated
           by
           the
           House
           of
           Commons
           standing
           bare
           before
           them
           at
           all
           conserences
           ,
           as
           the
           Grand
           Enquest
           doth
           before
           the
           Judges
           )
           because
           they
           rejected
           the
           Ordinance
           for
           Triall
           of
           the
           King
           .
           And
           
             now
             these
             Dregs
             and
             Lees
             of
             the
             House
             of
             Commons
             ,
             take
             upon
             them
             to
             be
             a
             compleat
             Parliament
             :
          
           To
           enact
           and
           repeal
           Statutes
           ,
           to
           subvert
           the
           Fundamentall
           Government
           ,
           Laws
           ,
           and
           Liberties
           of
           the
           Land
           :
           To
           pull
           up
           by
           the
           Roots
           without
           Legall
           proceedingss
           )
           every
           mans
           private
           property
           and
           possession
           ,
           and
           destroy
           his
           life
           .
           To
           burden
           the
           people
           with
           unsupportable
           ,
           unheard
           of
           ,
           unparliamentary
           Taxes
           ,
           Impositions
           ,
           Excise
           ,
           Freequarter
           ,
           buying
           of
           New
           Arms
           after
           the
           Countrey
           have
           been
           disarmed
           of
           their
           old
           Arms
           three
           times
           in
           one
           year
           ;
           
           Pressings
           and
           Levying
           of
           Souldiers
           ,
           Sequestrations
           ,
           Plundering
           of
           Houses
           and
           Horse
           ,
           and
           many
           other
           oppressions
           ;
           more
           than
           the
           Turk
           ,
           Russe
           or
           Tarter
           ever
           heard
           of
           :
           of
           all
           which
           our
           
             Grandees
             are
             free
             ,
          
           and
           lay
           them
           upon
           others
           as
           partially
           as
           they
           please
           ,
           purposely
           to
           consume
           them
           .
           To
           make
           Religion
           but
           a
           stalking
           horse
           to
           their
           designes
           ,
           and
           the
           Ministers
           thereof
           but
           hostlers
           ,
           to
           rub
           down
           ,
           curry
           and
           dresse
           it
           for
           their
           riding
           :
           to
           whom
           they
           send
           Commands
           ;
           
           what
           they
           shall
           ,
           and
           shall
           not
           preach
           to
           the
           people
           ;
           as
           if
           preaching
           were
           the
           Ordinance
           of
           man
           ,
           not
           of
           God
           .
           At
           last
           by
           way
           of
           preparative
           to
           their
           machinanations
           ,
           they
           passe
           these
           following
           votes
           .
        
         
           1.
           
           That
           all
           Supreme
           power
           is
           in
           the
           people
           .
        
         
           2.
           
           
             That
             the
             Supreme
             Authority
             under
             them
             ,
             is
             in
             the
             peoples
             Representatives
             ,
             or
             delegates
             in
             Parliament
             assembled
             .
          
           Meaning
           themselves
           ,
           (
           you
           may
           be
           sure
           )
           the
           Quintessence
           and
           Elixar
           of
           the
           House
           of
           Commons
           ,
           extracted
           by
           those
           learned
           Chimicks
           ,
           Doctour
           
             Fairfax
             ,
          
           Doctour
           
             Cromwell
             ,
          
           and
           the
           rest
           ,
           graduated
           at
           that
           degraded
           University
           of
           
             Oxford
             .
          
           Here
           note
           they
           voted
           the
           Supreme
           power
           to
           be
           in
           the
           people
           ,
           that
           they
           might
           use
           those
           Gulles
           ,
           as
           Conduit
           Pipes
           or
           Trunks
           to
           convey
           the
           Supreme
           Authority
           into
           themselves
           ,
           the
           better
           to
           enslave
           the
           people
           :
           And
           
             tickle
             them
             ,
             whilest
             they
             fasten
             about
             their
             necks
             the
             Iron
             yoke
             of
             a
             Military
             Oligarchy
             ,
             wearing
             the
             Mask
             of
             a
             perpetuall
             Parliament
             .
          
        
         
           3.
           
           That
           whatsoever
           the
           Commons
           in
           Parliament
           shall
           enact
           ,
           shall
           have
           the
           power
           and
           force
           of
           an
           Act
           of
           Parliament
           ,
           or
           Law
           ,
           without
           the
           consent
           of
           the
           House
           of
           Lords
           ,
           or
           the
           Kings
           Koyal
           Assent
           :
           any
           statute
           ,
           law
           ,
           custome
           or
           usage
           to
           the
           contrary
           notwithstandingr
           (
           
             they
             might
             have
             said
             all
             our
             statutes
             ,
             laws
             ,
             customes
             ,
          
           &c.
           
             notwithstanding
             )
             This
             one
             vote
             hath
             more
             of
          
           Dissolution
           
             and
             more
             of
          
           Vsurpation
           
             and
          
           Innovation
           
             in
             it
             ,
             than
             any
             I
             yet
             ever
             read
             of
             ;
          
           This
           is
           universally
           Arbitrary
           ,
           and
           layes
           the
           Ax
           to
           the
           root
           of
           all
           our
           Lawes
           ,
           Liberties
           ,
           Lives
           and
           properties
           at
           once
           .
        
         
           
             What
             these
             men
             will
             ,
             they
             vote
             :
          
           
             What
             they
             vote
             is
             Law
             ;
          
           
             Therefore
             what
             they
             will
             is
             Law
             .
          
        
         
         
           4.
           
           That
           to
           wage
           warre
           or
           beare
           Arms
           against
           the
           Representative
           body
           of
           the
           People
           or
           Parliament
           is
           high
           Treason
           .
           
             By
             the
             law
             all
             Treasons
             are
             committed
             against
             the
             King
             ,
             his
             Crown
             and
             Dignity
             .
          
        
         
           5.
           
           
             That
             the
             King
             hath
             taken
             up
             Armes
             against
             this
             Parliament
             ,
             and
             is
             therefore
             guilty
             of
             all
             the
             blood
             shed
             this
             warre
             ,
             and
             should
             expiate
             those
             crimes
             with
             his
             blood
             .
          
           If
           the
           King
           were
           not
           guilty
           ,
           these
           men
           are
           ;
           And
           therefore
           they
           passed
           this
           Vote
           ,
           
             Se
             defendendo
             .
          
           Yet
           observe
           that
           herein
           they
           became
           Judges
           in
           their
           own
           cause
           ;
           and
           forejudged
           his
           Majesty
           before
           his
           Trial
           ;
           if
           that
           may
           be
           called
           a
           Triall
           ,
           that
           was
           carried
           on
           by
           men
           ,
           who
           were
           both
           Accusers
           ,
           Prosecuters
           ,
           parties
           and
           Judges
           ;
           and
           had
           neither
           law
           ,
           President
           ,
           formality
           of
           proceedings
           ,
           nor
           any
           other
           foundation
           of
           Justice
           or
           Reason
           to
           warrant
           them
           ,
           nor
           were
           delegated
           by
           any
           lawfull
           Authority
           ?
        
         
           These
           Votes
           thus
           passed
           ,
           and
           by
           this
           kinde
           of
           men
           ,
           were
           the
           foundation
           upon
           which
           they
           built
           their
           great
           Engine
           to
           destroy
           the
           King
           and
           Kingly
           Government
           together
           with
           the
           Religion
           ,
           Laws
           ,
           Liberties
           ,
           Lives
           and
           Properties
           of
           the
           people
           :
           all
           condemned
           in
           that
           deadly
           sentence
           given
           against
           the
           King
           )
           For
           having
           (
           as
           aforesaid
           )
           created
           (
           by
           their
           own
           Votes
           )
           themselves
           as
           absolute
           a
           power
           as
           they
           pleased
           and
           cast
           the
           people
           and
           all
           they
           have
           into
           that
           bottomlesse
           Chaos
           of
           their
           Arbitrary
           Domination
           ;
           They
           erect
           an
           Extrajudiciall
           ,
           unpresidented
           High
           Court
           of
           Justice
           to
           Try
           (
           or
           rather
           to
           condemn
           without
           Triall
           )
           the
           King
           :
           Consisting
           of
           150.
           
           Commissioners
           ;
           Souldiers
           ,
           Parliament
           men
           ,
           Trades
           men
           ;
           the
           most
           violent
           ,
           engaged
           and
           factious
           incendiaries
           of
           all
           the
           Antimonarchicall
           faction
           :
           Amongst
           whom
           were
           many
           low
           
           conditioned
           mechanicks
           ,
           and
           Banquerouts
           ,
           whose
           fortunes
           are
           since
           repaired
           out
           of
           the
           Kings
           Estate
           ,
           and
           other
           publick
           Lands
           ,
           Goods
           and
           Offices
           ;
           as
           a
           reward
           for
           that
           Royall
           Bloud
           they
           spilt
           .
           
           The
           King
           (
           the
           Fountain
           of
           Law
           ,
           Justice
           ,
           Mercy
           ,
           Honour
           ,
           War
           and
           Peace
           ;
           The
           Head
           of
           the
           Parliament
           and
           Supreme
           Governour
           over
           all
           persons
           ,
           and
           in
           all
           causes
           )
           thus
           violently
           removed
           ;
           presently
           (
           as
           if
           the
           Mounds
           and
           Banks
           of
           the
           Sea
           had
           been
           overturned
           )
           an
           impetuous
           innundation
           of
           bloudy
           ,
           thievish
           Tyranny
           and
           Oppression
           brake
           in
           udon
           us
           :
           So
           that
           no
           man
           can
           call
           his
           life
           ,
           liberty
           ,
           house
           ,
           lands
           ,
           goods
           or
           any
           other
           his
           Rights
           or
           Fraunchises
           his
           own
           ,
           longer
           than
           the
           gratious
           aspect
           of
           some
           of
           our
           Graundees
           ,
           shine
           favourably
           upon
           him
           .
        
         
           In
           the
           next
           place
           :
           contrary
           to
           their
           own
           Declarations
           of
           the
           9.
           
           Feb.
           and
           17.
           
           March
           1648.
           
           Wherein
           they
           promise
           that
           in
           all
           things
           concerning
           the
           lives
           ,
           liberties
           ,
           and
           properties
           of
           the
           people
           ,
           they
           will
           observe
           the
           known
           laws
           of
           the
           Land
           ,
           with
           all
           things
           incident
           therto
           )
           
             They
             passe
             misbegotten
             Acts
             of
             Parliament
             one
             of
             the
          
           14.
           
           
             of
             May
             ,
             another
             of
             the
             17.
             of
             July
             1649.
             whereby
          
           )
           in
           derogation
           and
           annihilation
           of
           that
           excellent
           Stat.
           25.
           Ed.
           III.
           Chap.
           2.
           
           Ascertaining
           Treasons
           and
           reducing
           them
           to
           a
           small
           number
           ,
           And
           leaving
           nothing
           to
           the
           interpretation
           of
           the
           Judges
           ,
           that
           the
           people
           might
           not
           be
           ensnared
           )
           
             they
             exceeding
             by
             multiplying
             Treasons
             ,
             bringing
             bare
             words
             as
             wel
             as
             deeds
             within
             the
             compasse
             of
             that
             offence
             :
             and
             making
             many
             duties
             to
             which
             the
             laws
             of
             God
             and
             the
             land
             ,
             the
             Protestation
             and
             Covenant
             ,
             the
             oaths
             of
             allegeance
             ,
             obedience
             and
             Supremacy
             oblige
             us
             ,
             to
             be
             high
             Treason
             ,
             &
             these
             new
             acts
             of
             Treason
             penned
             in
             obscure
             ,
             ambiguous
             terms
             purposely
             to
             leave
             a
             latitude
             
             of
             Interpretation
             in
             (
             their
             own
             creatures
             )
             the
             Judges
             ;
             that
             the
             People
             may
             be
             ensnared
             .
          
        
         
           The
           King
           thus
           taken
           out
           of
           their
           way
           .
           They
           passe
           dretended
           Hcts.
           
           1.
           
           To
           
             Disinherit
             his
             children
             .
          
           2.
           
           
             To
             abolish
             Kingly
             Government
             for
             ever
             .
             3.
             
             To
             convert
             our
             ancient
             well
             tempered
             Monarchy
             into
             that
          
           (
           which
           they
           call
           a
           
             Common-wealth
             ,
             or
             Free-State
             ;
          
           although
           nothing
           be
           therein
           free
           ,
           but
           their
           lusts
           :
           nor
           hath
           it
           any
           form
           or
           face
           of
           Civil
           and
           just
           Government
           ;
           Wherein
           a
           confused
           Multitude
           rule
           by
           their
           own
           Wills
           ,
           without
           Law
           :
           and
           for
           their
           own
           benefit
           ;
           no
           consideration
           being
           had
           of
           the
           good
           and
           happinesse
           of
           the
           People
           in
           generall
           .
           4.
           
           
             They
             Constitute
             a
             Senate
             or
             Councel
             of
             State
             of
             40.
             men
             (
             amongst
          
           which
           some
           Trades-men
           ,
           Souldiers
           ,
           illiterate
           Lawyers
           ,
           Parliament
           Members
           ,
           men
           already
           engaged
           over
           head
           and
           ears
           in
           sinne
           ,
           therefore
           to
           be
           confided
           in
           )
           to
           these
           or
           any
           nine
           of
           these
           they
           entrust
           the
           Administration
           of
           this
           Utopian
           Common-wealth
           ,
           and
           these
           they
           would
           have
           us
           believe
           (
           without
           telling
           us
           so
           )
           are
           the
           Keepers
           (
           or
           Gaolers
           )
           of
           the
           Liberties
           of
           England
           .
        
         
           These
           things
           being
           but
           Introductions
           to
           the
           Usurpation
           of
           these
           Kinglings
           :
           and
           having
           been
           already
           shewed
           to
           the
           world
           by
           many
           pens
           .
           I
           content
           my self
           to
           give
           a
           cursory
           view
           of
           them
           :
           and
           hast
           to
           my
           intended
           task
           ,
           to
           shew
           that
           this
           Usurped
           power
           ,
           is
           kept
           and
           administred
           ,
           by
           as
           wicked
           and
           violent
           policies
           ,
           as
           it
           was
           gotten
           by
           .
        
         
           The
           first
           endeavour
           of
           all
           Tyrannicall
           Usurpers
           is
           .
           To
           lessen
           the
           number
           of
           their
           Enemies
           ;
           either
           by
           
           flattering
           and
           deceiving
           them
           :
           or
           by
           violently
           extirpating
           and
           rooting
           them
           out
           .
           And
           such
           have
           been
           the
           attempts
           of
           our
           new
           
             Cromwellian
          
           Statists
           ,
           ever
           since
           (
           without
           any
           calling
           from
           God
           or
           the
           people
           )
           they
           toook
           upon
           them
           the
           Supreme
           Authority
           of
           the
           Nation
           ;
           subverted
           our
           well
           mixed
           Monarchy
           and
           created
           themselves
           a
           Free-State
           .
        
         
           1.
           
           
           They
           endeavoured
           to
           sweeten
           and
           allure
           to
           act
           with
           them
           ,
           as
           many
           of
           the
           Secured
           and
           Secluded
           Members
           ,
           Ministers
           and
           other
           Phesbyterians
           ,
           as
           they
           could
           ,
           to
           the
           end
           that
           
             ex
             post
             facto
          
           being
           guilty
           of
           their
           Sinnes
           ,
           they
           might
           be
           engaged
           in
           one
           common
           defence
           ,
           and
           go
           halfs
           with
           them
           in
           their
           ignominy
           and
           punishment
           ,
           though
           not
           in
           their
           power
           ,
           profit
           and
           preferments
           :
           in
           which
           the
           Godly
           will
           admit
           no
           Rivalls
           ,
           but
           (
           like
           their
           Patron
           the
           Devil
           )
           cry
           all
           's
           mine
           .
           But
           this
           Design
           failed
           for
           the
           most
           part
           .
        
         
           2.
           
           
           Their
           second
           Endevour
           was
           how
           to
           dimmish
           the
           number
           of
           their
           Opposites
           ,
           Royalists
           and
           Presbyterians
           by
           a
           Massacre
           ,
           for
           which
           purpose
           many
           Dark
           Lanthorns
           and
           Ponyards
           were
           provided
           last
           Winter
           ,
           1649.
           
           But
           same
           prevented
           this
           plot
           :
           which
           coming
           to
           be
           the
           Common
           rumour
           of
           the
           Town
           ;
           put
           them
           in
           mind
           of
           the
           danger
           ,
           infamy
           and
           hatred
           ,
           that
           would
           overwhelm
           them
           .
           So
           this
           was
           laid
           aside
           .
        
         
           At
           last
           they
           invented
           two
           other
           Engins
           ,
           no
           lesse
           bloudy
           then
           ,
           and
           as
           effectuall
           as
           a
           Massacre
           .
        
         
           3.
           
           
           The
           Engagement
           is
           the
           first
           of
           these
           two
           Gins
           )
           which
           all
           persons
           are
           enjoyned
           to
           subscribe
           by
           their
           Act
           ●
           .
           Jan.
           1649.
           
           
             To
             be
             true
             to
             the
             Common-wealth
             of
          
           England
           ,
           
             as
             it
             is
             now
             established
             ,
             without
             a
             King
             or
             House
             of
             Peeres
             .
          
           And
           this
           is
           obtruded
           under
           no
           lesse
           penalty
           ,
           then
           ;
           To
           be
           totally
           deprived
           of
           all
           
           Benefit
           of
           Law
           whatsoever
           .
           Now
           the
           Laws
           of
           the
           Land
           being
           the
           onely
           Conservators
           of
           our
           lives
           ,
           Liberties
           and
           Estates
           (
           without
           which
           lawes
           all
           men
           have
           a
           like
           property
           to
           all
           things
           ,
           and
           the
           strongest
           have
           right
           to
           all
           is
           possest
           by
           the
           weaker
           ;
           since
           the
           Law
           onely
           distinguisheth
           
             Meum
          
           and
           
             Tuum
          
           )
           what
           is
           this
           but
           to
           expose
           the
           Liberties
           of
           the
           Non-Engagers
           to
           false
           Imprisonments
           ;
           our
           Estates
           to
           rapine
           ,
           spoil
           ,
           and
           Injustice
           :
           and
           our
           Lives
           and
           Persons
           to
           wounds
           and
           Murders
           ,
           at
           the
           will
           and
           pleasure
           of
           such
           as
           will
           engage
           with
           our
           Usurpers
           :
           but
           especially
           at
           the
           pleasure
           of
           their
           own
           Souldiers
           :
           to
           whom
           (
           I
           conceive
           )
           this
           Outlawry
           was
           intended
           as
           an
           Alarm
           or
           Invitation
           to
           plunder
           and
           massacre
           the
           Non-engagers
           ,
           and
           to
           pay
           themselves
           their
           Arrears
           of
           which
           these
           Parliament
           men
           have
           cousened
           them
           )
           out
           of
           their
           Estates
           ,
           and
           though
           the
           Souldiers
           were
           not
           so
           wicked
           as
           their
           Masters
           ,
           Yet
           we
           daily
           see
           many
           good
           Families
           in
           England
           despoiled
           of
           their
           Estates
           ,
           for
           want
           of
           protection
           of
           the
           laws
           ,
           brought
           to
           miserable
           beggery
           ,
           rather
           than
           they
           will
           wrong
           their
           consciences
           by
           subscribing
           this
           damnable
           Engagement
           contrary
           to
           the
           Protestation
           and
           Covenant
           imposed
           by
           this
           Parliament
           contrary
           to
           the
           known
           law
           of
           this
           land
           ,
           which
           this
           Parliament
           hath
           declared
           to
           observe
           and
           keep
           in
           all
           things
           concerning
           the
           lives
           ,
           liberties
           and
           properties
           of
           the
           people
           ,
           with
           all
           things
           incident
           thereto
           ;
           contrary
           to
           this
           Parliaments
           reiterated
           votes
           ,
           that
           they
           would
           not
           change
           the
           Ancient
           Government
           ,
           by
           a
           King
           ,
           Lords
           and
           Commons
           .
           And
           contrary
           to
           the
           Oathes
           of
           Allegeance
           ,
           Obedience
           and
           Supremacy
           :
           whereby
           (
           and
           by
           the
           Stat.
           of
           Recognition
           1.
           Jac.
           )
           our
           
             Allegeance
          
           is
           tied
           onely
           
           to
           the
           
             King
             ,
          
           his
           
             Heires
          
           and
           
             Lawfull
             Successers
             :
          
           from
           which
           no
           power
           on
           earth
           can
           absolve
           us
           ;
           and
           so
           much
           we
           attest
           in
           the
           Oath
           of
           Supremacy
           .
           
             Politicus
          
           (
           Interpreter
           to
           our
           new
           State-Puppet
           play
           )
           Numb.
           19.
           from
           Sept.
           19.
           to
           Sept.
           26.
           out
           of
           the
           dictates
           of
           his
           Masters
           tells
           us
           ,
           that
           in
           Answer
           to
           the
           Kings
           Act
           of
           oblivion
           granted
           ,
           the
           Parliament
           intends
           to
           passe
           an
           Act
           of
           Generall
           pardon
           ;
           for
           which
           they
           expect
           in
           future
           a
           Generall
           obedience
           &
           submission
           to
           the
           government
           :
           (
           you
           see
           though
           they
           will
           not
           be
           the
           Kings
           subjects
           ,
           they
           will
           be
           his
           Apes
           )
           and
           in
           the
           beginning
           of
           the
           said
           Pamphlet
           ,
           
             Politicus
          
           saith
           ;
           That
           Protection
           implies
           obedience
           ,
           otherwise
           they
           may
           be
           handled
           as
           publike
           Enemies
           and
           outlawes
           ,
           and
           ought
           to
           be
           destroyed
           as
           Traitors
           .
           Here
           you
           have
           the
           end
           to
           which
           this
           generall
           pardon
           is
           intended
           :
           it
           is
           but
           a
           shooing-horn
           to
           draw
           on
           the
           utmost
           penalty
           upon
           Non-engagers
           ,
           appointed
           by
           the
           said
           pretended
           Act
           2.
           Ian.
           1649.
           to
           weed
           them
           out
           of
           this
           good
           Land
           ,
           that
           the
           Saints
           only
           may
           enjoy
           the
           earth
           and
           the
           fullness
           thereof
           ;
           to
           which
           purpose
           all
           their
           new
           coyned
           Acts
           and
           Lawes
           are
           directed
           .
           The
           Scripture
           points
           forth
           these
           kind
           of
           men
           ,
           when
           it
           saith
           ,
           
             The
             Mercies
             of
             the
             wicked
             are
             cruell
             .
          
           The
           sum
           of
           all
           is
           ;
           If
           we
           will
           not
           acknowledge
           Allegeance
           to
           these
           Mush-romes
           ,
           we
           shall
           be
           Traitors
           without
           Alleageance
           (
           a
           Treason
           never
           yet
           heard
           of
           in
           any
           Law
           )
           If
           we
           will
           acknowledge
           Allegeance
           ,
           we
           put
           our selves
           in
           a
           capacity
           to
           be
           Traitors
           ,
           when
           they
           shall
           please
           to
           make
           us
           such
           .
           But
           let
           them
           know
           ;
           That
           we
           are
           all
           Englishmen
           ,
           Free-born
           alike
           ,
           under
           the
           Protection
           of
           an
           antient
           ,
           legall
           Monarchy
           ,
           to
           which
           we
           owe
           Alleageance
           :
           and
           how
           we
           come
           to
           forfeit
           that
           legall
           Protection
           ,
           our
           setled
           ,
           
           laws
           and
           Government
           ;
           and
           be
           subjected
           to
           a
           New
           ,
           unknowne
           Protection
           obtruded
           upon
           us
           by
           a
           Company
           of
           upstarts
           (
           Mushromes
           of
           Majesty
           ,
           so
           meane
           in
           birth
           and
           breeding
           (
           for
           the
           most
           part
           )
           that
           the
           place
           of
           a
           Constable
           equalls
           the
           highest
           of
           their
           education
           )
           imposing
           what
           Lawes
           and
           conditions
           upon
           us
           they
           please
           ;
           I
           would
           be
           glad
           to
           heare
           without
           being
           hindered
           by
           Guns
           ,
           Drums
           ,
           High
           Courts
           of
           Iustice
           and
           other
           Instruments
           of
           violence
           &
           Murder
           .
           But
           the
           greatest
           Mistery
           in
           this
           cheat
           is
           ,
           That
           our Self-created
           Supremists
           ,
           having
           voted
           the
           originall
           power
           to
           be
           in
           the
           people
           ,
           and
           but
           a
           derivative
           Authority
           to
           be
           in
           themselves
           as
           the
           Representative
           of
           the
           people
           ,
           should
           notwithstanding
           so
           yoake
           their
           Soveraigne
           Lord
           the
           people
           ,
           and
           make
           them
           pay
           Allegeance
           to
           their
           own
           Delegates
           (
           the
           8.
           part
           of
           a
           House
           of
           Commons
           )
           under
           the
           penalty
           (
           unless
           they
           subscribe
           as
           the
           far
           major
           part
           have
           not
           )
           of
           outlawing
           and
           depriving
           all
           the
           people
           of
           this
           Land
           of
           all
           benefit
           of
           the
           Lawes
           they
           were
           born
           to
           ;
           and
           consequently
           of
           annihilating
           and
           making
           them
           no
           longer
           a
           Nation
           or
           people
           .
           As
           if
           they
           were
           meer
           Salvages
           ,
           newly
           conquered
           ,
           collected
           and
           formed
           into
           a
           Politike
           body
           or
           Commonwealth
           ,
           and
           endowed
           with
           Laws
           newly
           invented
           by
           these
           Novice
           Statists
           .
           But
           the
           unlawfullness
           of
           the
           said
           Engagement
           with
           the
           Injustice
           of
           the
           Self-created
           power
           that
           obtrudeth
           it
           ,
           hath
           been
           handled
           by
           many
           good
           pens
           :
           especially
           by
           the
           
             Cheshire
          
           and
           
             Lancashire
          
           Ministers
           in
           their
           Plea
           for
           Non-Subcribers
           .
           Therfore
           I
           passe
           on
           to
           my
           principall
           scope
           ;
           
             The
             second
             Engine
             appointed
             to
             root
             out
             all
             such
             as
             are
             of
             a
             different
             Party
             ,
             The
             High
             Court
             of
             Iustice
             .
          
           A
           formidable
           Monster
           ,
           upon
           which
           no
           pen
           (
           that
           I
           know
           of
           )
           hath
           yet
           adventured
           .
        
         
         
           4.
           
           
           In
           treating
           of
           the
           High
           Court
           of
           Iustice
           ,
           I
           must
           consider
           .
           1.
           
           
             By
             what
             Persons
             and
             Authority
          
           this
           new
           erected
           ,
           unpresidented
           Court
           is
           constituted
           ?
           2.
           
           
             Of
             what
             Persons
             it
             is
             constituted
             ?
             3.
             
             The
             way
             and
             manner
             of
             their
             proceedings
             ?
          
           What
           formalities
           and
           Lawes
           they
           observe
           therein
           ?
           How
           sutable
           to
           the
           known
           Laws
           of
           the
           Land
           ,
           and
           the
           Parliaments
           Declarations
           ,
           Protestations
           and
           Covenant
           they
           are
           ?
           4.
           
           
             To
             what
             end
             this
             Court
             is
             constituted
             ?
          
        
         
           1.
           
           
             The
             Persons
             constituting
          
           this
           extrajudiciall
           Court
           are
           the
           present
           ,
           pretended
           Parliament
           ,
           consisting
           of
           40
           or
           50
           thriving
           Commons
           only
           ,
           who
           conspired
           with
           
             Cromwell
          
           and
           the
           Army
           to
           expell
           7.
           parts
           of
           8.
           of
           their
           follow-Members
           ,
           without
           any
           cause
           showne
           ,
           abolished
           the
           House
           of
           Peers
           ,
           erected
           this
           High
           Court
           of
           Iustice
           (
           
             in
             nature
             of
             a
             Court
             Martiall
          
           )
           to
           murder
           the
           King
           ,
           abolished
           Kingly
           Government
           :
           Turned
           it
           into
           a
           thing
           they
           call
           a
           
             Free-State
             ;
          
           disinherited
           the
           Royall
           Family
           ,
           and
           
             now
             usurp
             to
             themselves
             (
             without
             any
             calling
             from
             God
             or
             the
             People
             )
             more
             then
             a
             Regall
             ,
             Legall
             or
             Parliamentary
             Authority
             ,
          
           wherewith
           they
           have
           subverted
           the
           Fundamentall
           Government
           ,
           Religion
           ,
           Laws
           ,
           Liberties
           and
           Property
           of
           the
           Nation
           ,
           and
           envassallised
           &
           enslaved
           them
           to
           their
           Arbitrary
           Domination
           ;
           the
           Authority
           by
           which
           they
           erect
           this
           extrajudiciall
           Court
           is
           ,
           
             The
             usurped
             ,
             Legislative
             power
             :
          
           By
           colour
           of
           which
           they
           passed
           an
           Act
           dated
           26.
           
           March
           1650.
           establishing
           the
           said
           High
           Court
           of
           Iustice
           .
           
             Yet
             their
             own
             creature
             Master
          
           St.
           
           Johns
           ,
           
             in
             his
             Argument
             against
             the
             E.
             of
             Strafford
             ,
          
           (
           in
           a
           Book
           called
           Speeches
           and
           Passages
           of
           this
           great
           &
           happy
           Parliament
           ,
           printed
           by
           William
           
             Cook
          
           1641.
           pag.
           24.
           )
           saith
           ,
           
             The
             Parliament
             is
             the
             Representative
             of
             the
             whole
             Kingdom
             ,
             
             wherin
             the
             King
             as
             head
             ,
             The
             Lords
             as
             the
             more
             Noble
             ,
             &
             the
             Commons
             the
             other
             Members
             ,
             are
             knit
             together
             as
             one
             body
             Politick
             ;
             The
             Lawes
             are
             the
             Arteries
             &
             Ligaments
             that
             hold
             the
             body
             together
             .
          
           (
           And
           a
           little
           after
           )
           
             Its
             Treason
             to
             embesell
             a
             Judiciall
             Record
             ,
             Strafford
             swept
             them
             all
             away
             .
             It
             s
             Treason
             to
             counterfeit
             a
          
           20s
           
             peece
             ;
          
           here
           is
           a
           counterfeiting
           of
           Law
           (
           so
           in
           these
           counterfeit
           new
           Acts
           )
           we
           can
           call
           neither
           the
           counterfeit
           nor
           true
           one
           our
           own
           .
           
             It
             s
             Treason
             to
             counterfeit
             the
             great
             Seale
             for
             an
             acre
             of
             Land
             ,
          
           no
           property
           hereby
           is
           left
           to
           any
           Land
           at
           all
           (
           no
           more
           is
           there
           by
           the
           votes
           &
           practise
           of
           our
           new
           Supremists
           (
           thus
           far
           Master
           St.
           Iohns
           .
           
             But
             that
             the
             Parliament
             doth
             necessarily
             consist
             of
             the
             King
             &
             the
             two
             Houses
             assembled
             by
             his
             Writ
             ,
             &
             can
             passe
             no
             Act
             ,
             without
             their
             joint
             consent
             :
          
           See
           the
           Praeambles
           of
           all
           our
           Statutes
           ,
           all
           our
           Parliament
           Records
           ,
           all
           our
           Law
           Books
           :
           
             Modus
             tenendi
             Parliamentum
             .
          
           Hackwells
           manner
           of
           passing
           Bills
           .
           Sr.
           Tho.
           Smith
           
             de
             Repub.
             
             Anglorum
             .
             Cambdeni
             Britannia
             .
          
           All
           our
           Historians
           ,
           Polititians
           ,
           and
           the
           uninterrupted
           practise
           of
           all
           Ages
           .
           That
           it
           is
           now
           ,
           lately
           otherwise
           practised
           ;
           is
           not
           by
           any
           Law
           of
           the
           Land
           ,
           but
           by
           the
           will
           of
           lawlesse
           power
           and
           Rebellion
           ,
           that
           hath
           cancelled
           all
           our
           Lawes
           ,
           Liberties
           and
           Properties
           ,
           and
           subverted
           our
           Fundamentall
           Government
           ,
           and
           disfranchised
           and
           disinherited
           the
           whole
           Nation
           .
           Yet
           Master
           St.
           
           Iohns
           in
           his
           said
           Argument
           against
           Strafford
           p.
           38.
           was
           then
           of
           opinion
           :
           
             That
             to
             subvert
             the
             Lawes
             and
             Government
             ,
             and
             make
             a
             Kingdom
             no
             Kingdom
             ,
             was
             Treason
             at
             the
             Common
             Law
             .
          
           This
           Act
           26.
           
           Mar.
           1650
           ,
           is
           a
           new
           modelled
           Commission
           of
           Oier
           and
           Terminer
           :
           And
           all
           the
           people
           of
           the
           Land
           ,
           are
           by
           the
           consequence
           thereof
           disfranchised
           and
           proscribed
           .
           The
           illegality
           and
           tyranny
           
           thereof
           ,
           they
           have
           introduced
           ,
           who
           in
           this
           Parliament
           so
           zealously
           complained
           against
           the
           Court
           of
           the
           President
           &
           Counsel
           of
           York
           or
           of
           the
           North
           ,
           as
           an
           intolerable
           grievance
           (
           notwithstanding
           it
           had
           been
           of
           as
           long
           continuance
           as
           from
           31.
           H.
           8
           ,
           )
           as
           appears
           by
           a
           worthy
           
             Members
             speech
             or
             Argument
             against
             it
          
           (
           in
           the
           said
           Book
           of
           Speeches
           &
           Passages
           p.
           409.
           
             made
             by
             order
             of
             the
             House
             of
             Commons
          
           in
           April
           1649.
           
           I
           find
           not
           one
           Exception
           there
           made
           against
           the
           Court
           of
           York
           ,
           to
           which
           this
           upstart
           high
           Court
           is
           not
           more
           liable
           then
           it
           .
           1.
           
           The
           Commissioners
           of
           this
           high
           Court
           are
           not
           appointed
           
             to
             inquire
             ,
             per
             Sacramentum
             proborum
          
           &
           
             legalium
             hominum
             ,
          
           that
           is
           ,
           by
           Iuries
           ;
           as
           by
           
             Magna
             Charta
             ,
          
           and
           above
           30.
           
           Statutes
           confirming
           it
           ,
           all
           Commissions
           ought
           to
           run
           .
           2.
           
           They
           are
           not
           appointed
           (
           nor
           sworn
           )
           
             to
             heare
             &
             determine
             ,
             Secundùm
             Leges
             Angliae
             ,
          
           according
           to
           the
           known
           Lawes
           (
           as
           they
           ought
           to
           be
           )
           but
           according
           to
           certain
           Articles
           &
           powers
           given
           in
           the
           said
           Act
           26.
           
           March
           1650.
           3.
           
           The
           said
           Act
           26.
           
           March
           leaves
           a
           dangerous
           latitude
           to
           the
           interpretation
           and
           discretion
           of
           the
           Commissioners
           (
           contrary
           to
           what
           is
           done
           in
           the
           Act
           25.
           
             Ed.
          
           3.
           chap.
           2.
           )
           namely
           ;
           It
           hath
           
             one
             Clause
             enabling
             them
             to
             inflict
             upon
             Offenders
             such
             punishment
             ,
             either
             by
             death
             or
             otherwise
             corporally
             ,
             as
             the
             said
             Commissioners
             ,
             or
             the
             major
             part
             of
             them
             present
             shall
             judge
             to
             apperteine
             to
             Justice
             .
          
           This
           leaves
           it
           in
           the
           brests
           of
           the
           Commissioners
           ,
           (
           without
           any
           Law
           or
           rule
           to
           walk
           by
           )
           to
           inflict
           what
           torments
           and
           ignominious
           punishments
           they
           please
           ,
           although
           not
           used
           in
           our
           Nation
           ;
           and
           
             arbitrary
             corporall
             paines
             are
             proper
             to
             slaves
             ;
             not
             to
             Subjects
             .
          
           Here
           (
           after
           the
           losse
           of
           all
           but
           their
           bodies
           )
           the
           people
           
           may
           see
           their
           bodies
           subject
           to
           the
           lawless
           wills
           of
           our
           Grandees
           .
           And
           by
           another
           clause
           ,
           this
           Act
           impowreth
           the
           Commissioners
           ,
           
             To
             examine
             witnesses
             upon
             oath
             ,
             or
             otherwise
             ,
             if
             need
             be
             .
          
           This
           word
           (
           
             or
             otherwise
             ,
          
           &c.
           )
           gives
           them
           power
           to
           examine
           witnesses
           without
           oath
           (
           if
           they
           cannot
           procure
           witnesses
           so
           far
           the
           sons
           of
           Belial
           ,
           and
           cauterised
           in
           conscience
           as
           to
           adventure
           upon
           an
           oath
           )
           even
           in
           case
           of
           life
           and
           death
           ,
           and
           mutilation
           of
           members
           ;
           contrary
           to
           the
           current
           of
           all
           our
           Lawes
           ,
           and
           practice
           of
           all
           our
           Courts
           of
           Law
           ,
           and
           of
           all
           Nations
           .
           See
           Stat.
           1.
           Ed.
           VI
           .
           chap.
           12.
           5
           Ed.
           VI
           .
           chap.
           11.
           
           Cooks
           3.
           Inst.
           pag.
           24
           ,
           25
           ,
           26.
           
           Deut.
           17.
           6.
           
           
             Ex
             ore
             duorum
             vel
             trium
             peribit
             qui-occidetur
             .
          
           Deut.
           17.
           6.
           
           Matth.
           18.
           16.
           
           John
           18.
           23.
           2
           Cor.
           13.
           1.
           Heb.
           10.
           28.
           
           This
           is
           the
           most
           arbitrary
           &
           destroying
           liberty
           that
           ever
           was
           given
           to
           Iudges
           ;
           And
           such
           as
           none
           but
           professed
           theeves
           and
           murderers
           will
           accept
           or
           make
           use
           of
           .
           The
           Scripture
           saith
           ,
           
             An
             oath
             is
             the
             end
             of
             controversy
             between
             man
             &
             man
             .
             How
             then
             can
             they
             end
             and
             determine
             a
             controversy
             without
             oath
             ?
          
           But
           the
           end
           of
           all
           controversies
           before
           this
           Butcher-row
           of
           Iudges
           ,
           is
           cutting
           of
           throats
           ,
           and
           confiscation
           of
           estates
           .
           And
           by
           the
           same
           clause
           of
           the
           said
           Act
           (
           
             To
             examine
             witnesses
             )
             They
             may
             ,
             and
             (
             I
             heare
             )
             do
             examine
             witnesses
             clandestinely
             ,
          
           and
           proceed
           upon
           bare
           Depositions
           read
           in
           Court
           ,
           whereas
           they
           ought
           to
           produce
           the
           witnesses
           face
           to
           face
           in
           open
           Court
           ,
           and
           there
           sweare
           them
           ,
           
           that
           the
           Party
           accused
           may
           interrogate
           them
           ,
           and
           examine
           the
           circumstances
           ,
           and
           whether
           they
           contradict
           themselves
           ,
           or
           one
           another
           ,
           for
           cleering
           the
           Evidence
           ?
           And
           whether
           they
           be
           lawfull
           witnesses
           or
           no
           ?
           Nay
           (
           I
           hear
           )
           they
           do
           privately
           suborn
           and
           engage
           witnesses
           without
           oath
           .
           And
           then
           produce
           them
           
           to
           swear
           what
           they
           have
           formerly
           related
           only
           :
           and
           if
           they
           scruple
           at
           an
           oath
           ,
           punish
           them
           for
           misinforming
           the
           State
           .
           4.
           
           That
           I
           may
           make
           some
           more
           use
           of
           the
           aforesaid
           Members
           words
           ,
           
             Whether
             the
             King
             ,
             or
             a
             prevailing
             Party
             usurping
             his
             Kingly
             power
             ,
             may
             canton
             out
             a
             part
             of
             his
             Kingdom
             )
             or
             cull
             &
             mark
             out
             for
             slaughter
             ,
             some
             principall
             men
             ,
             &
             deny
             them
             the
             benefit
             of
             law
             ,
             in
             order
             thereto
             ,
             as
             these
             Judges
             do
             )
             to
             be
             tried
             by
             speciall
             Commission
             ,
             since
             the
             whole
             Kingdom
             is
             under
             the
             known
             lawes
             &
             Courts
             established
             at
             Westminster
             ?
          
           It
           should
           seem
           by
           this
           Parliaments
           eager
           complaint
           against
           the
           speciall
           Commission
           of
           York
           ,
           this
           Parliament
           hath
           determined
           this
           question
           in
           the
           negative
           allready
           ,
           (
           whatsoever
           their
           present
           practise
           to
           carry
           on
           their
           Designe
           is
           )
           See
           Stat.
           17.
           
           Car
           :
           1.
           against
           the
           Star
           Chamber
           .
           To
           what
           purpose
           serve
           those
           Statutes
           ,
           of
           
             Magna
             Charta
          
           and
           the
           Petition
           of
           Right
           ,
           if
           men
           may
           be
           fined
           and
           imprisoned
           (
           nay
           murdered
           )
           without
           Law
           according
           to
           the
           discretion
           of
           Commissioners
           ?
           This
           discretion
           is
           the
           quick-sand
           that
           hath
           swallowed
           our
           Properties
           and
           Liberties
           ,
           (
           but
           is
           now
           ready
           to
           swallow
           our
           carkasses
           :
           )
           Thus
           far
           that
           Gentleman
           ,
           Whose
           words
           then
           carried
           the
           Parliamentary
           stamp
           upon
           them
           .
           Let
           me
           add
           some
           more
           exceptions
           of
           my
           own
           against
           this
           high
           Court
           of
           Injustice
           .
           5.
           
           
             Soldiers
             of
             the
             Army
             are
             appointed
             by
             the
             Act
             26.
             
             March
             ,
             to
             be
             assistant
             to
             the
             Commissioners
             ,
          
           contrary
           to
           the
           peaceable
           proceedings
           of
           the
           Law
           ,
           which
           never
           makes
           use
           of
           any
           but
           civill
           Magistrates
           and
           Officers
           of
           the
           Law
           .
           See
           Stat.
           7.
           
             Ed.
          
           l.
           2.
           
             Ed.
          
           III.
           chap.
           3.
           7.
           R.
           II.
           chap.
           13.
           6.
           
           And
           
             contrary
             to
             the
             old
             oath
             which
             all
             Judges
             ought
             to
             take
             ,
             in
             these
             words
             .
          
           You
           shall
           sweare
           
             well
          
           &
           
             lawfully
             to
             serve
             the
             King
          
           &
           
             people
             ,
          
           in
           the
           Office
           of
           Justice
           ,
           &c.
           
           And
           
             that
             
             to
             what
             estate
             &
             condition
             they
             be
             ,
             come
             before
             you
             in
             the
             Sessions
             with
             force
             and
             armes
             ,
             against
             the
             peace
             ,
             against
             the
             Statute
             thereof
             made
             ,
             to
             disturbe
             the
             Execution
             of
             the
             Common
             Lawes
             ,
             or
             to
             menace
             the
             people
             ,
             that
             you
             arrest
             their
             bodies
             ,
             &c.
             
          
           Stat.
           18.
           Ed.
           III.
           in
           An.
           
           Dom.
           1344.
           p.
           144.
           
           Poultons
           Book
           of
           Stat.
           at
           large
           .
           
             But
             the
             oath
             appointed
             for
             these
             Commissioners
             to
             take
             ,
             is
             not
             penned
             in
             termes
             of
             Indifferency
             .
             Nor
             doth
             any
             waies
             oblige
             them
             to
             the
             people
             .
          
           26.
           
           Mar.
           1550.
           (
           viz
           :
           )
           
             You
             shall
             sweare
             well
             and
             truly
             according
             to
             the
             best
             of
             your
             skill
             and
             knowledge
             ,
             to
             execute
             the
             severall
             powers
             given
             you
             by
             this
             Act
             ,
          
           (
           not
           well
           &
           lawfully
           to
           serve
           the
           people
           .
           )
           Besides
           they
           swear
           to
           execute
           the
           severall
           powers
           given
           ,
           (
           
             not
             to
             do
             Justice
             according
             to
             the
             Lawes
             .
          
           )
           Now
           the
           Lawes
           are
           the
           only
           Rules
           of
           Iustice
           ,
           by
           which
           we
           distinguish
           crooked
           from
           streight
           ,
           true
           from
           false
           ,
           right
           from
           wrong
           .
           This
           is
           not
           the
           work
           these
           Iudges
           are
           packed
           for
           ,
           but
           to
           
             execute
          
           Acts
           of
           
             power
          
           and
           
             will
             .
          
           But
           powers
           are
           often
           usurped
           ,
           tyrannicall
           ,
           illegall
           and
           unjust
           :
           So
           are
           these
           .
           
             Injuria
             est
             quod
             contra
             legem
             fit
             .
          
           7.
           
           How
           can
           the
           House
           of
           Commons
           (
           if
           it
           were
           full
           and
           free
           )
           constitute
           a
           new
           unpresidented
           Court
           of
           Iustice
           ,
           nominate
           and
           ordain
           Iudges
           ,
           and
           enable
           them
           to
           administer
           Oaths
           ,
           having
           never
           had
           ,
           nor
           so
           much
           as
           pretended
           to
           have
           ,
           any
           power
           to
           judge
           ,
           to
           nominate
           Iudges
           ,
           or
           to
           administer
           an
           oath
           ;
           as
           having
           never
           been
           more
           then
           the
           grand
           Enquest
           of
           the
           Kingdom
           ,
           humbly
           to
           present
           to
           His
           Majesty
           in
           a
           petitionary
           way
           ,
           the
           grievances
           of
           the
           people
           ?
           
             Nemo
             dat
             ,
             quod
             non
             habet
             .
          
           8.
           
           Suppose
           the
           House
           of
           Commons
           had
           power
           of
           Iudicature
           ,
           delegated
           to
           them
           from
           the
           people
           as
           their
           Representative
           ?
           
             Delegatinon
             possunt
             substituere
             Delegatos
             ,
             et
             Pro●estatam
             sibi
             concreditam
             ,
             in
             alios
             transferre
             .
          
           
           legates
           can
           not
           make
           subdelegates
           ,
           and
           transfer
           their
           trust
           to
           others
           .
           See
           Col.
           
             Andrews
          
           3
           Answers
           given
           into
           this
           High
           Court
           ,
           for
           his
           defence
           .
           Printed
           at
           the
           later
           end
           hereof
           .
        
         
           2.
           
           My
           Second
           consideration
           will
           be
           ,
           
             Of
             what
             Persons
             delegated
             or
             commissioned
             ,
             this
             Court
             Consisteth
             ?
          
           The
           pretended
           Act
           26.
           
           
             March
          
           1650.
           names
           25.
           
           Commissioners
           ,
           all
           which
           (
           for
           their
           better
           credit
           )
           it
           enacteth
           Esquires
           ,
           amongst
           whom
           are
           four
           or
           five
           ,
           that
           have
           professed
           the
           Law
           (
           as
           far
           as
           wearing
           a
           lawyers
           gown
           come
           too
           )
           but
           were
           better
           known
           by
           their
           leisure
           then
           by
           their
           law
           ;
           untill
           by
           adhearing
           to
           our
           prevailing
           Schismaticks
           ,
           in
           subverting
           our
           laws
           ,
           they
           seem
           to
           be
           eminent
           lawyers
           .
           Of
           
             Keeble
          
           see
           the
           Tryall
           of
           Lieutenant
           Col.
           
             John
             Lilburn
             ,
          
           first
           and
           second
           part
           .
           
             Steel
          
           cited
           expired
           Statutes
           at
           
             Winchester
          
           against
           Captain
           
             Burley
             .
          
           The
           rest
           are
           (
           for
           the
           most
           part
           )
           poore
           ignorant
           Tradesmen
           ,
           some
           so
           young
           they
           are
           but
           lately
           out
           of
           their
           Apprentiships
           ,
           others
           Broken
           Tradesmen
           that
           have
           compounded
           with
           their
           Creditors
           ,
           some
           of
           vilde
           and
           base
           Professions
           ;
           One
           or
           two
           of
           those
           Wolvish
           Saints
           (
           I
           hear
           )
           have
           with
           some
           difficulty
           escaped
           the
           gallows
           for
           Manslaying
           :
           
             William
             Wibearde
          
           Esquire
           is
           a
           Rope-seller
           :
           this
           employment
           may
           happily
           help
           him
           to
           the
           Hangmans
           custome
           .
           
             William
             Pemoier
          
           Esquire
           was
           heretofore
           an
           Ape-carrier
           ,
           Cherry-lickom
           or
           Mountredinctido
           .
           
             Cook
          
           a
           Vintner
           at
           the
           Bear
           at
           the
           Bridge
           foot
           ,
           he
           keeps
           a
           vaulting
           schoole
           for
           our
           sanctified
           Grandees
           ,
           and
           their
           Ladyes
           of
           the
           Game
           .
           If
           the
           House
           of
           Commons
           had
           power
           to
           make
           Judges
           (
           which
           I
           have
           disproved
           )
           yet
           ,
           
             Ex
             quovis
             ligno
             non
             fit
             Mercurius
             .
          
           They
           must
           name
           such
           Persons
           as
           may
           be
           competent
           Judges
           .
           And
           therefore
           
           must
           not
           choose
           .
           1.
           
           Ignorant
           men
           .
           2.
           
           Nor
           such
           as
           the
           Law
           cals
           ,
           
             Viles
             Personas
             ,
          
           men
           base
           or
           contemptible
           for
           their
           Persons
           or
           Sordide
           callings
           ;
           Mechanicks
           of
           the
           lowest
           rank
           .
           3.
           
           Persons
           of
           Scandalous
           life
           and
           conversations
           .
           4.
           
           Not
           Banquerouts
           and
           Indigent
           Persons
           .
           
             Necessitas
             cogit
             ad
             turpia
             .
          
           5.
           
           Not
           partiall
           and
           preingaged
           Persons
           ,
           chosen
           to
           suppresse
           another
           party
           .
           As
           these
           Commissioners
           are
           engaged
           to
           the
           present
           power
           to
           suppresse
           all
           others
           .
           6.
           
           Nor
           
             such
             as
             Schismatically
             or
             Heretically
             affected
             ,
             are
             seasoned
             with
             such
             Doctrines
             and
             Principles
             ,
             as
             neither
             agree
             with
             the
             Duties
             of
             a
             good
             Christian
             ,
             a
             good
             Commonwealths
             man
             ,
             nor
             a
             good
             Judge
             ,
          
           Which
           two
           last
           Objections
           not
           onely
           these
           Commissioners
           ,
           but
           the
           pretended
           Parliament
           that
           commissioned
           them
           are
           apparently
           guilty
           of
           ,
           as
           being
           all
           of
           the
           Independent
           faction
           ,
           conspiring
           to
           robb
           and
           root
           out
           all
           other
           Parties
           :
           Royallists
           ,
           Presbyterians
           and
           Levellors
           :
           For
           which
           purpose
           this
           New
           Tribunall
           or
           Inquisition
           is
           set
           up
           .
           
             Independency
             being
             a
             meer
             complication
             and
             Syncretismus
             ,
             or
             rather
             a
             Sink
             and
             Common
             Sewer
             of
             all
             Errours
             ,
             Heresies
             ,
             Blasphemies
             and
             Schisms
             (
             though
             they
             peevishly
             differ
             in
             some
             inconsiderable
             Tenents
             )
             yet
             having
             one
             Generall
             End
             or
             scope
             at
             which
             they
             all
             chiefly
             aym
          
           (
           viz.
           )
           
             power
             ,
             preferment
             ,
             profit
             ,
             and
             the
             suppression
             of
             the
             Truth
             and
             Magistracy
             ,
             they
             have
             likewise
             some
             common
             principles
             to
             soader
             them
             together
             ,
             which
             they
             use
             as
             a
             Means
             conducing
             to
             that
             generall
             End
             .
          
           Some
           few
           whereof
           I
           will
           here
           set
           down
           for
           my
           Readers
           satisfaction
           .
           1.
           
           
             To
             tollerate
             no
             King
             nor
             Magistrate
             Superiour
             to
             themselves
             .
          
           As
           being
           a
           Tyranny
           or
           Bondage
           over
           the
           Christian
           Liberty
           of
           the
           Saints
           and
           Kingdom
           of
           Christ
           .
           Because
           they
           know
           no
           Christian
           Magistrate
           can
           tollerate
           them
           ,
           being
           (
           by
           the
           
             Genius
          
           of
           their
           Sect
           )
           
           enemies
           to
           all
           Civill
           Societies
           ,
           whether
           Monarchicall
           ,
           Aristocraticall
           ,
           Democraticall
           or
           Mixed
           ;
           as
           the
           Kingdome
           of
           
             England
          
           was
           ,
           before
           these
           men
           destroyed
           it
           .
           Besides
           their
           common
           Doctrine
           ,
           
             That
             they
             are
             appointed
             to
             break
             the
             powers
             of
             the
             Earth
             to
             pieces
             ,
             To
             levell
             the
             hills
             and
             fill
             up
             the
             valleies
             ,
             That
             they
             are
             called
             ,
             To
             bruise
             the
             Nations
             with
             a
             rod
             of
             Iron
             ,
             and
             break
             them
             in
             pieces
             like
             a
             Potters
             vessell
             :
          
           Which
           they
           have
           done
           in
           
             England
             ,
          
           and
           threaten
           the
           like
           in
           
             France
             ,
             Germany
             ,
             &c.
          
           whereof
           their
           pulpits
           and
           discourses
           sound
           .
           Observe
           
             their
             Practises
             in
             the
             Low
             Countries
             .
          
           Where
           having
           by
           their
           spies
           and
           Emissaries
           ,
           found
           out
           some
           Burgers
           of
           the
           same
           humour
           with
           themselves
           ;
           They
           propagated
           their
           Doctrine
           so
           far
           ;
           as
           to
           endeavour
           To
           strike
           the
           Aristocraticall
           Members
           out
           of
           that
           Commonwealth
           by
           abetting
           some
           of
           the
           States
           Provinciall
           to
           lessen
           (
           and
           so
           to
           abolish
           by
           degree
           )
           The
           Lords
           States
           Generall
           (
           the
           Optimates
           of
           that
           State
           )
           To
           ruine
           the
           Prince
           of
           Orange
           ,
           to
           whose
           Family
           they
           owe
           their
           Liberty
           ;
           
             To
             dissolve
             the
             Generall
             Vnion
             of
             the
             said
             Vnited
             Provinces
             ,
             and
             so
             take
             in
             pieces
             the
             whole
             Frame
             of
             that
             Republike
             .
          
           To
           say
           nothing
           of
           their
           Insolencies
           in
           fighting
           and
           killing
           their
           men
           ,
           because
           the
           Belgike
           Lion
           will
           not
           strike
           saile
           to
           their
           Crosse
           and
           Harp
           ;
           and
           in
           blowing
           up
           the
           Antelope
           in
           
             Helversluice
             :
          
           Which
           shews
           what
           good
           Neighbours
           
             Holland
             ,
          
           and
           other
           parts
           ,
           are
           like
           to
           have
           of
           the
           New
           State
           of
           
             England
          
           and
           
             Ireland
          
           (
           when
           they
           have
           made
           themselves
           intirely
           by
           the
           purchase
           of
           
             Scotland
          
           )
           that
           is
           born
           (
           like
           our
           English
           
             Richard
          
           the
           3.
           )
           with
           Teeth
           in
           its
           head
           ;
           and
           snappeth
           at
           its
           Neighbours
           before
           it
           be
           out
           of
           its
           Swadling
           clouts
           .
           This
           is
           the
           cause
           that
           
             Cromwell
             ,
          
           before
           he
           set
           saile
           for
           
             Ireland
             ,
          
           caused
           his
           Journey-men
           ,
           
           
           
           
           
           the
           pretended
           Parliament
           ,
           To
           passe
           an
           Act
           for
           tolleration
           of
           all
           Errors
           ,
           Heresies
           and
           Schisms
           ,
           under
           the
           Notion
           of
           liberty
           of
           Conscience
           ,
           and
           Ease
           for
           tender
           Consciences
           .
           2.
           
           Their
           second
           principle
           is
           ,
           
             That
             the
             good
             things
             of
             this
             World
             belong
             only
             to
             the
             Saints
             (
             that
             is
             ,
             themselves
             )
             all
             others
             being
             usurpers
             thereof
             :
             and
             therefore
             they
             may
             rob
             ,
             plunder
             ,
             sequester
             ,
             extort
             ,
             cheat
             and
             confiscate
             (
             by
             illegall
             Laws
             of
             their
             own
             making
             ,
             by
             extrajudiciall
             Courts
             and
             partiall
             Judges
             of
             their
             own
             constituting
             )
             other
             mens
             Goods
             and
             Estates
             ;
             upon
             as
             good
             Title
             as
             the
             Jews
             spoiled
             the
             Aegyptians
             ;
          
           or
           expelled
           the
           Canaanites
           .
           3.
           
           Their
           third
           principle
           .
           
             That
             the
             Spirit
             (
             which
             sanctifies
             and
             illuminates
             these
             men
             )
             in
             every
             particular
             man
             blows
             when
             and
             where
             it
             will
             ,
             sometimes
             this
             way
             ,
             sometimes
             that
             way
             ,
             often
             contrary
             wayes
             :
             And
             therefore
             they
             can
             make
             no
             profession
             of
             any
             certain
             Rule
             of
             Doctrine
             or
             Discipline
             ,
             because
             they
             know
             not
             which
             way
             the
             Spirit
             will
             inspire
             .
          
           For
           this
           reason
           they
           are
           still
           pulling
           down
           old
           and
           setting
           up
           new
           Doctrines
           ,
           as
           the
           Nomades
           do
           Cottages
           ,
           only
           constant
           in
           unconstancy
           .
           They
           professe
           their
           consciences
           are
           the
           Rule
           and
           Symbol
           both
           of
           their
           Faith
           and
           Doctrine
           ,
           by
           this
           Leaden
           
             Lesbian
          
           Rule
           they
           interpret
           ,
           and
           to
           this
           they
           conform
           the
           Scriptures
           ;
           not
           their
           Consciences
           to
           the
           Scriptures
           ;
           setting
           the
           Sunne
           Diall
           by
           the
           clock
           ;
           not
           the
           clock
           by
           the
           Sunne
           Diall
           .
           That
           every
           man
           must
           pray
           according
           to
           the
           Dictates
           of
           his
           private
           Spirit
           ;
           They
           reject
           the
           Lords
           Prayer
           ,
           for
           fear
           of
           quenching
           the
           Spirit
           .
           
             When
             they
             break
             their
             Faith
             ,
             Articles
             ,
             Promises
             ,
             Declarations
             and
             Covenants
             ,
             they
             alleage
             ,
             the
             Spirit
             is
             the
             Author
             thereof
             .
          
           When
           
             Cromwell
          
           (
           contrary
           to
           his
           Vows
           and
           Protestations
           made
           to
           the
           King
           )
           kept
           him
           close
           prisoner
           in
           
             Carisbrook
          
           Castle
           ;
           He
           affirmed
           
             the
             Spirit
             would
             not
             let
             him
             keep
             his
             word
             .
          
           When
           ,
           
           contrary
           to
           the
           Publike
           Faith
           ,
           they
           Murdered
           Him
           :
           they
           pretended
           :
           
             They
             could
             not
             resist
             the
             Motions
             of
             the
             Spirit
             .
             Sua
             cuique
             Deus
             sit
             dira
             libido
             .
          
           This
           Hobgoblin
           serves
           all
           turns
           .
           4.
           
           Their
           fourth
           principle
           is
           .
           
             That
             they
             may
             commit
             any
             Sinne
             ,
             and
             retain
             their
             Sanctity
             in
             the
             very
             act
             of
             sinning
             :
             For
             what
             is
             sinfull
             in
             other
             men
             ,
             is
             not
             so
             in
             the
             Saints
             ;
             who
             may
             commit
             any
             crime
             against
             the
             Law
             of
             God
             ,
             and
             yet
             it
             cannot
             be
             imputed
             to
             them
             for
             Sinne
             ;
          
           Because
           they
           know
           in
           their
           Consciences
           what
           they
           do
           .
           So
           tender
           and
           delicate
           are
           their
           Consciences
           ;
           That
           
             they
             are
             capable
             of
             any
             Offence
             against
             their
             Neighbor
             ,
             without
             breach
             of
             Justice
             or
             Charity
             .
          
           A
           righteous
           man
           is
           a
           law
           to
           himself
           .
           5.
           
           Their
           fifth
           principle
           is
           .
           
             That
             7.
             make
             a
             Church
             :
             although
             men
             women
             and
             children
             ,
             and
             that
             this
             Church
             is
             Independent
             upon
             any
             other
             .
          
           The
           Anabaptists
           (
           though
           they
           neither
           profess
           to
           follow
           
             Paul
          
           nor
           
             Cephas
          
           )
           yet
           declare
           themselves
           to
           be
           some
           of
           
             Cromwels
          
           Church
           ,
           some
           of
           
             John
             Goodwins
             ,
          
           some
           of
           
             Kiffins
             ,
          
           some
           of
           
             Patiences
          
           and
           some
           of
           
             Carters
          
           Church
           .
           6.
           
           Their
           sixth
           Independent
           principle
           is
           .
           
             That
             if
             a
             man
             be
             questioned
             for
             any
             crime
             ,
             though
             his
             Judges
             have
             neither
             competent
             witnesses
             ,
             proofs
             nor
             Evidence
             of
             his
             guiltiness
             ,
             yet
             if
             they
             think
             in
             their
             Consciences
             he
             is
             guilty
             ;
             they
             may
             condemn
             him
             out
             of
             the
             Testimony
             of
             their
             own
             private
             consciences
             .
          
           Is
           it
           not
           fit
           men
           so
           principled
           should
           be
           Judges
           and
           Jury
           too
           ;
           &
           condemn
           men
           by
           inspiration
           ?
           So
           Col.
           
             Andrews
          
           and
           Sr.
           
             John
             Gell
          
           were
           condemned
           ;
           for
           
             Bernard
          
           and
           
             Pits
          
           (
           witnesses
           against
           them
           )
           were
           apparently
           suborned
           by
           
             Bradshaw
          
           and
           Sir
           
             Hen.
             Mildmay
          
           against
           them
           :
           and
           forsworn
           in
           the
           same
           cause
           ;
           and
           good
           proof
           offered
           to
           the
           Court
           ,
           that
           they
           were
           both
           Flagitious
           men
           ,
           of
           scandalous
           life
           and
           conversation
           .
           The
           letter
           (
           supposed
           to
           be
           sent
           by
           
             Andrews
          
           to
           
             Gell
          
           )
           was
           delivered
           to
           
           
             Bradshaw
             ,
          
           whereof
           
             Bradshaw
          
           sent
           a
           Copy
           onely
           to
           
             Gell
          
           at
           ten
           of
           the
           clock
           at
           night
           ;
           and
           had
           a
           warrant
           then
           ready
           to
           arrest
           
             Gell
             ,
          
           which
           was
           done
           early
           next
           morning
           before
           he
           could
           conveniently
           discover
           it
           :
           Yet
           was
           
             Gell
          
           sentenced
           for
           Misprison
           of
           High-Treason
           .
           See
           Sr.
           
             John
             Gells
          
           case
           stated
           ,
           August
           1650.
           with
           Colonel
           
             Andrews
          
           Attestation
           (
           in
           his
           behalf
           )
           under
           his
           hand
           a
           little
           before
           his
           death
           .
           And
           though
           Sr.
           
             John
          
           was
           Impeached
           and
           Mr.
           
           
             Atturney
          
           prosecuted
           him
           only
           for
           Misprision
           ;
           yet
           had
           he
           much
           a
           do
           to
           keep
           that
           blood
           thirsty
           old
           curre
           
             Keeble
          
           from
           taking
           a
           leap
           at
           his
           throat
           ,
           and
           giving
           Judgment
           against
           him
           for
           High
           Treason
           .
           So
           for
           want
           of
           law
           Sr.
           
             John
          
           had
           like
           to
           be
           hanged
           by
           Inspiration
           and
           Instinct
           of
           the
           spirit
           .
           He
           that
           will
           see
           more
           of
           these
           Independent
           Tenets
           ,
           Let
           him
           read
           
             Cl.
             Salmasius
          
           chap.
           10.
           
           
             Defensionis
             Regiae
             .
             Elenchus
             Motuum
             nuperorum
             in
             Anglia
             .
          
           And
           the
           History
           of
           Independency
           ,
           1
           ,
           and
           2.
           part
           .
           These
           6.
           
           I
           have
           selected
           ,
           that
           by
           comparing
           their
           Doctrine
           with
           their
           daily
           Practise
           ,
           the
           Reader
           may
           perceive
           what
           pious
           Christians
           ,
           good
           Patriots
           ,
           and
           upright
           Judges
           ,
           these
           engaged
           ,
           Independent
           Commissioners
           of
           the
           High
           Court
           of
           Justice
           are
           like
           to
           prove
           .
           The
           builders
           of
           this
           New
           Commonwealth
           or
           Babel
           ,
           hold
           forth
           to
           the
           People
           ,
           Justice
           and
           Liberty
           ,
           as
           their
           Motto
           :
           as
           if
           those
           excellent
           guifts
           had
           never
           received
           their
           birth
           ,
           nor
           bin
           so
           much
           as
           shewen
           to
           the
           People
           untill
           they
           murdered
           the
           King
           ,
           and
           stepped
           into
           his
           Throne
           .
           But
           how
           righteous
           a
           
             Free
             State
          
           or
           Commonwealth
           is
           this
           like
           to
           be
           ?
           And
           how
           well
           are
           the
           People
           therein
           like
           to
           be
           instructed
           in
           the
           wayes
           of
           Righteousnesse
           ,
           Justice
           and
           Charity
           ,
           and
           improved
           in
           good
           life
           and
           conversation
           ,
           by
           men
           so
           principled
           as
           aforesaid
           ,
           Let
           
           the
           world
           judge
           .
           Especially
           when
           they
           observe
           ,
           That
           our
           New
           Statists
           have
           enacted
           in
           the
           said
           pretended
           Act
           2.
           
             Jan.
          
           1649.
           enjoyning
           the
           Engagement
           ,
           That
           who
           soever
           will
           promise
           Truth
           and
           fidelity
           to
           them
           by
           subscribing
           the
           Engagement
           may
           deale
           falsely
           and
           fraudulently
           with
           all
           the
           world
           besides
           .
           And
           break
           all
           Bonds
           ,
           Assurances
           and
           Contracts
           made
           with
           Non-engagers
           ,
           concerning
           their
           Estates
           ;
           and
           pay
           their
           Debts
           by
           pleading
           in
           Bar
           of
           all
           Actions
           ,
           That
           the
           complainant
           hath
           not
           taken
           the
           Engagement
           :
           This
           is
           to
           robb
           the
           Aegyptians
           of
           the
           good
           things
           of
           this
           world
           ,
           This
           is
           to
           break
           their
           Faith
           by
           the
           motions
           of
           the
           Spirit
           .
           This
           is
           to
           cheat
           and
           rob
           their
           Neighbours
           without
           breach
           of
           Charity
           or
           Justice
           ,
           and
           without
           imputation
           of
           Sinne
           ,
           according
           to
           their
           aforesaid
           Tenets
           .
        
         
           3.
           
           I
           am
           come
           now
           to
           consider
           in
           the
           third
           place
           ,
           
             The
             way
             and
             Manner
             of
             their
             proceedings
             ;
          
           How
           consonant
           they
           are
           to
           the
           usuall
           proceeding
           of
           our
           known
           Laws
           ,
           and
           Legall
           Courts
           of
           Judicature
           ?
           (
           the
           best
           Inheritance
           of
           all
           Freemen
           )
           whereof
           see
           Colonel
           
             Andrews
          
           3.
           
           Answers
           in
           his
           Defence
           given
           into
           the
           said
           High
           Court
           ,
           Here
           with
           printed
           .
        
         
           1.
           
           The
           first
           Course
           they
           commonly
           take
           is
           ;
           To
           break
           open
           mens
           Houses
           ,
           Studies
           ,
           Chests
           ,
           &c.
           and
           seise
           their
           Papers
           ;
           and
           thereby
           hunt
           for
           Matter
           of
           Charge
           against
           them
           :
           And
           then
           to
           examine
           them
           against
           themselves
           ,
           upon
           the
           said
           Papers
           ,
           contrary
           to
           
             Magna
             Charta
             ,
          
           which
           saith
           ,
           
             Nemo
             tenetur
             prodere
             seipsum
             .
          
           And
           contrary
           to
           the
           Doctrine
           of
           Christianity
           ,
           which
           forbids
           a
           man
           to
           destroy
           his
           own
           life
           ,
           or
           be
           ,
           
             Felo
             de
             se
             ,
          
           as
           many
           men
           unwittingly
           doe
           ,
           who
           answer
           to
           captious
           ,
           ensnaring
           questions
           .
           What
           that
           tempting
           
           question
           was
           put
           to
           Christ
           ;
           
             Art
             thou
             the
             King
             of
             the
             Jews
             ?
          
           He
           returned
           no
           other
           Answer
           then
           :
           
             Thou
             sayest
             it
             :
             Why
             askest
             thou
             me
             ?
          
           A●ke
           them
           
             that
             heard
             me
             ,
          
           That
           is
           ,
           Ask
           witnesses
           .
           It
           was
           objected
           against
           the
           Oath
           
             ex
             Officio
             ,
          
           That
           it
           was
           High
           Injustice
           to
           examine
           a
           man
           against
           himself
           :
           Because
           his
           Answers
           may
           only
           serve
           to
           condemn
           ,
           but
           not
           to
           acquit
           him
           .
        
         
           2.
           
           They
           usually
           break
           open
           houses
           with
           Souldiers
           ,
           at
           all
           hours
           of
           the
           night
           ,
           pulling
           men
           out
           of
           their
           beds
           with
           great
           violence
           and
           terrour
           ,
           and
           so
           carrying
           them
           away
           ,
           under
           pretence
           whereof
           Robberies
           and
           Murders
           have
           bin
           committed
           .
           Whereas
           by
           the
           
             Stat.
             1.
             Edw.
             VI
             .
             chap.
             12.
             and
             5.
             and
             6.
             Edw.
             VI
             .
             chap.
          
           11.
           
           A
           man
           ought
           not
           to
           be
           accused
           of
           High
           Treason
           ,
           but
           to
           one
           of
           the
           Kings
           Counsell
           ;
           or
           to
           one
           of
           the
           Kings
           Justices
           of
           Assize
           ;
           or
           to
           one
           of
           the
           Kings
           Justices
           of
           the
           peace
           being
           of
           the
           
             Quorum
             :
          
           or
           to
           2.
           
           Justices
           of
           the
           Peace
           ,
           where
           the
           Offence
           is
           committed
           ,
           
             Cooks
             3.
             Inst.
             chap.
             High
             Treason
             p.
          
           26
           ,
           27
           ,
           28.
           
        
         
           3.
           
           They
           Commit
           men
           to
           prison
           without
           any
           Accusation
           or
           Accusor
           made
           known
           ,
           and
           during
           pleasure
           :
           and
           detein
           them
           in
           prison
           many
           years
           together
           without
           any
           Legall
           proceedings
           or
           charge
           against
           them
           ;
           sharing
           their
           Estates
           ,
           Offices
           and
           Revenues
           (
           by
           Sequestrations
           and
           Suspensions
           of
           the
           Profits
           )
           amongst
           themselves
           ,
           without
           any
           Crime
           objected
           :
           And
           so
           leave
           them
           to
           sterve
           ,
           rot
           or
           dye
           in
           nasty
           Gaoles
           ,
           for
           want
           of
           Maintenance
           ,
           under
           the
           cruelty
           of
           covetous
           and
           mercilesse
           Gaolers
           ,
           whom
           they
           bear
           out
           (
           for
           mony
           )
           in
           all
           their
           Extortions
           .
           And
           being
           thus
           imprisoned
           and
           wounded
           with
           the
           displeasure
           of
           the
           State
           no
           man
           dares
           adventure
           ,
           upon
           any
           security
           ,
           to
           lend
           him
           mony
           for
           fear
           of
           incurring
           the
           disfavour
           
           of
           the
           State
           ,
           
           and
           a
           Note
           of
           Malignancy
           ,
           whereby
           their
           Prisons
           are
           become
           private
           Slaughter
           houses
           ,
           as
           well
           as
           their
           Courts
           Publike
           Shambles
           of
           Injustice
           .
           Prisoners
           in
           the
           Tower
           of
           London
           (
           To
           which
           prison
           no
           Gaole
           delivery
           belongs
           )
           were
           alwayes
           wont
           in
           the
           time
           of
           (
           
             that
             supposed
             Tyrant
          
           )
           King
           Charles
           I.
           and
           his
           Predecessors
           ,
           to
           have
           allowance
           from
           the
           King
           ,
           according
           to
           their
           severall
           degrees
           ;
           As
           5l
           .
           a
           weeke
           for
           an
           Esquire
           &c.
           although
           the
           King
           deprived
           them
           of
           no
           part
           of
           their
           estates
           untill
           conviction
           ,
           and
           this
           Maintenance
           was
           provided
           for
           them
           by
           the
           Lieutenant
           of
           the
           Tower
           ;
           and
           in
           respect
           of
           his
           care
           and
           paines
           in
           procuring
           it
           he
           had
           Fees
           ,
           and
           not
           otherwise
           ;
           though
           now
           they
           continue
           and
           increase
           the
           said
           Fees
           ;
           the
           cause
           being
           taken
           away
           the
           effect
           ceaseth
           not
           .
           But
           these
           men
           now
           in
           power
           ,
           after
           they
           have
           Committed
           men
           and
           robbed
           them
           of
           their
           Estates
           ,
           without
           cause
           shewen
           ,
           are
           so
           farre
           from
           giving
           them
           any
           allowance
           to
           feed
           them
           ;
           that
           they
           shut
           them
           up
           close
           Prisoners
           in
           unwholsome
           chambers
           ,
           denying
           them
           the
           Liberty
           of
           the
           Tower
           ,
           and
           the
           benefit
           of
           fresh
           Aire
           (
           the
           Cameleons
           Diet
           )
           for
           their
           health
           ,
           and
           resort
           of
           friends
           ,
           for
           their
           accommodation
           .
           And
           that
           they
           may
           be
           sure
           to
           
             deprive
             them
             of
             all
             legal
             means
             by
          
           habeas
           cotpus
           
             to
             recover
             their
             liberties
             ;
          
           They
           commit
           men
           by
           
             illegal
             warrants
          
           not
           expressing
           any
           particuler
           Offence
           or
           cause
           for
           their
           commitment
           ;
           so
           that
           it
           is
           impossible
           for
           the
           keeper
           of
           the
           prison
           to
           obey
           the
           
             habeas
             corpus
             ,
          
           which
           is
           directed
           to
           him
           in
           these
           words
           :
           
             Precipimus
             tibi
             quod
             compus
             A.
             B.
             una
             cum
             causa
             detentionis
             fuae
             ,
             habeas
             coram
             nobis
             &c.
             ad
             recipiendum
             ea
             quae
             curia
             nostra
             .
             &c.
          
           Wherupon
           the
           Goaler
           or
           Sheriff
           is
           to
           bring
           his
           Prisoner
           to
           the
           Bar
           and
           tender
           his
           
             mittimm
          
           to
           the
           Court
           ,
           
           shewing
           the
           particuler
           cause
           of
           his
           Imprisonment
           ,
           that
           the
           Court
           may
           judge
           whether
           it
           be
           Legall
           ,
           or
           no
           .
           
             Dolosus
             versatur
             in
             Generalibus
             .
          
           In
           the
           Acts
           of
           the
           Apostles
           chap.
           25.
           ver.
           26.
           27.
           
           
             Festus
          
           thought
           it
           unreasonable
           to
           send
           
             Paul
          
           a
           Prisoner
           to
           
             Caesar
          
           (
           to
           whom
           he
           had
           appealed
           )
           and
           not
           withall
           to
           signifie
           the
           Crimes
           laid
           to
           his
           Charge
           .
           See
           Cookes
           2.
           Instit.
           fol.
           591.
           
        
         
           4.
           
           Their
           usuall
           course
           of
           
             practising
             and
             suborning
             witnesses
             ,
             tempting
             them
             with
             hopes
             and
             terrifying
             them
             with
             fears
             ,
          
           is
           so
           notorious
           ;
           that
           it
           is
           known
           the
           Counsel
           of
           State
           have
           hundreds
           of
           
             Spies
             and
             Intelligencers
             ,
             Affidavit-men
             and
             Knights
             of
             the
             Post
             ,
          
           swarming
           over
           all
           England
           as
           Lice
           &
           Frogs
           did
           in
           Egypt
           :
           and
           have
           both
           
             Pensions
             and
             set
             rates
             for
             every
             polle
             brought
             in
             :
             So
             that
             now
             the
             whole
             Nation
             is
             proscribed
             ,
             and
             every
             mans
             head
             set
             to
             sale
             ,
          
           and
           made
           a
           staple
           commodity
           ,
           (
           far
           beyond
           the
           definite
           proscriptions
           of
           
             Silla
          
           &
           the
           
             Triumvirate
          
           aforesaid
           )
           These
           sons
           of
           
             Belial
          
           are
           sent
           forth
           to
           compasse
           the
           earth
           seeking
           whom
           they
           may
           devoure
           .
           These
           (
           with
           the
           Liberty
           of
           Priviledged
           Spies
           )
           speake
           bold
           Language
           to
           draw
           other
           men
           into
           danger
           :
           and
           plot
           conspiracies
           ,
           which
           themselves
           derect
           and
           are
           rewarded
           like
           Decoy
           Duckes
           for
           their
           paines
           .
           Of
           this
           sort
           are
           
             Bernard
          
           and
           
             Pits
          
           set
           on
           work
           to
           betray
           
             Gell
          
           and
           
             Andrews
             ,
          
           as
           aforesaid
           .
           For
           which
           
             Bernard
          
           had
           300l
           .
           and
           a
           Troope
           of
           horse
           conferred
           upon
           him
           .
           
             Johnson
          
           that
           falsly
           accused
           Sr
           
             Rob.
             Sherly
          
           and
           
             Col.
             Egerton
          
           for
           their
           charity
           in
           releiving
           his
           wants
           ,
           is
           another
           ;
           
             Varney
          
           is
           a
           fourth
           .
           So
           well
           are
           they
           fitted
           with
           these
           Sons
           of
           
             Belial
             ,
          
           that
           no
           
             Naboth
          
           can
           keepe
           his
           Vineyard
           ,
           if
           a
           Grandee
           cast
           a
           covetous
           eye
           upon
           it
           ;
           they
           can
           prove
           what
           they
           list
           .
           Nay
           it
           is
           usuall
           for
           our
           Grandees
           to
           molest
           one
           man
           with
           
           examining
           him
           20.
           or
           30.
           severall
           times
           ,
           against
           one
           Prisoner
           ,
           &
           upon
           one
           point
           ,
           to
           distract
           his
           memory
           ,
           &
           not
           to
           let
           him
           be
           quiet
           until
           he
           perceive
           ,
           He
           must
           speak
           what
           their
           questions
           and
           discourses
           lead
           him
           to
           ,
           to
           redeem
           himselfe
           from
           vexation
           .
           To
           say
           nothing
           of
           their
           Menaces
           ,
           To
           torture
           men
           if
           they
           will
           not
           confes
           ,
           what
           they
           impudently
           pretend
           is
           already
           discovered
           by
           other
           means
           :
           And
           their
           insinuating
           into
           the
           affections
           of
           witnesses
           by
           asking
           them
           :
           Whether
           the
           State
           doth
           not
           owe
           them
           money
           ?
           And
           why
           they
           doe
           not
           use
           fitting
           means
           and
           opportunities
           to
           recover
           it
           ?
           And
           why
           they
           do
           not
           make
           means
           for
           some
           beneficial
           employment
           ?
        
         
           5.
           
           
             In
             Magna
             Charta
             ,
          
           chap.
           29.
           it
           is
           enacted
           ,
           
             That
             no
             Freeman
             shal
             be
             taken
             or
             imprisoned
             ;
             or
             be
             disseised
             of
             his
             Freehold
             or
             Liberties
             or
             free
             Customes
             ,
             or
             be
             outlawed
             or
             exiled
             ,
             or
             any
             otherwise
             destroyed
             ;
          
           nor
           
             we
             will
             not
             passe
             upon
             him
             or
             condemne
             him
             ,
             but
             by
             lawfull
             Judgement
             of
             his
             Peares
             ,
             or
             by
             the
             Law
             of
             the
             Land
             .
             We
             will
             sell
             to
             no
             man
             ,
             We
             will
             not
             deny
             or
             deferre
             to
             any
             man
             ,
             Justice
             or
             Right
             .
          
           See
           Statut
           ,
           2.
           Ed.
           III.
           chap.
           8.
           5.
           Ed.
           III.
           chap.
           9.
           14.
           Ed.
           III.
           chap.
           14.
           25.
           Ed.
           III.
           chap.
           4.
           11.
           R.
           II.
           chap.
           10.
           
           Pet.
           of
           Right
           .
           3.
           Car.
           1.
           10.
           Ed.
           IV.
           fol.
           6.
           
           Dier
           .
           fol.
           104.
           
           Cooke
           lib.
           5
           ,
           fol.
           6.
           lib.
           10.
           fol.
           74.
           lib.
           11.
           fol.
           99.
           
           Regist.
           fol.
           86.
           
           Where
           note
           the
           word
           (
           
             Peeres
          
           )
           signifies
           ,
           that
           no
           man
           is
           to
           be
           condemned
           or
           destroyed
           ,
           but
           by
           the
           lawful
           verdict
           of
           a
           
             Iury
             of
          
           12.
           
             sworne
             men
             of
             the
             Neighbourhood
          
           where
           the
           Fact
           was
           committed
           ;
           because
           (
           in
           probability
           )
           Neighbours
           may
           have
           best
           cognizance
           of
           the
           Fact
           ,
           and
           of
           the
           life
           and
           conversation
           of
           the
           Party
           Accused
           .
           And
           these
           only
           are
           
             Competent
             Judges
             of
             Matter
             of
             Fact
             ;
          
           &
           in
           many
           cases
           of
           Matter
           of
           Law
           too
           ,
           if
           they
           will
           take
           the
           
           knowledge
           of
           the
           Law
           upon
           them
           .
           Neither
           can
           this
           Petty
           Jury
           of
           12.
           men
           goe
           upon
           the
           prisoner
           ,
           unlesse
           a
           
             Bill
             of
             Inditement
          
           containing
           the
           whole
           Matter
           of
           charge
           be
           first
           found
           in
           open
           Court
           by
           a
           Grand
           Jury
           or
           Enquest
           of
           sworne
           men
           ;
           who
           are
           to
           enquire
           of
           the
           Fact
           upon
           the
           Oathes
           of
           two
           lawfull
           witnesses
           (
           at
           least
           )
           to
           every
           material
           Point
           of
           the
           Enditement
           and
           then
           ,
           when
           the
           Grande
           Enquest
           are
           all
           agreed
           ,
           the
           Foreman
           endorseth
           upon
           the
           backe
           of
           the
           Bill
           (
           
             Billa
             vera
          
           )
           and
           then
           presents
           it
           in
           open
           Court
           ,
           as
           the
           Information
           for
           the
           King
           of
           the
           whole
           Enqueste
           :
           otherwise
           the
           Enditement
           is
           quasht
           ,
           and
           nul
           .
           Cookes
           3.
           Instit.
           chap.
           High
           Treason
           and
           Petty
           Treason
           .
           And
           whereas
           the
           Statut.
           saith
           ,
           (
           but
           by
           his
           Peeres
           ,
           or
           by
           the
           Law
           of
           the
           Land
           )
           
             Lex
             Terrae
             ,
          
           signifies
           ,
           The
           Auntient
           Customes
           of
           the
           Land
           ;
           Amongst
           which
           Fundamentall
           Customes
           ;
           Trials
           by
           Juries
           hold
           a
           principall
           place
           .
           And
           
             when
             the
             King
             Charles
             I.
             accused
             this
             Parlament
             ,
             That
             they
             disposed
             of
             the
             Subjects
             Lives
             &
             fortunes
             by
             their
             votes
             ,
             contrary
             to
             the
             known
             Laws
             of
             the
             Land
             ,
             This
             Parlament
             in
             their
             remonstr.
             .
             Sep
             ,
          
           1642.
           
           (
           1.
           Part.
           of
           the
           Book
           of
           Declarations
           fol.
           693.
           )
           
             highly
             resented
             it
             .
          
           And
           
             Magna
             Charta
          
           being
           nothing
           else
           but
           an
           affirmation
           of
           the
           common
           Law
           ,
           inserted
           this
           Clause
           (
           
             or
             by
             the
             Law
             of
             the
             Land
          
           )
           as
           a
           speciall
           caution
           ,
           not
           to
           annihilate
           or
           frustrate
           (
           no
           ;
           not
           so
           much
           as
           tacitely
           ,
           or
           by
           preterition
           )
           any
           of
           the
           said
           Fundamentall
           Lawes
           or
           Customes
           ,
           nor
           any
           other
           particular
           lawfull
           Customes
           ,
           which
           are
           not
           one
           and
           the
           same
           in
           all
           parts
           of
           England
           ;
           Witnes
           the
           Custom
           of
           
             Savelkind
          
           in
           Kent
           .
           I
           have
           told
           you
           what
           our
           known
           auncient
           .
           Legall
           Courts
           of
           Justice
           doe
           .
           And
           I
           must
           tell
           you
           that
           
             Legall
             formes
             and
             set
             Modes
             of
             proceedings
             
             are
             so
             essentiall
             unto
             Justice
             ,
             that
             without
             them
             we
             cannot
             measure
             the
             Rectitude
             or
             obliquity
             of
             justice
             or
             injustice
             :
          
           where
           they
           do
           not
           chalke
           forth
           the
           way
           ,
           both
           Judges
           ,
           Lawyers
           ,
           Officers
           &
           Atturneys
           will
           tread
           what
           subtle
           ,
           obscure
           paths
           they
           please
           ,
           usurpe
           an
           Arbitrary
           power
           and
           latitude
           to
           prevaricate
           ;
           &
           so
           far
           corrupt
           &
           work
           the
           Law
           to
           their
           sence
           ,
           that
           they
           will
           rather
           
             Leges
             dare
             ,
          
           then
           
             Leges
             dicere
             ,
          
           so
           that
           what
           is
           Law
           in
           one
           mans
           case
           ,
           shall
           not
           be
           so
           in
           another
           mans
           ,
           They
           will
           so
           intricate
           and
           intangle
           causes
           ;
           that
           every
           case
           shall
           be
           
             Casus
             pro
             amico
             ;
          
           as
           Civilians
           call
           it
           ;
           when
           upon
           full
           hearing
           ,
           The
           Merits
           of
           the
           cause
           appear
           so
           equall
           ,
           and
           undistinguishable
           on
           both
           parts
           ;
           that
           the
           Iudge
           may
           (
           according
           to
           his
           discretion
           )
           look
           upon
           the
           Merits
           of
           the
           Persons
           only
           :
           and
           give
           the
           cause
           ;
           
             Pauperiori
             ,
             via
             Charitatis
             ,
          
           or
           
             digniori
             ,
             ratione
             virtutis
             .
             Justice
             not
             fixed
             by
             formalities
             ,
             wil
             become
             such
             a
             vagrant
             ,
             that
             no
             man
             shal
             know
             where
             to
             find
             her
             .
          
           Let
           us
           now
           see
           what
           our
           new
           shambles
           out
           upstart
           High
           Court
           doth
           .
           Which
           in
           this
           worke
           of
           Reformation
           and
           Destruction
           ,
           so
           much
           abhors
           superstition
           and
           ceremonies
           ,
           and
           stickes
           so
           close
           to
           a
           summary
           way
           of
           proceeding
           ,
           that
           they
           have
           not
           onely
           stripped
           ,
           but
           flead
           her
           :
           as
           their
           Masters
           the
           Parliament
           not
           only
           fleece
           ,
           but
           flea
           the
           People
           .
           In
           lieu
           of
           a
           Bill
           of
           Presentment
           ,
           by
           a
           Grande
           Enquest
           ,
           the
           pretended
           Parliament
           or
           Counsel
           of
           State
           ,
           send
           
             a
             List
             of
             such
             Persons
             names
             ,
          
           as
           they
           have
           proscribed
           ,
           And
           set
           a
           
             Nigrum
             Theta
          
           upon
           ,
           (
           as
           men
           dangerous
           to
           their
           designed
           interest
           )
           to
           the
           Masters
           of
           their
           Slaughter-house
           ,
           The
           said
           High
           Court
           ,
           together
           with
           such
           Depositions
           as
           they
           have
           taken
           in
           corners
           ,
           against
           the
           Prisoners
           :
           and
           this
           is
           such
           a
           fore judging
           of
           them
           ,
           that
           the
           said
           Court
           neither
           will
           not
           dare
           acquit
           ,
           whom
           
           their
           Masters
           and
           pay-Masters
           have
           precondemned
           .
           Next
           
             Articles
             of
             Impeachment
             in
             nature
             of
             a
             charge
          
           are
           drawn
           up
           against
           the
           Prisoner
           (
           although
           such
           Articles
           are
           nothing
           in
           Law
           ,
           which
           regards
           only
           a
           Bill
           of
           Inditement
           )
           Then
           the
           Prisoner
           after
           a
           close
           Imprisonment
           for
           he
           knows
           not
           what
           )
           upon
           two
           dayes
           warning
           is
           led
           to
           the
           Bar
           ;
           where
           the
           first
           worke
           is
           to
           dazle
           his
           eyes
           ,
           amase
           and
           distract
           his
           judgement
           and
           memory
           with
           the
           terror
           of
           their
           souldiers
           ,
           the
           Numerousnesse
           ,
           high
           affronting
           words
           and
           looks
           of
           his
           Judges
           ;
           having
           thus
           mortified
           the
           Prisoner
           ,
           he
           is
           commanded
           to
           hear
           his
           charge
           read
           :
           and
           bid
           
             plead
             to
             it
             .
             Guilty
             ;
             or
             not
             Guilty
             .
          
           If
           he
           own
           their
           jurisdiction
           and
           plead
           the
           said
           General
           Plea
           ,
           they
           have
           him
           where
           they
           would
           have
           him
           :
           they
           never
           ask
           him
           ;
           how
           he
           wil
           be
           tried
           ?
           Whether
           by
           God
           and
           his
           Country
           ?
           for
           God
           hath
           no
           hand
           in
           these
           proceedings
           ,
           nor
           amongst
           such
           Judges
           ;
           and
           this
           rod
           of
           Iron
           is
           provided
           to
           bruise
           his
           Country
           ,
           as
           well
           as
           himselfe
           .
           Lieutenant
           
             Col.
             Lilbornes
          
           Triall
           hath
           taught
           them
           That
           it
           is
           an
           easier
           Matter
           for
           them
           to
           packe
           a
           Butcher
           Row
           of
           confiding
           ,
           partiall
           Judges
           ,
           then
           a
           Jury
           ;
           who
           are
           liable
           to
           be
           challenged
           ,
           if
           suspected
           of
           partiality
           .
           When
           
             Col.
             Andrewes
          
           claimed
           to
           be
           tried
           legally
           as
           a
           Freeman
           by
           a
           Jury
           and
           vouched
           Great
           Charter
           ,
           and
           many
           other
           Statutes
           ,
           (
           whereof
           see
           his
           aforesaid
           three
           Answers
           )
           that
           sneaking
           Blood-sucker
           ,
           illitterate
           
             Keeble
          
           answered
           .
           Those
           Statutes
           were
           out
           of
           date
           now
           ,
           (
           meaning
           they
           were
           taken
           away
           by
           conquest
           ,
           )
           
             So
             that
             this
             shamble
             Row
             of
             Judges
             ,
             take
             upon
             them
             to
             be
             ,
             both
             Judges
             of
             the
             Law
             ,
             (
             without
             acknowledging
             the
             Fundamentall
             Lawes
             of
             the
             Land
             ,
             or
             taking
             any
             Oath
             of
             Indifferency
             to
             the
             People
             )
             Triors
             of
             the
             Fact
             ,
             or
             Jurates
             of
             life
             and
             Death
             (
             without
             being
             sworne
             
             to
             find
             according
             to
             Evidence
             )
             as
             well
             as
             Parties
             and
             Prosecutors
             .
          
           Theeves
           upon
           the
           high
           way
           may
           as
           justly
           arraigne
           a
           true
           man
           before
           them
           ,
           because
           he
           brought
           no
           money
           in
           his
           purse
           ,
           offered
           to
           draw
           his
           sword
           and
           hid
           his
           money
           about
           him
           in
           contempt
           of
           their
           jurisdiction
           and
           Authority
           ;
           and
           condemne
           him
           upon
           such
           a
           mock
           Trial
           &
           mummery
           or
           enterlude
           of
           Justice
           ,
           as
           these
           Fellowes
           .
           
             If
             they
             allow
             him
             counsell
             ,
          
           his
           Counsell
           must
           apprehend
           the
           minds
           of
           his
           Iudges
           ,
           at
           his
           perill
           ;
           and
           not
           be
           so
           faithfull
           and
           diligent
           as
           to
           helpe
           his
           client
           in
           earnest
           ;
           Least
           the
           Counsell
           of
           State
           ,
           or
           some
           other
           power
           (
           whose
           will
           is
           a
           Law
           )
           interpose
           and
           banish
           him
           20.
           miles
           from
           London
           ;
           as
           they
           did
           Master
           
             Sprat
             ,
          
           Sr
           
             Iohn
             Gells
          
           Sollicitor
           ,
           before
           Sr
           
             Iohns
          
           businesse
           was
           ended
           ;
           whereby
           Sr
           
             Iohns
          
           was
           left
           destitute
           of
           means
           to
           follow
           his
           busines
           ,
           himself
           being
           close
           Prisoner
           .
           If
           they
           permit
           any
           
             witnes
             to
             speak
             on
             the
             prisoners
             part
             ,
          
           He
           coms
           at
           his
           perill
           :
           Sr
           
             Iohn
             Gells
          
           first
           witnes
           was
           so
           baffled
           in
           Court
           ,
           that
           the
           rest
           stole
           away
           &
           durst
           not
           appeare
           .
           
             I
             have
             not
             heard
             whether
             they
             give
             any
             Copy
             of
             their
             Articles
             of
             Impeachment
             to
             the
             Prisoner
             ,
          
           (
           for
           they
           cover
           all
           their
           doing
           with
           such
           a
           Plaguy
           Egyptian
           D●●knes
           ,
           that
           we
           cannot
           see
           a
           glimpse
           of
           light
           )
           or
           whether
           they
           goe
           a
           Star
           Chamber
           way
           ,
           and
           make
           him
           Answer
           
             Ore
             tenus
             ,
          
           and
           
             ex
             tempore
          
           for
           his
           life
           and
           Estate
           .
           
             But
             if
             they
             give
             him
             any
             copy
             ,
             or
             any
             time
             to
             answer
             ,
             it
             is
             not
             above
             four
             or
             five
             dayes
             ,
             or
             a
             weeke
             ,
             nor
             do
             they
             allow
             him
             Counsell
             ,
             or
             any
             other
             Cleering
             of
             the
             way
             to
             his
             defence
             ,
             untill
             he
             have
             ensnared
             himselfe
             by
             owning
             their
             jurisdiction
             ,
             and
             pleaded
             the
             generall
             Plea
             ,
             Not
             Guilty
             .
             If
             he
             plead
             not
             an
             issuable
             Plea
             ,
             and
             yeeld
             to
             their
             jurisdiction
             ,
             quitting
             all
             benefit
             of
             the
             Law
             &
             Legal
             proceedings
             ,
             the
             Razor
             is
             at
             his
             throat
             ,
             they
             
             thirst
             after
             his
             Blood
             ;
             &
             they
             presently
             sentence
             him
             guilty
             of
             contumacy
             &
             take
             it
          
           pro
           confesso
           .
           
             And
             if
             he
             do
             submit
             &
             plead
             :
             His
             plea
             wil
             have
             the
             operation
             but
             of
             a
             psaelm
             of
             Mercy
             ,
             prolonging
             his
             life
             but
             for
             a
             short
             time
             ,
             in
             the
             interim
          
           Keeble
           
             &
             his
             Court
             plays
             with
             him
             as
             a
             Cat
             doth
             with
             a
             Mouse
             ,
             and
             then
             devours
             him
             .
             For
             no
             man
             is
             sent
             to
             this
             Court
             to
             be
             tried
             ,
             but
             to
             be
             condemned
             .
             In
             hac
             arena
             dimicatur
             sine
             missione
             .
          
           Herein
           they
           shew
           themselves
           much
           more
           tirannous
           &
           bloody
           then
           the
           Duke
           
             D'
             Alva
          
           when
           he
           erected
           his
           said
           counsel
           of
           Troubles
           ,
           called
           
             Concilium
             Sanguinis
             ,
          
           or
           the
           bloody
           conventicle
           ;
           as
           this
           wil
           shortly
           be
           .
           For
           saith
           Strada
           Declar.
           1
           lib.
           7.
           
           
             Procurator
             regius
             menses
             4.
             
             Conficiendae
             Accusationi
             accipiens
             sibi
             ;
          
           5
           
             Concedebat
             ad
             Defensionemreis
             (
             Egmontio
             ,
             Hornano
             ,
             &c
          
           )
           The
           Kings
           Attorney
           tooke
           four
           Months
           time
           to
           draw
           up
           the
           Charge
           or
           Accusation
           ,
           and
           gave
           five
           Months
           time
           to
           the
           Respondents
           to
           make
           their
           defence
           .
           And
           had
           he
           given
           lesse
           then
           five
           Months
           time
           ,
           To
           Instruct
           Counsell
           ,
           Pen
           their
           Answers
           ,
           produce
           and
           summon
           witnesses
           ,
           inquire
           into
           the
           lives
           &
           conversation
           of
           their
           Accusors
           ,
           his
           feet
           had
           been
           swift
           to
           shed
           blood
           .
           
             Nulla
             unquam
             de
             morte
             hominis
             cunctatio
             longa
             est
             ,
          
           But
           our
           Inquisitors
           take
           whole
           years
           to
           themselves
           to
           hunt
           for
           Matter
           of
           Accusation
           and
           hire
           and
           engage
           witnesses
           against
           men
           kept
           in
           ignorance
           and
           want
           with
           close
           imprisonment
           :
           and
           allow
           not
           them
           so
           many
           dayes
           to
           make
           their
           Defence
           .
           
             All
             manner
             of
             Accusors
             and
             witnesses
             ,
             though
             apparently
             suborned
             and
             forsworn
             in
             the
             same
             cause
             ,
             and
             proofes
             without
             exceptions
             offered
             to
             the
             Court
             that
             they
             are
             of
             infamous
             life
             and
             conversation
             ,
             are
             in
             this
             Court
             (
             the
             Object
             of
             whose
             desires
             are
             blood
             and
             Confiscations
             ,
             not
             Iustice
             )
             lawfull
             witnesses
             ,
          
           such
           witnesses
           were
           the
           said
           
             Bernard
          
           and
           
             Pits
             ;
          
           Monsters
           of
           man
           .
           
           See
           Sir
           
             John
             Gels
          
           case
           stated
           :
           Printed
           about
           August
           ,
           1650.
           
           
             To
             Cite
             any
             antient
             ,
             known
             Laws
             or
             Statutes
             ,
             or
             any
             other
             then
             their
             own
             new
             coined
             Acts
             ,
             passed
             by
             this
          
           8.
           
           
             Part
             of
             a
             House
             of
             Commons
             ,
             (
             since
             they
             became
             elect
             Members
             chosen
             by
          
           Thomas
           Pride
           )
           
             is
             to
             incur
             the
             High
             Indignation
             of
             the
             Court
             ,
             expressed
             abundantly
             in
             their
             words
             &
             looks
             .
             But
             to
             put
             them
             in
             minde
             of
             the
             Parliaments
             many
             Declarations
             ,
             to
             maintain
             the
             ancient
             known
             Laws
             ,
             Liberties
             ,
             and
             Properties
             of
             the
             people
             ,
             is
             to
             scandall
             the
             present
             Government
             and
             incur
             the
             Censure
             of
             that
             unknown
             mysterious
             Crime
             ,
             which
             knaves
             call
             Malignancy
             .
          
           The
           witnesses
           and
           Judges
           being
           thus
           irrefragable
           ,
           the
           first
           may
           swear
           what
           they
           will
           ,
           the
           second
           may
           judge
           what
           they
           will
           ,
           since
           they
           are
           left
           at
           large
           and
           have
           all
           things
           
             in
             scrinio
             pectoris
             :
          
           and
           Book
           Law
           must
           give
           place
           to
           Bench
           Law
           ;
           
             The
             Jurisdiction
             and
             Authority
             of
             this
             New
             unparalelled
             Court
             is
             such
             a
             Mistery
             of
             iniquity
             ,
             so
             unscrutable
             and
             unquestionable
             ,
          
           that
           if
           a
           prisoner
           scruple
           (
           in
           the
           least
           )
           either
           it
           ,
           or
           any
           of
           the
           uncouth
           proceedings
           of
           it
           ;
           it
           is
           a
           Mortall
           sin
           to
           him
           ,
           and
           he
           is
           presently
           interrupted
           ,
           and
           affronted
           both
           with
           disdainfull
           words
           and
           looks
           .
           And
           told
           ,
           
           
             We
             are
             satisfied
             with
             our
             Authority
             ,
             that
             are
             your
             Judges
             ,
          
           (
           so
           are
           Thieves
           upon
           the
           High
           way
           satisfied
           with
           their
           Authority
           that
           rob
           and
           murther
           us
           by
           Gods
           Providence
           and
           permission
           .
           )
           
             It
             is
             upon
             Gods
             Authority
             and
             the
             Kingdoms
             ,
          
           (
           yet
           what
           they
           do
           is
           against
           the
           will
           of
           God
           revealed
           in
           his
           Scriptures
           ;
           and
           against
           the
           known
           ,
           established
           Laws
           ,
           Statutes
           ,
           and
           continual
           Practise
           of
           the
           Kingdome
           :
           )
           
             Which
             Authority
             commands
             you
             in
             the
             name
             of
             the
             People
             of
             England
             to
             answer
             them
             .
          
           (
           Yet
           at
           lest
           )
           9.
           parts
           of
           10.
           of
           the
           people
           so
           much
           abhorre
           these
           and
           other
           their
           Practises
           that
           every
           mans
           mouth
           speakes
           against
           them
           with
           bitter
           curses
           and
           reproaches
           to
           
           restrain
           which
           they
           have
           minted
           Acts
           of
           New
           Treasons
           ,
           to
           make
           men
           Offenders
           ,
           nay
           Traitors
           ,
           even
           for
           bare
           words
           ;
           and
           erected
           this
           bloudy
           ,
           illegall
           Theater
           ,
           The
           High
           Court
           (
           so
           called
           ,
           for
           its
           High
           Injustice
           )
           as
           a
           Spanish
           Inquisition
           over
           them
           ,
           &
           every
           mans
           hand
           would
           be
           about
           their
           ears
           ,
           did
           they
           not
           keep
           an
           Army
           of
           Janisaries
           to
           suppresse
           them
           .
           )
           
             Their
             Authority
             they
             do
             avow
             to
             the
             whole
             World
             ,
             that
             the
             whole
             Kingdom
             are
             to
             rest
             satisfied
             therewith
             .
          
           (
           You
           see
           here
           a
           Whip
           and
           a
           Bell
           provided
           to
           keep
           the
           whole
           Kingdom
           in
           aw
           :
           the
           declared
           Supreme
           power
           of
           their
           Soveraign
           Lord
           the
           people
           ,
           must
           resign
           their
           known
           Laws
           to
           their
           Trustees
           ,
           their
           Representatives
           in
           parliament
           ,
           and
           take
           new
           Laws
           from
           their
           Arbitrary
           Votes
           ,
           or
           wo
           be
           to
           their
           Necks
           and
           Shouldiers
           )
           
             I
             must
             interrupt
             you
             ,
             what
             you
             do
             is
             not
             agreeable
             to
             the
             Proceedings
             of
             any
             Court
             of
             Justice
             .
             You
             are
             about
             to
             enter
             into
             Argument
             and
             dispute
             concerning
             the
             Authority
             of
             this
             Court
             ;
             before
             whom
             you
             appeare
             as
             a
             prisonner
             ;
             you
             may
             not
             dispute
             the
             Authority
             of
             this
             Court
             :
             nor
             will
             any
             Court
             give
             way
             to
             it
             ,
             you
             are
             to
             submit
             to
             it
             .
          
           (
           It
           is
           not
           safe
           to
           confute
           a
           lye
           told
           with
           Authority
           .
           Yet
           if
           a
           man
           be
           Endicted
           of
           Treason
           or
           Felony
           in
           the
           Court
           of
           Common
           Pleas
           ,
           a
           man
           may
           Demurre
           to
           ,
           and
           dispute
           the
           Jurisdiction
           of
           that
           Court
           ;
           because
           it
           is
           not
           in
           Criminall
           Causes
           ,
           
             Competens
             Forum
             ;
          
           nor
           the
           Judges
           Compentent
           Judges
           ;
           every
           man
           and
           every
           cause
           must
           be
           tried
           
             Suo
             Foro
             ,
             non
             Alieno
             .
          
           80
           if
           a
           Peer
           be
           Arraigned
           in
           the
           Kings
           Bench
           .
           And
           for
           this
           upstart
           ,
           unpresidented
           High
           Court
           ;
           it
           is
           no
           Court
           of
           Judicature
           at
           all
           ,
           as
           being
           erected
           without
           lawful
           Authority
           ;
           Consisting
           of
           Incompetent
           Judges
           ,
           no
           Records
           belonging
           to
           it
           :
           and
           tending
           to
           disinherit
           ,
           and
           disfranchise
           all
           the
           People
           of
           
             England
             :
          
           and
           to
           
           murder
           them
           .
           )
           
             You
             may
             not
             dispute
             the
             Jurisdiction
             of
             the
             Supreme
             and
             Highest
             Authority
             of
          
           England
           ,
           
             from
             which
             there
             is
             no
             Appeal
             ,
             The
             Votes
             of
             the
             Commons
             of
          
           England
           
             assembled
             in
             Parliament
             is
             the
             Reason
             of
             the
             Kingdome
             .
          
           (
           Oh
           Brutish
           ,
           irrational
           Kingdome
           !
           )
           Where
           40.
           or
           50.
           
           Anabaptisticall
           Members
           ,
           the
           Dregs
           and
           Lees
           of
           the
           House
           of
           Commons
           ,
           after
           all
           the
           best
           and
           sincerest
           (
           7.
           parts
           of
           8.
           )
           had
           been
           racked
           and
           purged
           out
           at
           the
           Bunghole
           by
           
             Cromwell
          
           the
           Brewer
           and
           
             Pride
          
           his
           Drayman
           ,
           shall
           be
           called
           the
           Reason
           and
           Law
           of
           the
           Land
           .
           This
           confirms
           the
           truth
           of
           what
           King
           
             Charls
          
           the
           I.
           Objected
           to
           the
           Parliament
           (
           whereof
           I
           have
           formerly
           spoken
           (
           
             That
             they
             disposed
             of
             the
             Subjects
             Lives
             and
             Fortunes
             ,
             by
             their
             own
             Votes
             ,
             against
             the
             known
             Laws
             of
             the
             Land
             .
          
           But
           that
           there
           should
           be
           no
           Appeal
           to
           their
           declared
           Soveraign
           Lord
           the
           people
           ,
           from
           their
           subordinate
           Trustees
           in
           Parliament
           is
           wonderfull
           ;
           Considering
           that
           in
           all
           Governments
           ,
           The
           last
           Appeal
           is
           ever
           to
           the
           Highest
           and
           most
           Absolute
           power
           .
           But
           it
           may
           be
           they
           will
           be
           the
           Peoples
           Trustees
           in
           spight
           of
           their
           Teeth
           ,
           and
           by
           the
           power
           of
           the
           Sword
           ;
           and
           so
           free
           themselves
           from
           rendring
           any
           account
           of
           their
           Stewardship
           .
           )
           
             You
             may
             not
             Demurre
             to
             the
             Jurisdiction
             of
             the
             Court
             .
             If
             you
             do
             ,
             they
             let
             you
             know
             ,
             that
             they
             over
             rule
             your
             Demerrer
             ,
             and
             affirm
             their
             own
             Jurisdiction
             .
             Reason
             is
             not
             to
             be
             he
             heard
             against
             the
             Highest
             Jurisdiction
             the
             Commons
             of
          
           England
           ,
           
             make
             a
             direct
             &
             positive
             Answer
             ,
             either
             by
             denying
             or
             confessing
             ,
             and
             put
             in
             immediately
             an
             issuable
             Plea
             ,
          
           Guilty
           ,
           
             or
          
           Not
           Guilty
           
             of
             the
             Charge
             ,
             or
             we
             will
             record
             your
             Default
             and
             contumacy
             ,
             and
             by
             an
             implicite
             confession
             take
             you
             guilty
             pro
             confesso
             ,
             &
             immediately
             give
             judgment
             against
             you
             .
          
           (
           This
           (
           as
           I
           told
           you
           before
           )
           is
           it
           that
           blanches
           the
           Deer
           into
           the
           Toile
           ,
           But
           God
           deliver
           us
           from
           that
           
           Jurisdiction
           that
           is
           too
           high
           to
           hear
           Reason
           ;
           and
           that
           over
           rules
           Demurrers
           before
           they
           be
           heard
           .
           )
           I
           have
           told
           you
           as
           much
           of
           the
           proceedings
           of
           this
           Court
           ,
           as
           the
           Novelty
           ,
           Obscurity
           ,
           uncertainty
           and
           confusion
           thereof
           will
           give
           me
           leave
           .
           Let
           me
           now
           (
           by
           way
           of
           overplus
           )
           give
           you
           the
           great
           dangers
           and
           slavery
           that
           will
           be
           fall
           all
           sorts
           of
           People
           ,
           if
           they
           tamely
           and
           cowardly
           suffer
           themselves
           to
           be
           deprived
           of
           their
           auticent
           ,
           legal
           Tryals
           by
           Endictment
           and
           Juries
           of
           the
           Neighbour
           hood
           :
           (
           then
           which
           the
           whole
           world
           cannot
           boast
           of
           a
           more
           equall
           way
           )
           and
           suffer
           their
           Lives
           ,
           Liberties
           ,
           Estates
           ,
           and
           Honours
           to
           be
           subject
           to
           an
           Arbitrary
           ,
           Extrajudiciall
           conventicle
           of
           Blood
           ,
           (
           
             Cromwels
             new
             Slaughter
             house
          
           )
           which
           hath
           neither
           Law
           ,
           Justice
           ,
           Conscience
           ,
           Reason
           ,
           President
           or
           Authority
           Divine
           or
           Humane
           ,
           but
           onely
           the
           pretended
           Parliaments
           irrational
           Votes
           and
           the
           power
           of
           the
           Sword
           to
           maintain
           it
           ,
           which
           will
           prove
           a
           Cittadell
           over
           their
           Liberties
           ,
           a
           snare
           to
           their
           Estates
           ,
           a
           Deadfall
           to
           their
           lives
           ,
           and
           a
           scandal
           to
           their
           honours
           and
           familes
           ,
           if
           not
           timely
           opposed
           .
        
         
           1.
           
           
             By
             the
             Law
             the
             Endictment
             must
             specifie
             what
             the
             Treason
             is
             ,
             and
             against
             what
             Person
             committed
             ;
             As
             against
             our
             Soveraign
             Lord
             the
             King
             ,
             his
             Crown
             and
             Dignity
             .
          
           But
           in
           the
           said
           Articles
           of
           Impeachment
           ,
           it
           is
           alleaged
           that
           the
           Treason
           is
           committed
           against
           the
           present
           Government
           ,
           or
           ,
           against
           the
           Keepers
           of
           the
           Liberties
           of
           
             England
             ;
          
           but
           in
           this
           dead-water
           our
           turning
           Tide
           between
           the
           old
           Regall
           ,
           and
           this
           new
           unknown
           Government
           ;
           no
           man
           knows
           how
           to
           do
           ,
           look
           or
           speak
           for
           fear
           of
           contracting
           the
           guilt
           of
           an
           Interpretative
           Treason
           ,
           upon
           the
           said
           two
           Statutes
           for
           New
           Treasons
           ,
           and
           before
           this
           boundlesse
           ,
           lawlesse
           new
           Court
           .
           And
           
             to
             say
             ,
             that
             Treason
             is
             committed
             against
             a
             Government
             in
             abstracto
             ,
             is
             Non-sence
             :
             
             it
             must
             be
             said
             that
             Treason
             is
             committed
             against
             the
             Governours
             in
             Concreto
             ,
             naming
             them
             .
          
           For
           there
           being
           
             no
             Treason
             without
             Allegiance
             ;
          
           And
           
             Allegiance
             being
             a
             personall
             Obligation
             ,
             must
             be
             due
             from
             a
             certain
             known
             Person
             ,
             to
             a
             certain
             known
             Person
             ,
             or
             Persons
             .
          
           And
           therefore
           
             the
             Keepers
             of
             the
             Liberties
             of
             England
             ,
             not
             being
             yet
             made
             known
             to
             us
             ,
             who
             they
             are
             ,
             or
             where
             to
             be
             found
             ,
             or
             what
             their
             power
             ,
             duty
             or
             office
             is
             ;
             and
             being
             not
             tied
             by
             any
             set
             Oath
             to
             deal
             well
             and
             truly
             with
             the
             People
             ,
             (
             as
             Kings
             are
             by
             their
             Coronation
             Oath
             ;
             for
             if
             the
             stipulation
             be
             not
             mutuall
             ,
             the
             People
             are
             Slaves
             ,
             not
             subjects
          
           )
           since
           the
           Duties
           of
           Allegiance
           and
           Protection
           ,
           Obedience
           and
           Command
           being
           reciprocall
           (
           as
           they
           must
           needs
           be
           ,
           the
           Parliament
           having
           declared
           the
           Supreme
           power
           to
           be
           in
           the
           People
           ;
           they
           must
           not
           govern
           them
           
             Mero
             Imperio
          
           (
           by
           lawlesse
           Votes
           )
           like
           Turkish
           ,
           Tartarian
           and
           Russian
           Slaves
           .
           
             I
             cannot
             ow
             nor
             perform
             Allegiance
             to
             those
             individua
             vaga
             (
             the
             Keepers
             or
             Gaolers
             of
             our
             Liberties
             )
          
           nor
           to
           an
           Utopian
           Commonwealth
           .
           And
           without
           Allegiance
           no
           Treason
           :
           for
           in
           all
           Endictments
           of
           High
           Treason
           ,
           it
           must
           be
           alledged
           ;
           
             That
             the
             accused
             did
             (
             Proditoriè
             )
             perpetrate
             such
             and
             such
             Crimes
             ;
             Contra
             debitam
             Allegantiam
             suam
             .
          
           And
           the
           word
           (
           
             Proditoriè
             )
             signifies
             the
             betraying
             of
             a
             Trust
             :
          
           According
           to
           the
           Proverbe
           ;
           In
           Trust
           ,
           is
           Treason
           .
           
             Now
             where
             there
             is
             no
             profession
             of
             Allegiance
             ,
             there
             is
             no
             acceptance
             of
             a
             Trust
             ,
             no
             man
             can
             trust
             me
             against
             my
             will
             .
          
           I
           was
           born
           under
           a
           Regall
           Government
           ,
           have
           read
           the
           Stat.
           Recognition
           ,
           1.
           Jac.
           Have
           taken
           (
           as
           well
           as
           others
           )
           the
           Legall
           Oathes
           of
           Allegiance
           ,
           Obedience
           and
           Supremacy
           to
           the
           
             King
          
           his
           
             Heires
          
           and
           
             Lawfull
             Successors
             :
          
           imposed
           upon
           me
           by
           lawfull
           Authority
           ,
           and
           from
           which
           no
           power
           on
           Earth
           can
           absolve
           me
           :
           and
           so
           much
           I
           attest
           
           in
           the
           Oath
           of
           Supremacy
           .
           And
           how
           I
           should
           now
           come
           (
           after
           the
           New
           Moduling
           of
           the
           Parliament
           and
           Kingdome
           by
           Souldiers
           )
           to
           ow
           Allegiance
           to
           
             Cromwell
          
           the
           Brewer
           ,
           
             Scot
          
           the
           Brewers
           Clerk
           ,
           
             Bradshaw
          
           the
           murderous
           petty
           fogger
           ,
           Sr.
           
             Hen.
             Mildmay
          
           the
           Court
           pander
           and
           projector
           ,
           
             Holland
          
           the
           Linckeboy
           ,
           
             John
             Trenchard
          
           that
           packed
           a
           Committee
           (
           in
           which
           he
           was
           a
           Member
           )
           and
           Voted
           to
           himself
           2000l
           .
           
             Love
          
           the
           super-inducted
           Six
           Clerk
           ,
           or
           any
           other
           of
           that
           Self-created
           Authority
           ,
           let
           them
           sheath
           their
           swords
           and
           tell
           me
           .
        
         
           2.
           
           
             An
             Endictment
             must
             certainly
             alledge
             the
             Offence
             committed
             ,
          
           
           
             in
             respect
             of
             the
             Matter
             ,
             Time
             ,
             Place
             ,
             persons
             and
             other
             circumstances
             ;
          
           But
           in
           these
           Articles
           of
           Impeachment
           they
           tie
           themselves
           to
           no
           such
           certainties
           ;
           Whereby
           the
           Accused
           knows
           not
           at
           what
           ward
           to
           lie
           ,
           nor
           how
           to
           make
           his
           Defence
           .
           The
           Circumstances
           of
           time
           ,
           place
           and
           person
           ,
           being
           the
           assured
           Testimony
           of
           all
           Humane
           Actions
           .
           This
           lawlesse
           Court
           leaves
           him
           in
           a
           vast
           Sea
           of
           Troubles
           ,
           without
           pole-starre
           ,
           card
           or
           compasse
           to
           steer
           by
           :
           The
           Arbitrary
           Opinions
           of
           this
           Court
           ,
           declared
           upon
           emergent
           Occasions
           ,
           being
           a
           fals
           hearted
           Pilot
           to
           him
           .
           
             These
             Judges
             not
             being
             of
             Counsell
             with
             the
             prisoner
             ,
             as
             our
             Legal
             Judges
             are
             ,
             who
             swear
             to
             do
             Justice
             according
             to
             the
             Law
             .
          
        
         
           3.
           
           
             By
             the
             Law
             ,
             any
             learned
             man
             that
             is
             present
             ,
             may
             inform
             the
             Court
             ;
             for
             the
             benefit
             of
             the
             prisoner
             ,
             of
             any
             thing
             that
             may
             make
             the
             proceedings
             erronious
             .
             Cooks
             3.
             Instit.
             pag.
          
           29.
           
           But
           the
           whole
           proceedings
           of
           this
           Court
           ,
           their
           meeting
           and
           sitting
           being
           erronious
           ,
           here
           is
           no
           room
           left
           for
           admonition
           ,
           To
           take
           away
           their
           errours
           ,
           is
           to
           take
           away
           the
           Court
           .
        
         
         
           4.
           
           
             Cooks
             2.
             Inst.
             p.
          
           51.
           expounding
           the
           29.
           chapter
           of
           
             Magna
             Charta
             ,
          
           hath
           these
           words
           .
           
             All
             Commissions
             ought
             to
             be
             grounded
             upon
             the
             Law
             of
             England
          
           (
           not
           upon
           the
           Votes
           of
           the
           House
           of
           Commons
           )
           
             and
             to
             contain
             this
             clause
             in
             them
             .
             To
             do
             what
             is
             just
             according
             to
             the
             Laws
             &
             customs
             of
             England
             ;
          
           (
           not
           to
           execute
           the
           several
           powers
           given
           them
           by
           the
           Act
           26.
           
           
             March
          
           1650
           )
           and
           a
           little
           further
           he
           saith
           .
           Against
           this
           Antient
           and
           Fundamentall
           Law
           I
           finde
           an
           Act
           of
           Parliament
           made
           11.
           
           
             Hen.
             VII
             .
             chap.
          
           3.
           
           That
           as
           well
           Justices
           of
           Assize
           as
           Justices
           of
           the
           Peace
           ,
           without
           any
           finding
           or
           presentment
           by
           the
           verdict
           of
           twelve
           men
           ,
           upon
           a
           bare
           Information
           for
           the
           King
           before
           them
           made
           ,
           should
           have
           full
           power
           and
           Authority
           by
           their
           Discretions
           ,
           to
           hear
           and
           determine
           all
           Offences
           &
           Contempts
           committed
           ,
           or
           done
           by
           any
           person
           or
           persons
           ,
           against
           the
           Form
           ,
           Ordinance
           or
           effect
           of
           any
           Statute
           made
           and
           not
           repealed
           ;
           saving
           Treason
           ,
           Murder
           or
           Felony
           .
           By
           colour
           of
           which
           Act
           shaking
           this
           Fundamentall
           Law
           ,
           it
           is
           not
           credible
           what
           horrible
           Oppressions
           and
           Exactions
           ,
           to
           the
           undoing
           of
           infinite
           number
           of
           people
           ,
           were
           Committed
           by
           
             Empson
          
           and
           
             Dudley
          
           Justices
           of
           the
           Peace
           throughout
           
             England
             .
          
           And
           upon
           this
           unjust
           and
           injurious
           Act
           ,
           
             a
             new
             Office
             was
             erected
             (
             as
             commonly
             in
             like
             cases
             it
             falleth
             out
             )
             and
             they
             made
             Masters
             of
             the
             Kings
             Forfeitures
             .
             (
             I
             heare
             such
             an
             other
             Office
             will
             be
             erected
             ,
             when
             the
             novelty
             of
             this
             wonderfull
             High
             Court
             is
             lessened
             ,
             and
             the
             yoak
             thereof
             throughly
             setled
             upon
             the
             people
             necks
             )
          
           Yet
           observe
           the
           said
           
             Act
             11.
             H.
             7.
             cap
          
           3.
           went
           not
           so
           high
           as
           to
           Treason
           ,
           Murder
           ,
           and
           Felony
           .
           But
           by
           the
           
             Stat.
             1.
             Hen.
             VIII
             .
             chap.
          
           6.
           the
           said
           
             Act
          
           11.
           
           
             Hen.
             VII
             .
          
           was
           repealed
           ,
           and
           the
           reason
           given
           ,
           For
           that
           by
           force
           of
           the
           said
           Act
           it
           was
           manifestly
           known
           ;
           That
           many
           sinister
           and
           crafty
           ,
           forged
           and
           feigned
           Informations
           
           had
           bin
           pursued
           against
           many
           of
           the
           Kings
           Subjects
           ,
           to
           their
           great
           dammage
           and
           wrongful
           vexation
           .
           The
           ill
           successe
           hereof
           (
           saith
           
             Cooke
          
           )
           and
           the
           fearful
           end
           of
           these
           two
           Oppressors
           ,
           (
           who
           were
           Endicted
           and
           suffered
           for
           High
           Treason
           for
           all
           the
           said
           Act
           11.
           
           
             Hen.
          
           VII
           .
           passed
           in
           a
           full
           and
           free
           Parliament
           :
           
             Cook
             .
          
           3.
           Instit.
           pag.
           208.
           )
           
             Should
             admonish
             Parliaments
             ,
             That
             in
             stead
             of
             this
             Ordinary
             and
             pretious
             Triall
             by
             the
             Law
             of
             the
             Land
             ,
             they
             bring
             not
             in
             Absolute
             and
             partiall
             Tryals
             by
             discretion
             .
          
           And
           in
           his
           4.
           Instit.
           p.
           41.
           
           
             Cook
          
           saith
           ,
           
             Let
             Parliaments
             leave
             all
             Causes
             to
             be
             measured
             by
             the
             golden
             and
             streightned
             wand
             of
             the
             Law
             ,
             and
             not
             the
             uncertaine
             and
             crooked
             corde
             of
             Discretion
             :
             for
             it
             is
             not
             almost
             credible
             to
             foresee
             ,
             when
             any
             Maxime
             or
             Fundamental
             Law
             of
             the
             Land
             is
             altered
             ,
             what
             dangerous
             inconveniences
             will
             follow
             ;
             as
             appears
             by
             this
             unjust
             and
             strange
             Act
          
           11.
           
           Hen.
           VII
           .
           chap.
           3.
           
        
         
           5.
           
           
             This
             Parliament
             alwayes
             declared
             they
             bore
             Arms
             against
             the
             King
             ,
             in
             Defence
             of
             the
             Laws
             ,
             Liberties
             and
             properties
             of
             the
             people
             .
          
           This
           way
           ran
           the
           whole
           current
           of
           their
           Declarations
           .
           
             And
             they
             alwaies-reckoned
             Magna
             Charta
             ,
             the
             Petition
             of
             Right
             and
             Trials
             by
             ●uries
             ,
             the
             Chief
             and
             most
             Fundamental
             of
             all
             our
             Laws
             .
             See
             their
             Remonstrance
             :
             Therefore
             in
             their
             7.
             
             Article
             against
          
           Strafford
           .
           
             They
             charged
             him
             with
             High
             Treason
             ,
             for
             giving
             Judgments
             against
             mens
             Estates
             ,
             without
             Trials
             by
             Juries
             .
             Much
             aggravated
             by
             Mr.
             St.
             
          
           Johns
           
             in
             his
             aforesaid
             Argument
             against
             Strafford
             .
          
           And
           for
           the
           better
           preservation
           of
           Legall
           Trials
           by
           Juries
           ,
           it
           is
           provided
           in
           the
           Bill
           of
           Attainder
           of
           
             Strafford
             ,
          
           that
           the
           case
           of
           the
           same
           Earle
           should
           not
           be
           used
           as
           a
           President
           in
           succeeding
           times
           .
           
             And
             in
             two
             of
             this
             Parliaments
             late
             Declarations
          
           9
           
             Febr.
             and
             17.
             
             March
             ,
             1648.
             
             The
             Parliament
             promiseth
             .
             
             To
             preserve
             and
             keep
             the
             Fundamentall
             Laws
             of
             the
             Land
             ,
             for
             preservation
             of
             the
             lives
             ,
             Liberties
             &
             Properties
             of
             the
             People
             ,
             with
             all
             things
             incident
             thereto
             .
             Now
             to
             erect
             an
             Arbitrarie
             ,
             Lawles
             High
             Court
             ,
             to
             give
             Judgement
             against
             mens
             lives
             &
             Estates
             ,
             and
             attain
             their
             blouds
             ,
             without
             Enditement
             found
             by
             a
             Grande
             Jury
             ,
             and
             a
             Triall
             by
             a
             Jury
             of
             12
             sworn
             men
          
           vicineto
           ;
           
             is
             a
             farr
             fouler
             breach
             of
             Trust
             in
             them
             against
             their
             Soveraign
             Lords
             the
             People
             ,
             then
             all
             they
             Charged
             the
             King
             withall
             ;
             and
             a
             farr
             Higher
             Act
             of
             Tyranny
             and
             Injustice
             then
             either
             the
             late
             King
             ;
             or
             Empson
             and
             Dudley
             or
             Strafford
             were
             accused
             of
             .
          
           But
           
             if
             they
             alleage
             :
             They
             do
             not
             put
             down
             Juries
             in
             Generall
             ,
             but
             onely
             in
             some
             particular
             mens
             cases
             ,
             &
             upon
             Necessity
             .
          
           I
           Answer
           .
           
             That
             we
             are
             all
             born
             Freemen
             of
             England
             alike
             ;
             That
             our
             Auntient
             known
             Laws
             ,
             Lawes
             Courts
             and
             Trialls
             by
             Juries
             are
             our
             Inheritance
             equall
             alike
             to
             all
             .
             And
             one
             Party
             or
             part
             of
             the
             People
             ought
             not
             to
             be
             disherited
             ,
             disfranchised
             or
             forejudged
             no
             more
             then
             another
             .
             No
             man
             can
             be
             said
             guilty
             of
             any
             Crime
             untill
             he
             be
             legally
             convicted
             &
             sentenced
             :
             the
             Lawe
             must
             first
             go
             upon
             him
             &
             condemn
             him
             .
             Vbi
             lex
             non
             distinguit
             ,
             non
             est
             distinguendum
             .
             If
             we
             do
             not
             live
             all
             under
             one
             Lawe
             ,
             and
             forme
             of
             Justice
             ,
             we
             are
             not
             all
             of
             one
             Common-wealth
             ,
          
           See
           the
           afore
           mentioned
           Gentlemans
           Argument
           ,
           
             against
             the
             Speciall
             Commission
             of
             the
             Court
             of
             York
             .
          
           For
           
             Necessity
             :
          
           Our
           present
           power
           is
           under
           none
           :
           but
           the
           fears
           and
           terrors
           of
           their
           own
           guiltie
           consciences
           .
           No
           apparence
           nor
           probability
           of
           any
           enemy
           by
           their
           own
           confession
           :
           nor
           can
           they
           pleade
           in
           their
           excuse
           ,
           a
           Necessity
           which
           they
           have
           brought
           upon
           themselves
           .
           I
           know
           
             some
             Kings
             have
             ,
             de
             facto
             ,
             used
             the
             Animadversion
             of
             the
             Sword
             to
             cut
             off
             such
             powerfull
             and
             dangerous
             Persons
             as
             could
             not
             safely
             be
             called
             to
             account
             by
             the
             Law
             ;
             so
             died
          
           Joab
           ,
           Adoniah
           ,
           &c.
           
           
             For
             which
             the
             rule
             is
             .
             Neminem
             adeo
             eminere
             debere
             ,
             ut
             Legibus
             interrogari
             nequeat
             :
             qui
             Jus
             
             aequum
             ferre
             non
             potest
             ,
             in
             eum
             vim
             haud
             in
             justam
             fore
             .
          
           No
           man
           ought
           to
           advance
           himself
           above
           the
           powers
           of
           the
           Law
           :
           He
           that
           will
           not
           submit
           to
           equall
           Right
           ,
           if
           he
           be
           cut
           off
           by
           violence
           ,
           suffers
           no
           wrong
           :
           
             But
             this
             is
             to
             be
             understood
             of
             the
             Eminency
             and
             greatnes
             of
             the
             Person
             ,
             not
             of
             the
             greatnes
             of
             the
             Crime
             ;
             whereof
             no
             man
             is
             to
             be
             forejudged
             ;
             because
             a
             great
             Crime
             may
             prove
             a
             great
             Calumny
             ,
             untill
             a
             Legall
             Triall
             have
             adjudged
             it
             .
          
           But
           there
           is
           no
           Person
           in
           England
           so
           eminent
           for
           power
           or
           Authoritie
           ,
           but
           that
           the
           least
           of
           
             Bradshaws
          
           Ban-dogs
           can
           drive
           him
           to
           the
           Slaughter-house
           ,
           and
           make
           him
           offer
           his
           throat
           to
           
             Keeble
             .
          
           Therefore
           
             Animadversio
             Gladii
             ,
          
           if
           at
           any
           time
           lawfull
           ,
           is
           now
           unlawfull
           .
           
             To
             make
             great
             examples
             ,
             upon
             men
             of
             little
             power
             ,
             is
             great
             Injustice
             .
          
           But
           the
           way
           of
           this
           Court
           is
           not
           
             Animadversio
             per
             Gladium
             .
          
           It
           is
           a
           Mocking
           ,
           a
           Counterfeiting
           ,
           an
           Adulterating
           and
           Alchimisting
           of
           Justice
           :
           it
           is
           to
           falsifie
           her
           waights
           and
           Ballance
           ,
           and
           steal
           her
           Sword
           to
           Commit
           Murder
           withall
           .
        
         
           6.
           
           By
           the
           knowne
           Lawes
           Matter
           of
           Fact
           is
           entrusted
           to
           the
           Jury
           ;
           
           Matter
           of
           Law
           to
           the
           Judges
           ;
           to
           prevent
           all
           Errors
           ,
           Combinations
           and
           Partiallities
           .
           The
           Judges
           are
           sworn
           to
           do
           Justice
           according
           to
           the
           Lawe
           ;
           The
           Jury
           are
           sworne
           to
           finde
           according
           to
           their
           Evidence
           .
           
             But
             in
             this
             High
             Court
             the
             Commissioners
             or
             Judges
             are
             all
             packed
             ,
             Confiding
             men
             ,
             chosen
             by
             and
             out
             of
             one
             Party
             ,
             to
             destroy
             all
             of
             a
             different
             Party
             .
          
           They
           usurp
           the
           Office
           of
           Judges
           not
           being
           sworn
           to
           deal
           well
           and
           lawfully
           with
           the
           People
           (
           as
           by
           the
           said
           
             Stat.
             18.
             Edw.
             III.
          
           )
           nor
           to
           do
           Justice
           according
           to
           the
           Lawe
           .
           But
           onely
           to
           execute
           powers
           given
           by
           the
           said
           
             Act
             26.
             
             March
          
           1650.
           
           And
           they
           arrogate
           (
           as
           Jury-men
           )
           to
           be
           Triers
           of
           the
           Fact
           ,
           without
           being
           sworn
           ,
           To
           find
           according
           to
           Evidence
           .
           So
           that
           they
           are
           Judges
           ,
           Juries
           and
           Parties
           ,
           and
           (
           for
           ease
           of
           their
           tender
           Consciences
           (
           without
           any
           Oath
           of
           Indifferencie
           .
           
           
             A
             most
             excellent
             Compendium
             of
             Oppression
             .
             They
             may
             go
             to
             the
             Devil
             for
             Injustice
             ,
             and
             not
             be
             forsworn
             .
             Great
             is
             the
             Privilege
             of
             the
             Godly
             .
          
        
         
           7.
           
           
             The
             Prisoner
             may
             except
             against
             his
             Jurers
             ,
             either
             against
             the
             Array
             ,
             if
             the
             Sheriff
             or
             Baily
             impannelling
             the
             Jury
             ,
             be
             not
             wholly
             disingaged
             and
             Indifferent
             ;
             both
             to
             the
             cause
             ,
             and
             to
             the
             Parties
             ,
             Prosecuting
             and
             Prosecuted
             .
             Or
             against
             the
             Poll
             ,
             he
             may
             Challenge
             35
             peremptorily
             ;
             and
             as
             many
             more
             as
             he
             can
             render
             Legal
             Cause
             of
             Challenge
             for
             .
          
           As
           for
           
             defect
             of
             Estate
             ,
          
           or
           other
           
             Abilities
             ,
          
           or
           for
           
             Partiality
             ,
             Disaffection
             ,
             Engagement
             ,
             Infamy
             .
          
           But
           this
           Array
           of
           Jury-men-Judges
           (
           
             A
          
           Medley
           so
           new
           we
           knowe
           not
           how
           to
           expresse
           it
           )
           though
           picked
           and
           empannelled
           by
           an
           Engaged
           Remainder
           of
           the
           Commons
           ,
           and
           obnoxious
           to
           all
           exceptions
           ,
           must
           not
           be
           challenged
           ,
           their
           backs
           are
           too
           much
           galled
           to
           endure
           the
           least
           touch
           .
           
             Take
             heed
             you
             scandall
             not
             the
             Court
             (
             cries
          
           Master
           Atturney
           )
           See
           Col.
           
           Andrewes
           3
           Answeres
           .
        
         
           8.
           
           
             Many
             Exceptions
             in
             a
             Legall
             Triall
             ,
             are
             allowed
             against
             Imperfections
             ,
             Uncertainties
             and
             Illegallities
             in
             the
             Bill
             of
             Enditement
             ,
             for
             the
             advantage
             of
             the
             Prisoner
             .
          
           But
           no
           Exceptions
           are
           allowed
           against
           these
           Illegal
           Articles
           of
           Impeachement
           ;
           which
           are
           made
           uncertain
           ,
           intricate
           ,
           obscure
           and
           ambiguous
           purposely
           to
           pussle
           ,
           confound
           ,
           and
           entangle
           the
           Respondent
           .
        
         
           9.
           
           
             By
             the
             Lawe
             a
             Bill
             of
             Enditement
             must
             have
             two
             full
             and
             cleere
             lawfull
             witnesses
             to
             every
             considerable
             Matter
             of
             Fact
             ;
          
           
           
             both
             at
             finding
             the
             Bill
             and
             at
             the
             Triall
             .
          
           Cookes
           3.
           Instit.
           pag.
           25.
           26.
           
           
             And
             Probationes
             debent
             esse
             luce
             clariores
             .
          
           Proofes
           must
           be
           as
           cleere
           as
           the
           Sun
           ;
           
             not
             grounded
             upon
             Inferences
             ,
             Presumptions
             ,
             Probabilities
             .
          
           And
           the
           Prisoner
           must
           be
           
             Provablement
             Attainte
             ,
          
           saith
           the
           Stat.
           25.
           Ed.
           III.
           chap.
           2.
           
           Cookes
           3.
           Instit.
           pag.
           12.
           
           
             The
             word
             
             (
             Atteinted
             )
             shews
             he
             must
             be
             legally
             proceeded
             with
             :
             not
             by
             absolute
             power
             as
             formerly
             had
             bin
             used
             (
             and
             as
             is
             now
             used
             by
             this
             bloudy
             High
             Court
          
           )
           But
           before
           these
           Slaughter-men
           of
           the
           High
           Court
           ,
           all
           manner
           of
           witnesses
           ,
           Legal
           or
           Illegal
           ,
           one
           or
           two
           ,
           sworn
           or
           not
           sworn
           ,
           or
           apparently
           forsworn
           and
           suborned
           ,
           and
           all
           proofes
           cleere
           or
           not
           cleere
           are
           sufficient
           .
           The
           Prisoner
           is
           sent
           thither
           fore-doomed
           ,
           and
           hath
           his
           deaths
           Marck
           ,
           his
           fate
           in
           his
           forehead
           .
        
         
           10.
           
           
             The
             said
          
           Act
           26.
           
           March
           1650.
           
           
             Carries
             two
             faces
             under
             one
             hood
             ;
             and
             looks
             backwards
             as
             well
             as
             forewards
             .
             To
             facts
             Precedent
             as
             well
             as
             Subsequent
             the
             said
             Act
             ,
          
           Contrary
           to
           the
           Nature
           of
           all
           Laws
           ,
           whose
           Office
           is
           
             to
             prohibite
             before
             it
             punish
             ,
             to
             warn
             before
             it
             strike
             .
          
           Where
           St.
           Paul
           defineth
           
             Sinne
             to
             be
             The
             breach
             of
             Commandement
             ,
             or
             Law
             .
             I
             had
             not
             known
             Sinne
             but
             by
             the
             Lawe
             .
          
           The
           Law
           must
           therefore
           be
           precedent
           to
           the
           Offence
           .
           But
           these
           Acts
           are
           not
           
             Laws
             to
             admonish
             ,
          
           but
           
             Lime-twigges
             and
             Trappes
             to
             ensnare
          
           and
           Catch
           men
           .
           See
           Col.
           Andrewes
           3.
           
           Answers
           at
           the
           latter
           end
           of
           this
           Book
           .
        
         
           Fourthly
           ,
           and
           lastly
           I
           am
           to
           consider
           .
           
             To
             what
             end
             and
             purpose
             this
             New
             invented
             High
             Court
             is
             constituted
             and
             appointed
             ?
          
           Concerning
           which
           see
           a
           Letter
           dated
           6.
           
           June
           1650.
           
           
             Stilo
             veteri
             ,
          
           from
           the
           Hague
           ,
           (
           supposed
           to
           be
           
             Walter
             Strick-lands
             ,
             the
             Parliaments
             Agent
             there
          
           )
           as
           I
           finde
           it
           in
           
             Walter
             Frostes
          
           Brief
           Relations
           of
           some
           Affairs
           and
           Transactions
           ,
           &c.
           from
           Tuesday
           June
           11.
           to
           June
           18.
           1650.
           wherein
           the
           Epistoler
           hath
           these
           words
           .
           
             
               One
               peece
               of
               the
               cure
            
             (
             viz
             :
             of
             the
             daungers
             that
             threaten
             your
             New
             State
             )
             
               must
               be
               Phlebotomy
               ,
            
             but
             then
             you
             must
             begin
             before
             Decumbency
             ,
             and
             then
             it
             will
             be
             facile
             to
             prevent
             danger
             ,
             &c.
             
             They
             are
             here
             most
             of
             all
             affraid
             of
             your
             High
             Court
             of
             Justice
             ,
             which
             they
             
             doubt
             may
             much
             discourage
             their
             party
             ,
             they
             wish
             you
             would
             not
             renewe
             the
             power
             thereof
             ,
             but
             let
             it
             expire
             :
             then
             they
             think
             that
             after
             Michilmas
             they
             may
             expect
             Assistance
             with
             you
             .
             And
             indeed
             that
             Court
             is
             of
             almost
             as
             much
             use
             to
             you
             as
             an
             Army
             :
             and
             will
             prevent
             the
             rising
             of
             as
             many
             Enemies
             ,
             as
             the
             other
             will
             destroy
             ,
             onely
             you
             must
             be
             sure
             to
             execute
             Justice
             there
             with
             all
             Severity
             .
             A
             few
             of
             the
             first
             stirrers
             taken
             away
             by
             the
             power
             thereof
             ,
             without
             respect
             to
             cousen
             or
             Countrey
             will
             keep
             all
             the
             rest
             quiet
             .
             But
             
               whosoever
               that
               Court
               condemns
               ,
               let
               them
               be
               as
               already
               dead
               ,
            
             &c.
             
             But
             
               let
               them
               be
               most
               free
               in
               cutting
               the
               vena
               Coephalica
               (
               that
               is
               the
               Presbyterian
               Party
               )
               for
               the
               Basilica
            
             (
             or
             Royal
             Party
             )
             will
             be
             latent
             .
             
               The
               Median
            
             (
             or
             levellors
             )
             would
             be
             spared
             as
             much
             as
             may
             be
             ,
             that
             the
             body
             be
             not
             too
             much
             emaciated
             .
             Besides
             the
             bloud
             is
             most
             corrupt
             in
             the
             Coephaliks
             (
             
               or
               Presbyterians
            
             )
             and
             is
             the
             very
             
               causa
               continens
            
             of
             your
             disease
             ,
             You
             need
             not
             fear
             to
             take
             freely
             of
             this
             vein
             ,
             &c.
             
          
           Heere
           you
           see
           this
           State-Mountebancke
           gives
           you
           the
           use
           and
           Application
           of
           this
           corrasive
           .
           (
           The
           High
           Shambles
           of
           Justice
           )
           so
           fully
           that
           I
           shall
           not
           need
           to
           comment
           upon
           it
           .
           And
           in
           the
           latter
           end
           of
           a
           Letter
           from
           
             Cromwell
             ,
          
           dated
           from
           Dunbar
           4.
           
           September
           1650.
           (
           as
           I
           finde
           it
           
             in
             Politicus
          
           )
           speaking
           of
           his
           new
           purchased
           victory
           over
           the
           Scots
           .
           
             Cromwell
          
           saith
           ;
           
             God
             puts
             it
             more
             and
             more
             into
             your
             hands
             to
             improve
             your
             power
             ,
          
           (
           viz.
           your
           absolute
           Authority
           )
           
             wee
             pray
             own
             his
             People
             more
             and
             more
             ,
          
           (
           that
           is
           ;
           The
           Army
           )
           
             they
             are
             the
             Chariots
             and
             Horsmen
             of
             Israel
          
           (
           of
           the
           Kingdom
           of
           the
           Saints
           )
           
             disowne
             your selves
             but
             owne
             your
             Authority
          
           (
           vvhich
           you
           enjoy
           under
           the
           Protection
           of
           the
           Army
           ,
           your
           Lords
           Paramounte
           )
           
             and
             improve
             it
             ;
             to
             Curbe
             the
             Proud
             and
             the
             Insolent
             ,
          
           &c.
           
           (
           That
           is
           all
           men
           of
           
           different
           Opinions
           and
           Parties
           from
           them
           ;
           that
           will
           not
           engage
           to
           be
           true
           and
           owe
           Allegeance
           to
           the
           Kingdom
           of
           the
           Saints
           ,
           and
           resigne
           their
           Lawes
           ,
           Liberties
           and
           properties
           to
           their
           lusts
           and
           wills
           )
           That
           I
           have
           not
           misconstrued
           the
           contents
           of
           
             Cromwells
          
           mistical
           Letter
           will
           appear
           by
           
             a
             Discourse
             in
             the
             same
             Politicus
          
           Numb.
           17.
           from
           Thursday
           September
           26.
           to
           October
           3.
           1650.
           
           Where
           (
           according
           to
           his
           Custom
           )
           delivering
           forth
           State
           Oracles
           to
           the
           people
           :
           He
           tells
           them
           in
           plaine
           English
           .
           
             That
             after
             the
             Confusions
             of
             a
             Civill
             warr
             ,
             there
             is
             a
             Necessity
             of
             some
             settlement
             ,
             and
             it
             can
             not
             in
             reason
             ,
             be
             imagined
             ,
             (
             the
             Controversy
             being
             determined
             by
             the
             sword
             )
             that
             the
             Conquerers
             should
             submit
             to
             the
             conquered
             ,
          
           though
           more
           in
           number
           then
           themselves
           .
           
             Nor
             are
             they
             obliged
             to
             settle
             the
             Government
             again
             according
             to
             the
             former
             Laws
             ;
             and
             Constitutions
             ,
             but
             may
             erect
             such
             a
             form
             as
             they
             themselves
             conceive
             most
             convenient
             for
             their
             own
             preservation
             .
             For
             after
             a
             Civil
             war
             the
             written
             Laws
             (
             viz.
             established
             Laws
             of
             the
             Nation
             )
             are
             of
             no
             force
             ,
             but
             onely
             those
             which
             are
             not
             written
             .
          
           (
           And
           a
           little
           after
           )
           The
           King
           having
           by
           Right
           of
           war
           ,
           lost
           his
           share
           and
           interest
           in
           Authority
           ,
           and
           power
           ,
           being
           conquered
           ,
           
             by
             Right
             of
             war
             the
             whole
             must
             needs
             reside
             in
             that
             part
             of
             the
             People
             which
             prevailed
             over
             him
             :
          
           There
           being
           no
           middle
           power
           to
           make
           any
           claim
           ,
           and
           so
           
             the
             whole
             Right
             of
             Kingly
             Authority
             in
             England
             being
             by
             Military
             Decision
             resolved
             into
             the
             prevaling
             Party
             ,
             what
             Government
             soever
             it
             pleaseth
             them
             to
             erect
             ,
             is
             as
             valide
             de
             Jure
             ,
             as
             if
             it
             had
             the
             consent
             of
             the
             whole
             Body
             of
             the
             People
             .
          
           That
           he
           should
           affirm
           That
           after
           a
           Civil
           war
           the
           Established
           Lawes
           cease
           :
           is
           so
           grosse
           a
           piece
           of
           Ignorance
           ,
           that
           there
           is
           hardly
           any
           History
           extant
           but
           confutes
           it
           ;
           After
           our
           Barons
           warr
           and
           the
           Civil
           warr
           between
           
             York
          
           and
           
             Lancaster
             ,
          
           Our
           Established
           
           Laws
           flourished
           ;
           so
           did
           they
           after
           the
           Norman
           Conquest
           .
           How
           many
           Civil
           Warrs
           in
           France
           have
           left
           their
           Lawes
           untouched
           ?
           That
           of
           the
           Holy
           League
           lasted
           40
           years
           ,
           
             Belgia
          
           keeps
           her
           Lawes
           maugre
           her
           intestine
           Warrs
           :
           What
           is
           now
           become
           of
           the
           Parliaments
           declared
           Supream
           power
           and
           Soveraigne
           Lord
           the
           People
           ,
           the
           Originall
           and
           Fountain
           of
           all
           Iust
           power
           ?
           are
           they
           not
           all
           here
           proclaimed
           Ear-bored
           slaves
           for
           ever
           ?
           But
           I
           had
           thought
           that
           an
           Army
           of
           Mercinary
           Saints
           raised
           ,
           payed
           and
           commissioned
           by
           the
           Parliament
           to
           defend
           the
           Religion
           ,
           Lawes
           ,
           Liberties
           and
           Properties
           of
           the
           People
           ;
           and
           the
           Kings
           Crown
           and
           Dignitie
           ,
           according
           to
           the
           Protestation
           and
           Covenant
           :
           and
           the
           Parliaments
           Declarations
           ,
           would
           not
           have
           made
           such
           Carnal
           and
           Hypocriticall
           use
           of
           their
           Victories
           gotten
           by
           Gods
           Providence
           and
           the
           Peoples
           Money
           ,
           as
           to
           destroy
           our
           known
           Laws
           ,
           Liberties
           ,
           and
           Properties
           ,
           and
           claim
           by
           Conquest
           ,
           and
           impose
           their
           own
           lusts
           ,
           for
           Laws
           upon
           us
           ,
           Thereby
           rendering
           themselves
           Rebells
           against
           their
           God
           ,
           their
           King
           and
           Countrey
           .
           Nor
           was
           it
           ever
           the
           State
           of
           the
           Quarrell
           between
           the
           King
           and
           Parliament
           whose
           Slaves
           the
           People
           should
           be
           ?
           Or
           whether
           we
           should
           have
           one
           King
           ,
           Governing
           by
           the
           known
           ,
           established
           Lawes
           ?
           or
           40
           Tyrants
           Governing
           by
           their
           owne
           lusts
           and
           Arbitrary
           votes
           ,
           against
           our
           written
           Lawes
           ?
           Nor
           can
           the
           successe
           make
           a
           Conquest
           just
           ,
           unless
           the
           cause
           of
           the
           warr
           were
           Originally
           just
           ,
           and
           the
           prosecution
           thereof
           justly
           managed
           .
           As
           1.
           
           To
           
             vindicate
          
           a
           Just
           Claim
           and
           Title
           .
           2.
           
           
             Ad
             res
             repetendas
             .
          
           To
           recover
           Dammages
           wrongfully
           sustained
           .
           3.
           
           To
           repell
           an
           Injury
           done
           to
           your self
           ,
           or
           to
           your
           Ally
           in
           league
           with
           you
           .
        
         
           The
           ultimate
           end
           of
           these
           wicked
           Endeavours
           is
           ,
           
           To
           establish
           and
           cement
           with
           the
           bloud
           of
           their
           Adversaries
           ,
           the
           Kingdom
           of
           the
           Brambles
           or
           Saints
           ;
           already
           founded
           in
           bloud
           .
           By
           cutting
           off
           all
           such
           by
           their
           said
           New
           Acts
           of
           Treason
           and
           High
           Court
           of
           Justice
           ,
           as
           will
           not
           bow
           their
           Necks
           to
           their
           Iron
           yoake
           .
           Which
           appears
           more
           cleerely
           in
           an
           
             Additionall
             Act
             giving
             farther
             power
             to
             the
             said
             High
             Court
             ,
          
           (
           dated
           27.
           
           Aug.
           1650.
           )
           
             To
             hear
             and
             determine
             all
             Misprisions
             or
             concealments
             of
             Treasons
          
           mentioned
           or
           contained
           in
           any
           of
           the
           said
           Articles
           or
           Acts
           of
           Parliaments
           :
           And
           to
           inflict
           such
           punishments
           and
           award
           such
           execution
           ,
           as
           by
           the
           Lawes
           and
           Statutes
           have
           bin
           ,
           or
           may
           be
           ,
           inflicted
           .
           
             This
             Lawe
             (
             if
             I
             miscall
             it
             not
             )
             considering
             how
             they
             have
             multiplied
             Treasons
             by
             their
             said
          
           3
           
             New
             Statutes
             ,
          
           14.
           
           May
           .
           17.
           
           July
           1649.
           
             and
          
           26
           March
           1650.
           
           
             Whereby
             bare
             words
             without
             Act
             are
             made
             High
             Treason
             ;
             Contrarie
             to
             those
             well
             approved
             Statutes
             .
          
           25.
           Ed.
           III.
           chap.
           2.
           1.
           Hen.
           IV.
           chap.
           10.
           1.
           Edw.
           VI
           .
           chap.
           12.
           I.
           Mariae
           chap.
           1.
           
           Cooke
           3.
           Instit.
           saith
           ,
           
             That
             words
             may
             make
             an
             Heretique
             ,
             not
             a
             Traitor
             ,
          
           Chap.
           High
           Treason
           .
           
             And
             the
             Scripture
             denounceth
             a
             wo
             to
             him
             ;
             That
             maketh
             a
             man
             an
             Offender
             for
             a
             word
             )
             is
             one
             of
             the
             cruelst
             ,
             and
             most
             generally
             dangerous
             and
             entrapping
             that
             ever
             was
             made
             .
             For
             hereby
             all
             Relations
             ;
             Husband
             and
             Wife
             ;
             Parents
             and
             Children
             ;
             Brothers
             and
             Sisters
             ,
             Masters
             and
             Servants
             are
             all
             injoyned
             to
             be
             informers
             against
             ,
             and
             Accusors
             of
             one
             another
             (
             which
             is
             to
             take
             upon
             them
             the
             Devils
             Office
             (
             and
             be
             ,
             Accusatores
             Fratrum
             )
             for
             light
             and
             vain
             words
             spoken
             onely
             in
             Passion
             or
             ignorantly
             :
             or
             else
             they
             fall
             into
             the
             Jawes
             of
             this
             alldevouring
             Court
          
           (
           from
           whence
           ,
           no
           more
           then
           from
           Hell
           ,
           there
           is
           no
           Redemption
           )
           
             for
             Misprision
             of
             Treason
             :
             the
             Penaltie
             whereof
             is
             losse
             of
             Libertie
             and
             Lands
             for
             life
             ;
             and
             of
             Goods
             for
             ever
             ,
          
           
           Who
           can
           imagine
           lesse
           heerby
           ,
           but
           that
           
             our
             Statistes
             intend
             to
             raise
             a
             yearly
             revenue
             by
             this
             Court
             ,
             by
             Forfeitures
             and
             Confiscations
             :
             and
             to
             erect
             an
             Office
             of
             Master
             of
             the
             States
             Forfeitures
             :
             like
             Empsons
             and
             Dudleis
             in
          
           Hen.
           VII
           .
           
             time
             aforesaid
             .
          
           
           And
           so
           continue
           this
           Court
           ,
           to
           weede
           out
           the
           Auntient
           Inhabitants
           
             Cananites
          
           and
           
             Amalechites
             .
          
           The
           said
           Additional
           Act
           ,
           27.
           
           Aug.
           1650.
           concludes
           ,
           That
           the
           said
           High
           Court
           shall
           not
           examine
           ,
           Try
           or
           proceed
           against
           any
           Person
           other
           then
           such
           as
           shall
           be
           first
           by
           name
           appointed
           by
           the
           Parliament
           or
           Counsel
           of
           State
           .
           It
           should
           seem
           the
           Parliament
           and
           Counsel
           of
           State
           supply
           the
           want
           of
           a
           Grand
           Enquest
           ;
           and
           their
           Appointment
           is
           in
           stead
           of
           a
           Bill
           of
           Enditement
           found
           and
           presented
           .
           
             As
             assuredly
             as
             The
             High
             Inquisition
             was
             erected
             in
             Spain
             by
             Firdinando
             and
             Isabella
             to
             extirpate
             the
             Mahometan
             Moors
             :
             And
             the
             said
             Councel
             of
             Bloud
             in
             the
             Lowe
             Countries
             ,
             by
             the
             Duke
             D'Alva
             to
             weed
             out
             the
             Lutherans
             ,
             Calvinistes
             and
             Anabaptistes
             .
             So
             is
             this
             High
             Court
             set
             up
             in
             England
             to
             root
             out
             the
             Royallistes
             ,
             Presbyterians
             and
             Levellors
             ;
             and
             generally
             all
             that
             will
             not
             wholly
             concurre
             with
             our
             Independents
             in
             Practise
             and
             Opinions
             .
          
           As
           will
           manifestly
           appear
           when
           their
           work
           is
           don
           in
           Scotland
           ,
           which
           will
           soon
           be
           effected
           :
           the
           more
           zealous
           Scots
           being
           now
           as
           ready
           to
           sell
           their
           Kingdom
           ;
           as
           they
           weare
           formerly
           to
           sell
           their
           King
           .
        
         
           I
           Conclude
           therefore
           upon
           the
           Reasons
           aforesaid
           ;
           That
           because
           the
           Commissioners
           or
           Judges
           are
           not
           sworn
           to
           do
           Justice
           according
           to
           the
           Lawes
           :
           And
           are
           Parties
           pre-in-gaged
           (
           as
           well
           as
           their
           Masters
           ,
           and
           Pay-Masters
           ,
           that
           named
           them
           )
           ignorant
           men
           ,
           and
           of
           vild
           and
           base
           professions
           uncapable
           of
           places
           of
           Judicature
           ,
           Necessitous
           Persons
           ,
           and
           some
           of
           them
           Scandalous
           ;
           and
           the
           High
           Court
           it self
           hath
           neither
           Law
           ,
           President
           ,
           nor
           any
           
           just
           Authority
           for
           Constituting
           thereof
           or
           the
           Judges
           therein
           .
           And
           all
           proceedings
           before
           them
           are
           directly
           Contrary
           to
           
             Magna
             Charta
             ,
          
           the
           Statut.
           25.
           Edw.
           III.
           chap.
           2.
           
           The
           Petition
           of
           Right
           and
           all
           other
           known
           and
           Established
           Laws
           ,
           and
           the
           continual
           Practise
           of
           our
           Nation
           ;
           and
           (
           in
           many
           Points
           (
           Contrary
           to
           the
           Law
           of
           God
           and
           the
           Dictates
           of
           Right
           Reason
           .
           
             That
             these
             Commissioners
             are
             Incompetent
             Judges
             ;
             Their
             Court
             an
             Extrajudicial
             Conventicle
             ,
             tending
             to
             disinherite
             ,
             disfranchise
             and
             enslave
             all
             the
             Free-men
             of
             the
             Nation
             ;
             and
             all
             Proceedings
             before
             them
             are
             void
             and
             Coram
             non
             Judice
             ,
          
           See
           Col
           ,
           Andrews
           .
           3.
           
           Answers
           ,
           The
           said
           High
           Court
           of
           Justice
           to
           be
           a
           meer
           bloudy
           Theater
           of
           Murder
           and
           Oppression
           .
           It
           being
           against
           Common
           Reason
           ,
           and
           all
           Laws
           Divine
           and
           Humane
           ,
           That
           any
           man
           should
           be
           Judge
           in
           his
           own
           Cause
           .
           
             Neminem
             posse
             in
             sua
             Causa
             Judicem
             esse
             .
          
           Is
           the
           Rule
           in
           Law
           .
           
             But
             this
             Parliament
             and
             Counsell
             of
             State
             know
             they
             can
             not
             establish
             and
             confirm
             their
             usurped
             Tyrannie
             ,
             (
             The
             Kingdom
             of
             the
             Saints
             ,
             )
             ea●e
             up
             the
             People
             with
             Taxes
             ,
             and
             share
             Publike
             Lands
             ,
             Offices
             and
             Mony
             amongst
             themselves
             :
             enslave
             the
             Nation
             to
             their
             Lawles
             wills
             and
             Pleasures
             ,
             but
             by
             cutting
             off
             the
             most
             able
             and
             active
             men
             of
             all
             opposite
             Parties
             by
             som
             such
             expedient
             as
             this
             Arbitrary
             Lawlesse
             High
             Court
             is
             .
             The
             old
             Legall
             way
             by
             Juries
             (
             being
             found
             by
             John
             Lilbourns
             Triall
             )
             to
             be
             neither
             sure
             enough
             nor
             speedy
             enough
             to
             do
             their
             work
             .
             A
             Butcher-Rowe
             of
             Judges
             being
             easier
             packed
             ,
             then
             a
             Jury
             who
             may
             be
             challenged
             .
             So
             that
             it
             fareth
             with
             the
             People
             of
             England
             ,
             as
             with
             a
             Traviler
             fallen
             into
             the
             hands
             of
             Theeves
             .
             First
             they
             take
             away
             his
             Purse
             ,
             And
             then
             ,
             to
             secure
             themselves
             ,
             they
             take
             away
             his
             life
             .
             So
             they
             Robbe
             him
             by
             Providence
             ,
             And
             then
             Murder
             him
             by
             Necessity
             .
             And
             (
             to
             bring
             in
             their
             Third
             Insisting
             Principle
             )
             they
             may
             
             alleage
             ;
             They
             did
             all
             this
             upon
             Honest
             Intentions
             ;
             to
             enrich
             the
             Saints
             and
             robb
             the
             Egiptians
             .
             With
             these
             3.
             
             Principles
             they
             Justify
             all
             their
             Villanies
             .
          
           Which
           is
           an
           Invention
           so
           meerely
           their
           own
           ,
           That
           the
           Devil
           must
           acknowledge
           :
           They
           have
           propagated
           his
           Kingdome
           of
           Sinne
           and
           Death
           more
           by
           their
           Impudent
           Justifications
           ,
           then
           by
           their
           Turbulent
           Actions
           .
        
         
           
             An
             Additional
             Postscript
             .
          
           
             SInce
             the
             Conclusion
             of
             the
             Premises
             hath
             happened
             ,
             the
             Trial
             of
             that
             worthy
             Knight
             Sr.
             
               John
               Stowell
            
             of
             the
             County
             of
             
               Sommerset
               :
            
             Who
             having
             bin
             often
             before
             this
             Court
             ,
             hath
             so
             well
             defended
             himself
             ,
             and
             wiped
             off
             all
             Objections
             ,
             and
             made
             such
             good
             use
             of
             the
             Articles
             of
             the
             Rendition
             of
             Excester
             ,
             that
             in
             the
             Opinion
             of
             all
             men
             ,
             and
             in
             despite
             of
             their
             ensnaring
             Acts
             for
             New
             Treasons
             ,
             he
             can
             not
             be
             adjudged
             guilty
             of
             any
             Treason
             ,
             Old
             or
             New
             ,
             which
             was
             the
             Summe
             and
             Complement
             of
             the
             Charge
             against
             him
             .
             Wherefore
             the
             Court
             put
             off
             his
             Trial
             for
             a
             longer
             time
             ,
             to
             hunt
             for
             New
             Crimes
             and
             witnesses
             against
             him
             .
             At
             last
             came
             into
             the
             Court
             as
             a
             witnes
             
               John
               Ashe
               ,
            
             notwithstanding
             he
             is
             a
             Party
             many
             waies
             engaged
             against
             him
             .
             1.
             
             
               Ashe
            
             is
             a
             Parliament
             man
             ;
             in
             which
             capacity
             Sr.
             
               John
               Stowell
            
             bore
             Armes
             for
             the
             King
             against
             him
             .
             2ly
             .
             
               Ashe
            
             as
             a
             Parliament
             man
             is
             one
             of
             the
             constitutors
             of
             this
             Murderous
             Court
             and
             the
             Judges
             thereof
             ,
             and
             therefore
             their
             Creatures
             (
             who
             expect
             rewards
             from
             them
             )
             beare
             a
             more
             awfull
             respect
             to
             his
             testimony
             ,
             then
             a
             witnes
             ought
             to
             have
             from
             Judges
             .
             3ly
             .
             It
             is
             publickly
             known
             that
             
               Ashe
            
             hath
             
             begged
             of
             the
             House
             a
             great
             summe
             of
             mony
             out
             of
             the
             Composition
             for
             ,
             or
             Confiscation
             of
             Sr.
             
               Johns
            
             Estate
             .
             And
             4ly
             .
             It
             is
             known
             to
             many
             That
             during
             Sr.
             
             
               Johns
            
             many
             years
             Imprisonment
             
               Ashe
            
             often
             laboured
             with
             Sr.
             
               John
            
             to
             sell
             unto
             him
             for
             4000l
             .
             a
             Parcel
             of
             Land
             which
             cost
             Sr.
             
               John
            
             above
             10000l
             .
             promising
             him
             to
             passe
             his
             Composition
             at
             an
             easy
             rate
             ,
             to
             procure
             his
             enlargement
             from
             prison
             ,
             and
             send
             him
             home
             in
             peace
             and
             quiet
             if
             he
             granted
             his
             desire
             .
             But
             although
             with
             all
             their
             malitious
             diligence
             ,
             they
             cannot
             finde
             him
             guilty
             of
             High
             Treason
             ,
             yet
             their
             Articles
             of
             Impeachment
             Charge
             him
             in
             general
             Tearms
             with
             Treason
             ,
             Murder
             ,
             Felony
             and
             other
             High
             Crimes
             and
             Misdemeaners
             ;
             and
             amasse
             together
             such
             a
             Sozites
             and
             and
             Accumulation
             of
             Offences
             as
             if
             one
             fail
             another
             shall
             hit
             right
             to
             make
             him
             punnishable
             in
             one
             kinde
             or
             other
             :
             such
             a
             hailshot
             charge
             cannot
             wholly
             misse
             ;
             either
             they
             will
             have
             life
             ,
             estate
             ,
             or
             both
             ;
             Contrary
             to
             the
             Nature
             of
             all
             Enditements
             and
             Criminall
             Charges
             whatsoever
             ;
             which
             ought
             to
             be
             particular
             ,
             cleere
             and
             certain
             (
             Lamb
             :
             pag.
             487
             )
             that
             the
             accused
             may
             knowe
             for
             what
             Crime
             he
             puts
             himself
             upon
             Issue
             ,
             But
             this
             Court
             (
             as
             High
             as
             it
             is
             )
             not
             being
             Constituted
             a
             Court
             of
             Recorde
             ;
             the
             Prisoner
             ,
             and
             those
             that
             are
             concerned
             in
             him
             ,
             can
             have
             no
             Recorde
             to
             resorte
             to
             either
             .
             1.
             
             To
             demande
             a
             writ
             of
             Error
             ,
             in
             Case
             of
             Erronious
             Judgement
             .
             2.
             
             To
             ground
             a
             plea
             of
             Auterfois
             Acquite
             ,
             in
             Case
             of
             New
             Question
             for
             the
             same
             fact
             .
             3ly
             .
             Or
             to
             demande
             an
             Enlargement
             upon
             Acquitall
             .
             or
             4ly
             .
             To
             demand
             a
             writ
             of
             conspiracy
             ,
             against
             such
             as
             have
             combined
             to
             betray
             the
             life
             of
             an
             Innocent
             man
             .
             Whereby
             it
             followes
             ;
             That
             this
             prodigious
             Court
             hath
             power
             onely
             to
             Condemne
             and
             Execute
             ;
             not
             to
             Acquite
             
             and
             give
             Enlargement
             ;
             Contrary
             to
             the
             Nature
             of
             all
             Courtes
             of
             Iudicature
             ,
             and
             of
             Iustice
             it self
             :
             it
             is
             therefore
             a
             meer
             
               Slaughter
               -
               house
            
             to
             Commit
             Free
             -
             State
             Murders
             in
             ,
             without
             ,
             nay
             against
             Law
             and
             Iustice
             :
             and
             not
             a
             Court
             of
             Iudicature
             ;
             to
             condemne
             the
             
               Nocent
               ,
            
             and
             absolve
             the
             
               Innocent
               .
            
             And
             the
             Iudges
             of
             this
             Court
             runne
             Paralell
             with
             their
             Father
             the
             Devill
             ;
             who
             is
             ever
             the
             Minister
             of
             Gods
             wrath
             and
             fury
             ;
             never
             of
             his
             Mercy
             .
          
        
      
       
       
       
         
           The
           humble
           Answer
           of
           Col.
           Eusebius
           Andrewes
           Esquier
           ,
           to
           the
           Proceedings
           against
           him
           before
           the
           Honourable
           ,
           The
           high
           Court
           of
           Justice
           1650.
           
        
         
           THe
           said
           Respondent
           (
           with
           favour
           of
           this
           Honourable
           Court
           )
           reserving
           and
           praying
           to
           be
           allowed
           ,
           the
           benefit
           &
           Liberty
           of
           making
           farther
           Answer
           ,
           if
           it
           shall
           be
           adjudged
           necessary
           ,
           offereth
           to
           his
           Honorable
           Court
           .
        
         
           That
           by
           the
           Stat.
           or
           Charter
           stiled
           
             Magna
             Charta
             ,
          
           (
           which
           is
           the
           Fundamentall
           Law
           ,
           and
           ought
           to
           be
           the
           Standard
           of
           the
           Laws
           of
           England
           ,
           Confirmed
           above
           30
           times
           ,
           and
           yet
           unrepealed
           ,
           it
           is
           in
           the
           29
           Chapter
           thereof
           graunted
           and
           enacted
           .
        
         
           1.
           
           
             That
             no
             Free-man
             shall
             be
             taken
             or
             imprisoned
             ,
             or
             be
             disseised
             of
             his
             Freehold
             or
             Liberties
             ,
             or
             Free
             Customes
             ;
             or
             be
             outlawed
             or
             exiled
             ,
             or
             any
             other
             wayes
             destroyed
             ,
          
           Nor
           ,
           
             we
             shall
             not
             passe
             upon
             him
             ,
             but
             by
             a
             lawfull
             Judgement
             of
             his
             Peers
             ,
             or
             by
             the
             Law
             of
             the
             Land
             .
          
        
         
           2.
           
           
             We
             shall
             sell
             to
             no
             man
             ,
             nor
             deferre
             to
             any
             man
             Justice
             or
             Right
             .
          
        
         
           By
           the
           Stat.
           42.
           Ed.
           III.
           chap.
           III.
           The
           Great
           Charter
           is
           commanded
           to
           be
           kept
           in
           all
           Points
           :
           and
           it
           is
           enacted
           .
        
         
           
             That
             if
             any
             Stat.
             be
             made
             to
             the
             Contrary
             ,
             
               That
            
             shall
             be
             holden
             for
             none
             .
          
        
         
           By
           the
           Act
           26.
           
           March
           1650.
           entituled
           ,
           An
           Act
           for
           Establishing
           ,
           An
           High
           Court
           of
           Justice
           .
           
             Power
             is
             given
             to
             this
             Court
             ;
             To
             Try
             ,
             Condemne
             and
             Cause
             Execution
             of
             death
             to
             be
             done
             ,
             upon
             the
             Freemen
             of
             England
             ,
             according
             as
             the
             Major
             Number
             of
             any
             12
             of
             the
             Members
             thereof
             shall
             Judge
             to
             appertein
             to
             Justice
             .
          
        
         
         
           And
           thereupon
           the
           Respondent
           doth
           humbly
           inferre
           ,
           and
           affirme
           ,
           that
           
             the
             Tenor
             of
             the
             said
             Act
             is
             diametrically
             opposite
             to
             ,
             and
             inconsistent
             with
             the
             said
             Great
             Charter
             .
          
           And
           is
           therefore
           by
           the
           said
           recited
           Stat.
           42.
           Ed.
           III.
           to
           be
           holden
           for
           none
           .
        
         
           Secondly
           ,
           That
           it
           can
           with
           no
           more
           Reason
           ,
           Equity
           or
           Iustice
           ,
           hold
           the
           reputation
           or
           value
           of
           a
           Law
           ,
           (
           if
           the
           said
           Stat.
           had
           not
           bin
           )
           then
           if
           (
           contrary
           to
           the
           2d
           .
           Clause
           of
           the
           29.
           chap.
           of
           
             Magna
             Charta
          
           )
           it
           had
           bin
           also
           enacted
           ,
           
             That
             Justice
             and
             Right
             shall
             be
             deferred
             to
             all
             Freemen
             and
             sould
             to
             all
             that
             will
             buy
             it
             .
          
        
         
           By
           the
           Petition
           of
           Right
           ,
           3o
           .
           Car
           :
           upon
           premising
           :
           That
           contrary
           to
           the
           Great
           Charter
           ,
           Trials
           and
           Executions
           had
           bin
           had
           and
           don
           against
           the
           Subjects
           ,
           by
           Commissions
           Martial
           ,
           &c.
           it
           was
           thereby
           praied
           ,
           and
           by
           Commission
           enacted
           .
           That
           :
        
         
           1.
           
           No
           Commissions
           of
           the
           like
           nature
           might
           be
           thenceforth
           issued
           ,
           
             &c.
             
          
        
         
           2.
           
           To
           prevent
           least
           any
           of
           the
           Subjects
           should
           be
           put
           to
           death
           ,
           Contrary
           to
           the
           Laws
           and
           Franchises
           of
           the
           Land
           .
        
         
           The
           Respondent
           heereupon
           Humbly
           observeth
           ;
           and
           affirmeth
           :
           
             That
             this
             Court
             is
             (
             though
             under
             a
             different
             stile
             )
             in
             nature
             ,
             and
             in
             the
             Proceedings
             thereby
             directed
             ,
             the
             same
             with
             a
             Commission
             Martiall
             .
          
           The
           Free-men
           thereby
           being
           to
           be
           tried
           for
           life
           ,
           and
           
             adjudged
             by
             the
             Opinion
             of
             the
             Major
             Number
             of
             the
             Commissioners
             sitting
             ,
             as
             in
             Courtes
             of
             Commissioners
             Martiall
             was
             practised
             ;
          
           &
           was
           agreeable
           to
           their
           Constitution
           :
           
             And
             consequently
             against
             the
             Petition
             of
             Right
             :
          
           in
           which
           he
           ,
           &
           all
           the
           Freemen
           of
           England
           (
           if
           it
           be
           granted
           there
           be
           any
           such
           )
           hath
           and
           have
           Right
           and
           Interest
           ,
           and
           he
           humbly
           claimes
           his
           Right
           accordingly
           .
        
         
           
             By
             the
             Declarations
             of
             this
             Parliament
             ,
          
           Dec.
           15.
           
           &
           Jan.
           17.
           1641.
           
           The
           benefit
           of
           the
           Laws
           ,
           and
           the
           ordinary
           Course
           of
           Justice
           are
           the
           Subjects
           Birthright
           .
        
         
         
           
             By
             the
             Declarations
          
           12.
           
           Iuly
           16.
           Octob.
           1642.
           
           
             The
             prosecution
             of
             the
             Laws
             ,
             and
             due
             administration
             of
             Justice
             ,
             are
             owned
             to
             be
             the
             justifying
             cause
             of
             the
             war
             ,
             and
             the
             end
             of
             the
             Parliaments
             Affaires
             managed
             by
             their
             Swords
             and
             Counsells
             ,
             and
             Gods
             curse
             is
             by
             them
             imprecated
             ,
             in
             case
             they
             should
             ever
             decline
             those
             ends
             .
          
        
         
           By
           the
           Declaration
           17.
           
           Aprill
           1646.
           
           Promise
           was
           made
           not
           to
           interrupt
           the
           Course
           of
           Iustice
           ,
           in
           the
           ordinary
           Courts
           .
        
         
           
             By
             the
             Ordinance
             or
             Votes
             of
             Non-addresses
             ,
          
           Ian.
           1648.
           
           It
           is
           assured
           ,
           
             That
             ,
             though
             they
             lay
             aside
             the
             King
             ;
             yet
             they
             will
             govern
             by
             the
             Laws
             ,
             and
             not
             interrupt
             the
             course
             of
             Justice
             ,
             in
             the
             ordinary
             Courts
             thereof
             .
          
           
             *
          
        
         
           And
           therefore
           this
           Respondent
           humbly
           averreth
           and
           affirmeth
           ,
           That
           
             the
             constitution
             of
             this
             Court
             ,
             is
             a
             breach
             of
             the
             Publike
             Faith
             of
             the
             Parliament
             exhibited
             and
             pledged
             in
             those
             Declarations
             and
             Votes
             to
             the
             Freemen
             of
             England
             .
          
        
         
           And
           upon
           the
           whole
           matter
           ,
           the
           Respondent
           (
           saving
           as
           aforesaid
           )
           doth
           affirme
           for
           Law
           and
           claimeth
           as
           is
           Right
           .
           
             That
             :
          
        
         
           1.
           
           This
           Court
           in
           defect
           of
           the
           validity
           of
           the
           said
           Act
           ,
           by
           which
           it
           is
           constituted
           ,
           hath
           no
           power
           to
           proceed
           against
           him
           ,
           or
           to
           presse
           him
           to
           a
           further
           Answer
           .
        
         
           2.
           
           That
           by
           virtue
           of
           
             Magna
             Charta
             ,
          
           the
           Petition
           of
           Right
           &
           the
           before
           recited
           Declarations
           ,
           he
           ought
           not
           to
           be
           proceeded
           against
           in
           this
           Court
           ;
           but
           by
           an
           ordinary
           Court
           of
           Iustice
           ,
           and
           to
           be
           tried
           by
           his
           Peers
           .
        
         
           
             And
             humbly
             prayeth
             :
             That
             this
             his
             present
             Answer
             and
             
               Salvo
            
             may
             be
             accepted
             and
             registred
             .
             Eusebius
             Andrewes
             .
          
        
      
       
       
         
           The
           Second
           Answer
           of
           Col.
           Eusebius
           Andrews
           Esquire
           ,
           To
           the
           Honorable
           ,
           The
           High
           Court
           of
           Iustice
           .
           1650.
           
        
         
           THe
           said
           Respondent
           (
           with
           the
           Favour
           of
           this
           Honorable
           Court
           )
           reserving
           and
           praying
           to
           be
           allowed
           the
           Benefit
           ,
           and
           Liberty
           of
           making
           further
           Answer
           ,
           if
           it
           shal
           be
           Necessary
           .
           In
           all
           humblenesse
           for
           the
           present
           Answer
           offereth
           to
           this
           Honorable
           Court
           .
        
         
           That
           by
           the
           Letter
           and
           genuine
           sense
           of
           the
           Act
           entituled
           An
           Act
           for
           establishing
           an
           High
           Court
           of
           Justice
           .
           
             The
             said
             Court
             is
             not
             qualified
             to
             try
             a
             Freeman
             of
          
           England
           (
           such
           as
           the
           Respondent
           averreth
           himself
           to
           be
           
             for
             life
             in
             Case
             of
             Treason
             .
          
        
         
           For
           that
           :
           1.
           
           
             The
             said
             Court
             is
             not
             Constituted
             a
             Court
             of
             Record
             ;
             neither
             hath
             Commission
             returnable
             into
             a
             Court
             of
             Record
             .
          
        
         
           So
           that
           :
           1.
           
           
             The
             State
             cannot
             upon
             Record
          
           (
           and
           but
           upon
           Record
           cannot
           at
           all
           )
           
             have
             that
             Account
             of
             their
             Freemen
             ,
             which
             Kings
             were
             wont
             to
             have
             of
             their
             Subjects
             ,
             and
             States
             exact
             else
             where
             at
             the
             hands
             of
             their
             Ministers
             of
             Justice
             .
          
        
         
           2.
           
           
             The
             Freemen
             ,
             and
             those
             who
             are
             or
             may
             be
             concerned
             in
             him
             ,
             can
             have
             no
             Record
             to
             resort
             to
             ,
             by
             which
             to
             preserve
             the
             Rights
             due
             to
             him
             and
             them
             respectively
             .
          
           viz.
           
        
         
           1.
           
           
             A
             writ
             of
             Errour
          
           in
           case
           of
           erronious
           Judgment
           .
        
         
           2.
           
           
             A
             plea
             of
             Auterfoies
             acquit
             ,
          
           in
           case
           of
           new
           question
           for
           the
           same
           fact
           .
        
         
           3.
           
           
             An
             Enlargement
          
           upon
           Acquitall
           .
        
         
           4.
           
           
             A
             Writ
             of
             Conspiracy
             ,
          
           not
           to
           be
           brought
           untill
           Acquitall
           ,
           against
           those
           who
           have
           practised
           to
           betray
           the
           life
           of
           the
           Respondent
           .
        
         
         
           1.
           
           
             The
             Writ
             of
             Errour
             is
             due
             by
             presidents
             .
          
        
         
           Paschae
           39.
           Ed.
           III.
           John
           of
           Gaunts
           Case
           Rot.
           Parliament
           .
           4.
           Ed.
           III.
           Num.
           13.
           
           Count
           de
           Arundells
           Case
           .
           Rot.
           Parliament
           42.
           Ed.
           III.
           Num.
           23.
           
           Sr.
           
             John
          
           of
           
             Lees
          
           Case
           .
        
         
           2.
           
           
             Auterfois
             acquit
          
           appears
           by
           :
        
         
           
             Wetherell
          
           and
           
             Darleis
          
           Case
           .
           4.
           Rep.
           43.
           
             Eliz.
             Vaux
          
           his
           Case
           .
           4.
           Rep.
           33.
           
             Eliz.
             
          
        
         
           3.
           
           
             The
             Enlargement
          
           appears
           by
           :
        
         
           Stat.
           14.
           
           
             Hen.
          
           VI
           .
           chap.
           1.
           
           Diers
           Reports
           fol.
           121.
           
           The
           year
           book
           of
           Ed.
           IV.
           10.
           fol.
           19.
           
        
         
           4.
           
           
             The
             writ
             of
             Conspiracy
             ,
          
           by
           :
        
         
           The
           Poulters
           Case
           .
           9
           ,
           Rep.
           fol.
           55.
           
        
         
           
             This
             Court
             is
             to
             determine
             at
             a
             day
             ;
             without
             account
             of
             their
             proceedings
             ,
             and
             have
             power
             to
             try
             ,
             judge
             ,
             and
             cause
             Execution
             :
             but
             not
             to
             acquit
             or
             give
             Enlargement
             .
             So
             that
             the
             nocent
             are
             thereby
             punishable
             ;
             the
             injured
             &
             betrayed
             not
             vindicable
             .
          
           Which
           are
           defects
           incompatible
           with
           a
           Court
           of
           Justice
           ,
           and
           inconsistent
           with
           Justice
           it self
           ;
           and
           the
           honor
           of
           a
           Christian
           Nation
           and
           Common-wealth
           .
        
         
           2.
           
           
             The
             members
             of
             this
             Court
             ,
             are
             by
             the
             said
             Act
             directed
             to
             be
             sworn
             .
          
        
         
           1.
           
           
             Not
             in
             Conspectu
             populi
             ;
          
           for
           the
           Freemans
           satisfaction
           .
        
         
           2.
           
           
             Not
             in
             words
             of
             Indifferency
          
           and
           obliging
           in
           equality
           .
        
         
           3.
           
           
             But
             in
             words
             of
             manifest
             partiality
             ,
          
           viz.
           
        
         
           You
           shall
           swear
           ;
           That
           you
           shall
           well
           and
           truly
           ,
           according
           to
           the
           best
           of
           your
           skill
           and
           knowledge
           ,
           
             execute
             the
             severall
             powers
             given
             you
             by
             this
             Act
             .
          
        
         
           1.
           
           
             If
             the
             Court
             be
             Triers
             and
             Judges
             too
             ,
             it
             is
             humbly
             offered
             by
             the
             respondent
             ,
             that
             it
             is
             but
             reasonable
             ;
             that
             they
             should
             be
             sworn
             as
             Triers
             ;
             in
             the
             sight
             of
             the
             Freeman
             who
             shall
             be
             upon
             his
             Triall
             .
          
        
         
           2.
           
           
             And
             ,
             That
             as
             Justices
             of
             Oyer
             and
             Terminer
          
           (
           They
           being
           authorised
           to
           hear
           and
           determine
           by
           the
           words
           of
           the
           Act.
           
             They
             should
             take
             an
             oath
             ,
             such
             as
             is
             usual
             &
             equal
             ,
             set
             down
          
           E.
           III
           
           Viz
           :
           
             You
             shall
             sweare
             ,
             That
             well
             and
             lawfully
             you
             shall
             serve
             our
             Lord
             the
             King
             ,
             and
             his
             People
             in
             the
             Office
             of
             Iustice
             ,
             
               &c.
               
            
             And
             that
             you
             deny
             to
             no
             man
             Common
             Right
             .
          
        
         
           3.
           
           Or
           that
           this
           Court
           (
           taking
           Notice
           of
           such
           high
           matters
           as
           Treason
           ,
           upon
           the
           guilt
           wherof
           the
           Freemens
           life
           depends
           )
           should
           take
           an
           Oath
           (
           at
           least
           )
           as
           equall
           as
           a
           Iustice
           of
           the
           Peace
           .
           
             Daltons
             Iust.
             of
             Peace
             ,
             fol.
          
           13.
           the
           words
           are
           .
        
         
           
             I
          
           A.
           B.
           
             do
             sweare
             that
             I
             will
             do
             equall
             Right
             ,
          
           &c.
           
             according
             to
             my
             best
             wit
             ,
             cunning
             and
             power
             ,
             after
             the
             Laws
             and
             Customes
             of
             the
             Land
             ,
             and
             the
             Statutes
             thereof
             made
             ,
          
           &c.
           
        
         
           4.
           
           If
           the
           Court
           will
           be
           Judges
           and
           Triers
           too
           :
           (
           for
           they
           have
           power
           given
           them
           to
           conclude
           the
           Freemen
           ,
           by
           the
           opinion
           of
           the
           major
           number
           of
           twelve
           ,
           holding
           some
           resemblance
           (
           but
           with
           a
           signall
           difference
           )
           with
           the
           verdict
           of
           a
           Jury
           )
           it
           were
           but
           reasonable
           that
           they
           should
           take
           an
           Oath
           correspondent
           to
           that
           usually
           administred
           to
           Iury-men
           .
           The
           words
           are
           ,
        
         
           You
           shall
           
             well
             and
             truly
             try
             ,
             and
             true
             deliverance
             make
             ,
             betweene
             the
             Keepers
             of
             the
             Liberties
             of
             England
             ,
             and
             the
             Prisoner
             at
             the
             Bar
             ,
             according
             to
             your
             Evidence
             .
          
           So
           help
           you
           God
           ,
           &c.
           
        
         
           5.
           
           When
           this
           Court
           (
           as
           it
           is
           now
           constituted
           )
           hath
           condemned
           a
           Freeman
           ,
           by
           applying
           their
           skill
           and
           knowledge
           to
           the
           power
           given
           them
           ,
           whether
           justly
           or
           not
           :
           the
           Oath
           injoyned
           them
           by
           the
           Act
           26.
           
           March
           1650.
           is
           not
           broken
           ,
           literally
           ;
           as
           to
           be
           exactible
           by
           man
           ,
           though
           God
           will
           have
           a
           better
           account
           .
        
         
           And
           therefore
           upon
           the
           whole
           matter
           premised
           :
           The
           Respondent
           (
           saving
           as
           before
           )
           averreth
           for
           Law
           and
           Reason
           ;
           This
           Court
           by
           the
           words
           of
           the
           Act
           constituting
           it
           ;
           is
           not
           qualified
           ,
           (
           in
           respect
           of
           the
           objected
           defects
           )
           to
           passe
           upon
           him
           for
           life
           in
           case
           of
           Treason
           .
           And
           praies
           this
           his
           2l
           .
           Answer
           may
           be
           received
           ,
           with
           the
           
             Salvo's
             ,
          
           and
           registred
           .
        
         
           
             Eusebius
             Andrewes
             .
          
        
      
       
       
         
           The
           third
           Answer
           of
           Col.
           Eusebius
           Andrews
           Esquire
           ,
           to
           the
           Honorable
           ,
           The
           High
           Court
           of
           Justice
           1650.
           
        
         
           THe
           said
           Respondent
           (
           with
           favour
           of
           this
           Honourable
           Court
           )
           reserving
           and
           praying
           to
           be
           allowed
           the
           benefit
           and
           Liberty
           of
           making
           farther
           Answer
           ,
           if
           it
           shall
           be
           necessary
           ,
           in
           all
           humbleness
           for
           present
           Answer
           offereth
           to
           this
           Honorable
           Court
           ,
        
         
           1.
           
           That
           it
           is
           his
           Right
           (
           if
           he
           admit
           this
           Court
           to
           be
           duly
           and
           legally
           established
           ,
           and
           constituted
           as
           to
           their
           being
           a
           Court
           )
           to
           be
           tried
           by
           his
           Peeres
           ;
           men
           of
           his
           own
           condition
           and
           Neighbourhood
           .
        
         
           2.
           
           
             That
             it
             is
             within
             the
             power
             of
             this
             Court
             ,
             by
             the
             Letter
             of
             the
             Act
          
           26.
           
           March
           1650.
           
           
             Or
             (
             at
             least
             )
             not
             repugnant
             to
             the
             Act
             ;
             to
             try
             him
             by
             such
             his
             Peeres
             ,
          
           &c.
           
        
         
           1.
           
           
             That
             it
             is
             his
             Right
             to
             be
             tried
             only
             so
             ,
          
           appeares
           by
           :
           
             
               Mazna
               Charta
               
                 chap.
              
               29.
               
            
             
               25.
               Ed.
               3.
               chap.
               9.
               
            
             
               28.
               Ed.
               3.
               chap.
               4.
               
            
             
               42.
               Ed.
               3.
               chap.
               3.
               
            
             
               25.
               Ed.
               1.
               chap.
               1.
               and
               2.
               
            
             
               25.
               Ed.
               3.
               chap.
               2.
               and
               4.
               
            
             
               37.
               Ed.
               3.
               chap.
               18.
               
            
          
        
         
           By
           all
           which
           this
           Right
           is
           maintainable
           ;
           
             And
             the
             Proceedings
             contrary
             thereunto
             will
             be
             held
             for
             none
             ,
             and
             to
             be
             redressed
             as
             void
             and
             erronious
             .
          
        
         
           So
           that
           if
           the
           Lawes
           and
           Courts
           were
           not
           obstructed
           in
           the
           cases
           of
           some
           sort
           of
           Freemen
           of
           England
           ,
           the
           whole
           proceedings
           contrary
           to
           these
           Lawes
           without
           a
           Jury
           of
           his
           Peeres
           ,
           were
           avoidable
           and
           reversable
           by
           Writ
           of
           Error
           ,
           as
           appeares
           by
           the
           Presidents
           vouched
           in
           the
           Respondents
           2d
           .
           Answer
           .
        
         
         
           3.
           
           That
           it
           is
           in
           the
           Courts
           power
           ,
           To
           try
           the
           Freeman
           ,
           and
           consequently
           the
           Respondent
           by
           a
           Jury
           ,
           of
           his
           Equalls
           ;
           The
           Court
           is
           humbly
           desired
           to
           consider
           the
           words
           of
           qualification
           .
        
         
           1.
           
           
             The
             Court
             is
             authorised
             ;
             To
             hear
             and
             Determine
             :
             and
             so
          
           (
           if
           at
           all
           Commissioners
           )
           
             then
             Commissioners
             of
             Oyer
             and
             Terminer
             ,
             and
             such
             Commissioners
             ,
             in
             their
             naturall
             Constitution
             and
             practicall
             execution
             ,
             do
             proceeed
             against
             Freemen
             according
             to
             Law
             by
             a
             Jury
             of
             their
             Peeres
             ,
          
           and
           not
           otherwise
           .
        
         
           2.
           
           
             Authorised
             to
             proceed
             to
             Triall
             ,
             Condemnation
             and
             Execution
             :
             But
             not
             restrained
             to
             the
             manner
             limitative
             :
             
               As
               ,
            
             to
             Triall
             by
             the
             Opinion
             of
             the
             Court
             ,
             as
             Triers
             .
          
           Nor
           
             exclusive
             ,
          
           As
           ,
           
             to
             Triall
             per
             pares
             .
             But
             is
             left
             in
             the
             Manner
             ,
             as
             in
             the
             Judgement
             it self
             ,
             To
             the
             Opinion
             of
             the
             major
             part
             of
             12.
             and
             if
             they
             shall
             think
             fit
             to
             try
             by
             a
             Jury
             ,
             it
             will
             be
             no
             offence
             against
             the
             Act
             ,
             there
             being
             no
             prohibition
             to
             the
             contrary
             .
          
        
         
           And
           though
           this
           Respondent
           insisteth
           upon
           his
           said
           Right
           ,
           consisting
           with
           the
           Courts
           said
           power
           ,
           and
           the
           more
           to
           induce
           the
           Court
           to
           grant
           him
           his
           said
           Right
           ;
           
             He
             humbly
             representeth
             the
             wrong
             done
             to
             himself
             ,
             and
             in
             him
             to
             the
             Freemanzy
             of
             England
             in
             the
             following
             particulars
             ,
             against
             their
             just
             Rights
             depending
             upon
             such
             Trialls
             to
             be
             allowed
             or
             denied
             .
          
        
         
           1.
           
           
             Challenges
             to
             his
             Triers
             peremptory
             ,
             or
             with
             cause
             of
             Challenge
             .
          
        
         
           2.
           
           
             Seeing
             ,
             hearing
             ,
             and
             Counter-questioning
             the
             witnesses
          
           for
           clearing
           of
           the
           Evidence
           ;
           in
           
             matter
             of
             Fact
          
           and
           
             Circumstance
             .
          
        
         
           3.
           
           
             The
             being
             convicted
             or
             acquitted
             by
             a
             Full
             and
             fully
             consented
             verdict
             .
          
        
         
           To
           all
           which
           benefits
           as
           his
           undoubted
           Right
           ,
           and
           the
           Right
           of
           all
           the
           Freemen
           of
           
             England
             ,
          
           the
           Respondent
           maketh
           claim
           by
           these
           Reasons
           ,
           Laws
           and
           Presidents
           following
           .
        
         
         
           1.
           
           
             The
             benefit
             of
             Challenges
             by
             the
             learning
             of
             Stanford
          
           in
           his
           Pleas
           of
           the
           Crown
           ,
           Title
           Challenge
           fol.
           150.
           
           To
           Challenge
           35.
           without
           Reason
           shewed
           ;
           and
           with
           Reason
           shewen
           ,
           without
           Number
           Adjudged
           32.
           
           Hen.
           VI
           .
           in
           
             Poinings
          
           case
           ,
           abriged
           by
           Fitzherb
           .
           Tit.
           Challenge
           ,
           fol.
           26.
           allowed
           in
           Hillary
           1.
           Iac.
           S●
           .
           
             Walter
             Rawley
          
           and
           
             Brooks
             .
          
        
         
           2.
           
           
             To
             the
             hearing
             and
             questioning
             the
             value
             and
             weight
             of
             the
             witnesses
             .
          
           The
           Laws
           are
           plain
           in
           
             Stanfords
          
           pleas
           of
           the
           Crown
           fol.
           163.
           164.
           
           Stat.
           1.
           and
           2.
           of
           Phil.
           and
           Mary
           ,
           Chap.
           10
           ,
           11.
           1
           Ed.
           VI
           .
           chap.
           12.
           
           Cookes
           3.
           
           Institut
           .
           pag.
           12.
           upon
           the
           words
           in
           the
           St.
           25.
           Ed.
           III.
           chap.
           2.
           
           (
           Provablement
           atteint
           )
           
             Because
             the
             punishment
             was
             heavy
             ,
             the
             proof
             must
             be
             punctuall
             ,
             and
             not
             upon
             presumptions
             or
             Inferences
             or
             streins
             of
             wit
             ,
             nor
             upon
             Arguments
             simili
             ,
             or
             Minori
             ad
             Majus
             ,
             &c.
             
          
           But
           upon
           good
           and
           clear
           proofs
           ,
           made
           good
           also
           by
           the
           Stat.
           1.
           Ed.
           c.
           6.
           19.
           Ed.
           c.
           1.
           
        
         
           3.
           
           
             A
             verdict
             by
             Jury
             passeth
             from
             all
             ,
             or
             not
             at
             all
             ,
             In
             this
             way
             of
             proceeding
             by
             the
             Court
             immediatly
             :
             it
             passeth
             by
             way
             of
             concurrence
             (
             or
             voting
             )
             the
             great
             fault
             found
             with
             the
             Star-Chamber
             ;
             and
             all
             Commissionary
             Courts
             ,
             proceeding
             without
             presentment
             or
             or
             Enditement
             .
          
        
         
           4.
           
           
             A
             Verdict
             passeth
             from
             a
             Jury
             before
             discharged
             ,
             upon
             their
             Affairs
             of
             busines
             ,
             or
             supplies
             of
             Nature
             ;
             to
             prevent
             corruption
             by
             mony
             or
             power
             .
             In
             this
             way
             of
             Triall
             a
             man
             may
             be
             heard
             to
             day
             ,
             and
             a
             Sentence
             given
             at
             leasure
             ,
             when
             the
             power
             and
             will
             of
             those
             by
             whom
             the
             Freeman
             is
             prosecuted
             ,
             be
             first
             known
             .
          
           And
           from
           such
           a
           proceeding
           this
           Respondent
           can
           hope
           little
           equality
           ;
           he
           being
           (
           to
           his
           knowledge
           )
           forejudged
           already
           by
           them
           .
        
         
           And
           therefore
           (
           if
           at
           all
           this
           Honourable
           Court
           think
           fit
           to
           proceed
           to
           a
           Triall
           ,
           of
           this
           Respondent
           )
           he
           claims
           the
           Benefit
           of
           
             Triall
             per
             pares
             :
             by
             Evidence
             viva
             voce
             .
          
           And
           rests
           on
           the
           Opinion
           of
           the
           Court
           ;
           saving
           (
           as
           formerly
           )
           Liberty
           of
           farther
           Answer
           ,
           if
           over
           ruled
           .
        
         
           
             And
             prayes
             that
             this
             his
             Answer
             and
             Salvos
             may
             be
             accepted
             and
             Registred
             .
             Eusebius
             Andrews
             .
          
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A66820e-110
           
             Vnumquodque
             conservatur
             eodem
             modo
             quo
             fit
             .
          
           
             In
             novum
             regnum
             vi
             armisque
             partum
             redigere
             ,
             atque
             aliis
             Novis
             legibus
             domanere
             ac
             guginare
             Beberum
             .
             Meteran
             .
             in
             anno
             1567.
             
             Roidan
             .
             in
             anno
             1566.
             
             Iohn
             Fraunces
             Petit.
             Thuanus
             .
          
           
             Petitioning
             against
             Innovations
             in
             Government
             ,
             and
             for
             the
             knowne
             Laws
             made
             Treason
             ,
             the
             like
             the
             Parliament
             Practiseth
             against
             such
             as
             Petitioned
             for
             Peace
             by
             accommodation
             .
             And
             against
             our
             High
             Court
             of
             Justice
             ,
             Arbitrary
             Imprisonments
             and
             Taxes
             .
          
           
             We
             have
             forfeited
             our
             laws
             by
             Conquest
             or
             else
             our
             Grandees
             would
             not
             passe
             the
             two
             Acts
             for
             Treason
             14
             May
             .
             17
             Iuly
             1649.
             
             Nor
             erect
             the
             High
             Court
             of
             Iustice
             ,
             and
             abolish
             out
             ancient
             
               Laws
            
             and
             Government
             .
             See
             Pol.
             3.
             Oct.
             1650.
             and
             the
             Case
             of
             the
             Kingdom
             stated
             .
          
           
             Compare
             this
             with
             the
             two
             Acts
             for
             New
             Treasons
             .
             14.
             
             May
             .
             17.
             
             July
             1549.
             and
             the
             Act
             26.
             
             March
             1650.
             and
             Sr.
             
             Jo.
             Gells
             case
             stated
             .
          
           
             Our
             High
             Court
             of
             Iust.
             exceedes
             all
             this
             .
             See
             Sr.
             
             J.
             Gells
             case
             stated
             ,
             Printed
             Aug.
             1650.
             
          
           
             In
             their
             Tax
             Rolls
             ,
             they
             usually
             set
             in
             the
             Margent
             to
             every
             name
             private
             notes
             of
             distinction
             .
             An
             M.
             an
             N
             or
             P.
             The
             letter
             M.
             stands
             for
             Malignant
             ;
             he
             that
             is
             so
             branded
             ,
             is
             highly
             taxed
             ,
             and
             his
             complaints
             for
             redresse
             slighted
             ,
             N.
             stands
             for
             a
             Neuter
             he
             is
             more
             indifferently
             rated
             and
             ,
             upon
             cause
             shewn
             ,
             may
             chan●e
             to
             be
             relieved
             .
             The
             letter
             P.
             signifies
             a
             perfect
             Parliamentarian
             .
             He
             is
             so
             favourably
             taxed
             ,
             as
             he
             bears
             an
             inconsiderable
             part
             of
             the
             burden
             ,
             and
             that
             they
             may
             the
             better
             consume
             with
             Taxes
             and
             want
             ,
             all
             such
             as
             do
             not
             concurre
             with
             them
             in
             the
             height
             of
             their
             villanies
             .
             The
             pretended
             Harliament
             ,
             are
             now
             debating
             to
             raise
             the
             Monethly
             Tax
             to
             240000.
             lib
             or
             to
             deprive
             every
             man
             of
             the
             third
             part
             of
             his
             Estate
             ,
             both
             Reall
             and
             Personall
             ,
             for
             maintenance
             of
             their
             immortall
             warres
             ,
             and
             short
             lived
             Common-wealth
             .
             Besides
             Excise
             ,
             Customes
             ,
             Tonnage
             and
             Poundage
             ,
             Freequarter
             ,
             finding
             Arms
             and
             Horses
             ;
             and
             the
             sale
             of
             Corporation
             Lands
             now
             in
             agitation
             .
             Whilest
             our
             Grandees
             enrich
             all
             the
             Banks
             of
             Christendome
             with
             vast
             summer
             raised
             by
             publick
             theft
             and
             Rapines
             .
          
           
             See
             Stat.
             Recognition
             1.
             Iac.
             The
             Oaths
             of
             Allegegeance
             ,
             Obededience
             and
             Supremacy
             and
             all
             our
             Law
             Books
             .
          
           
             This
             Stat.
             25.
             Ed.
             III.
             e.
             2.
             S.
             Johns
             against
             Strafford
             calls
             the
             security
             of
             the
             people
             .
             And
             the
             Stat.
             1.
             
             Hen
             4.
             chap.
             10.
             Ed.
             VI
             .
             Chap.
             12.
             1.
             
             Mariae
             J.
             ratify
             and
             highly
             commend
             .
          
           
             They
             have
             converted
             our
             ancient
             Monarchy
             into
             a
             Free-State
             ;
             and
             tell
             us
             they
             are
             the
             strate
             .
             They
             tell
             us
             they
             have
             bestowed
             Liberty
             upon
             the
             People
             :
             but
             they
             and
             their
             petty
             faction
             onely
             are
             the
             People
             .
             All
             the
             rest
             of
             the
             English
             Nation
             are
             annihilated
             ,
             and
             reduced
             to
             nothing
             ,
             that
             these
             fellows
             may
             become
             all
             things
             :
             Meere
             ciphers
             ,
             serving
             onely
             to
             make
             them
             of
             more
             account
             .
             And
             this
             grosse
             fallacy
             must
             not
             be
             disputed
             against
             ,
             least
             their
             New
             Acts
             of
             Parliament
             call
             it
             Treason
             .
          
           
             1.
             
             A
             Collusive
             Accommodation
             .
          
           
             2.
             
             An
             intened
             Massacre
             
          
           
             3.
             
             The
             Engagement
             .
          
           
             4.
             
             The
             High
             Court
             of
             Iustice
             .
          
           
             See
             Stat.
             5.
             Ed.
             VI
             .
             chap.
             11.
             
             &
             Cookes
             .
             3.
             Inst.
             pag.
             26.
             
          
           
             Witnes
             about
             3000.
             
             Scottish
             Prisoners
             of
             Warre
             starved
             to
             death
             at
             Durham
             :
             where
             they
             eat
             one
             another
             for
             hunger
             .
             These
             were
             taken
             at
             the
             battle
             of
             Dunbar
             An.
             1650.
             3.
             Sept.
             and
             many
             hundred
             Prisoners
             have
             been
             murdered
             in
             Goales
             ,
             with
             hunger
             ,
             cold
             ,
             nastinesse
             ,
             and
             contagion
             :
             after
             they
             have
             been
             robbed
             of
             their
             Estates
             and
             no
             Crime
             laid
             to
             their
             Charge
             :
             This
             is
             now
             become
             a
             dayly
             practise
             .
          
           
             See
             the
             Triall
             of
             K.
             
               Charls
            
             I.
             in
             the
             History
             of
             Independency
             2.
             Part.
             p.
             19
             &c.
             
          
           
             See
             the
             Additionel
             Post
             script
             at
             the
             Latter
             end
             of
             this
             Book
             .
          
           
             See
             Col.
             Andrews
             3
             Answers
             .
          
           
             VVhere
             there
             is
             but
             one
             witnes
             ,
             It
             shall
             be
             tried
             by
             combat
             before
             the
             Earle
             Martial
             Cook
             ibidem
             .
          
           
             10.
             
             Dec.
             1650.
             a
             New
             Act
             passed
             ,
             for
             establishing
             an
             High
             Court
             of
             Justice
             in
             Norfolk
             ,
             Suffolk
             ,
             Huntington
             ,
             Cambridge
             ,
             Lincoln
             and
             the
             Isle
             of
             Ely
             ,
             &c.
             
             And
             so
             by
             degrees
             this
             gangrene
             shall
             enlarge
             it self
             all
             the
             Kingdom
             over
             .
          
        
         
           Notes for div A66820e-5710
           
             *
             They
             forget
             the
             2.
             
             Declarations
             9.
             
             Febr.
             17.
             
             March
             1648.